Certifications

News & Analysis as of

FHA Announces Final Revisions to Loan-Level Certification Form

On March 15, 2016, the Federal Housing Administration (FHA) announced final changes to its loan-level certification form, 92900-A HUD/VA Addendum to the Uniform Residential Loan Application. The announcement represents...more

MBE Eligibility in Maryland

Q: How does a minority-owned business become eligible for certification as a minority business enterprise (MBE) in the State of Maryland? A: A minority-owned business seeking certification as an MBE in the State of...more

IRS Changes Streamlined Filing Compliance Procedures for Non-Willfulness Certification Forms

The Internal Revenue Service (IRS) recently modified the non-willfulness certification form that individual taxpayers must submit to enroll in the streamlined filing compliance procedures (SFCP). SFCP is a program offered by...more

What is a Board Certified Attorney in Florida?

I was asked recently by a friend what it means to be a Florida Bar Board Certified Trial Lawyer. It is a very valid and important question....more

ONC Proposes Changes to Health IT Certification Program

The HHS Office of the National Coordinator for Health Information Technology (ONC) has proposed changes to the ONC Health IT Certification Program that are intended to “further enhance the safety, reliability, transparency,...more

Hospice Care Eligible Patient Certification is a “Condition of Payment” Under False Claims Act

In order to state a cognizable claim under the False Claims Act (“FCA”) on a false certification theory, a plaintiff must allege that a defendant failed to comply with a federal statute or regulation that was a “condition of...more

Circuit Court Rules that Ambiguous Regulatory Requirements Cannot Give Rise to FCA Liability

A recent decision from the United States Court of Appeals for the District of Columbia Circuit evaluated whether a regulatory requirement was sufficiently ambiguous that it precluded a finding of liability under the False...more

Summary of FERC Meeting Agenda for February 18, 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s February 18, 2016 meeting, pursuant to the agenda as issued on February 11, 2016. Electric - E-1 – Pennsylvania Electric...more

DOJ Foreshadows Future Certification Requirement for Businesses to Receive Cooperation Credit

Last fall, Deputy Attorney General Sally Yates announced (Yates memo) that the DOJ would require businesses to share all relevant facts about individuals when disclosing misconduct to be entitled to cooperation credit. The...more

DOJ Fraud Section to Require Cooperation Certifications Before Corporate Settlement

Before settling with the U.S. Department of Justice’s Fraud Section, companies must now certify that they disclosed all information about individuals involved in the underlying misconduct. According to a recent Wall Street...more

Certification: A New Yates Memo Requirement?

On February 4, the Wall Street Journal reported that the DOJ’s Fraud Section will now require companies to certify that they have “fully disclosed all information about individuals involved in wrongdoing before finalizing a...more

UPDATE re Is New York's Proposal a Harbinger of Things to Come? Certification of BSA/AML Compliance and Personal Liability for...

Update - This announcement comes just days after New York Governor Andrew Cuomo nominated Maria Vullo, another lawyer, to replace Benjamin Lawsky, who resigned as the Superintendent of the Department of Financial...more

Anti-corruption

Focus on the US - An active FCPA docket anticipated - When compared to prior years, 2015 was relatively quiet for Foreign Corrupt Practices Act (FCPA) enforcement actions in the US. Although the total number of...more

Want the government to give you credit for cooperating with their investigation? Get ready to certify your investigation...

Late last week, the Wall Street Journal reported that the US Department of Justice's (DOJ's) fraud section is developing a process for settling companies to certify that they have disclosed fully all information about...more

Reminder: FCC Annual CPNI Compliance Certifications Due March 1, 2016

The deadline applies to all telecommunications carriers and interconnected VoIP providers. Annual customer proprietary network information (CPNI) certifications are due March 1, 2016, for the period covering January 1...more

Meeting OSHA's Reporting Requirements – Posting Starts February 1

Like death and taxes, the Occupational Safety and Health Administration (OSHA) can always be counted on to ratchet up enforcement efforts against employers each year. 2016 appears to be no different. The year begins with the...more

Red Light for Green Claims: FTC Sends Warning Letters to Green Certifiers

This week, the U.S. Federal Trade Commission (FTC) announced that it has sent warning letters to five marketers of environmental certifications and seals, as well as over 30 product companies displaying those certifications,...more

New York proposes new financial regulations that threaten criminal consequences for senior financial executives

Citing "heightened global security concerns," New York’s Governor Andrew Cuomo and New York’s Department of Financial Services (NYDFS) have proposed a set of new financial regulations that include requiring banks’ chief...more

Retail and Consumer Products Law Roundup - November 2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

Common FCPA Issues

As our previous posts illustrate, violations of the Foreign Corrupt Practices Act (“FCPA”) can carry a hefty cost. Two issues are commonly the impetus for FCPA violations and, practically speaking, pose significant FCPA...more

The FCA Impact Of DOJ’s Increased Focus on Small Business

In 2014, the Small Business Administration reported that almost a quarter of approximately $367 billion of eligible funding for small business contracting, or roughly $91.7 billion, was awarded to small businesses as prime...more

TSCA 101 for Importers: Good Faith is No Defense to Faulty Compliance Certification

The Toxic Substances Control Act (TSCA) regulates the manufacture, use, disposal, and import of chemical substances in the United States. By defining the term “manufacture” to include the term “import,” TSCA places the...more

Financial Regulatory Developments Focus - October 2015 #3

In this week's newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more

The why behind the application of GE regulations

Earlier this year, the U.S. Department of Education’s new “gainful employment” or “GE” regulations finally took effect. As REGucation readers know, the GE regulatory framework includes reporting, disclosure, and certification...more

CPSC & DOJ Stop Two Companies from Future Importation of Children’s Products with Far-Reaching Consent Decrees

Earlier this week, the U.S. Department of Justice (“DOJ”)—at the behest of the CPSC—filed suit in California federal court against two companies and three individuals for importing products that violate the Federal Hazardous...more

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