Whistleblowers, Compliance | JD Supra Law News

Four Key Board Responsibilities for Monitoring Risk and Compliance

by NAVEX Global on 5/13/2013

Introduction: High Pressure Regulatory Environment - Now more than ever, there is increased regulatory pressure on organizations – and their Boards of Directors – to create and maintain effective ethics and compliance...more

Law360 Quotes Steve Pearlman on Keeping Whistleblower Complaints In-House

by Harris M. Mufson, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 5/9/2013

In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, offered ways for companies to minimize their potential whistleblower liability....more

New York Times Quotes Lloyd Chinn on “Sharper Focus” of Internal Whistleblower Compliance Policies

by Harris M. Mufson, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 4/25/2013

In an article published by the New York Times yesterday, Lloyd Chinn, Co-head of Proskauer’s Whistleblower & Retaliation Group, commented on the recent efforts of some companies to strengthen their whistleblower compliance...more

Ethical Behavior in the Navy – Lessons for the Non-Military Compliance Practitioner

by Thomas Fox on 4/1/2013

What exactly is doing business in an ethical manner? I believe that the answer is different for each company. Ethical behavior can translate into doing business in a manner that does not jeopardize the safety of others and...more

McNulty’s Maxim No. 3 and Response to Allegations of Bribery

by Thomas Fox on 3/26/2013

In a Wall Street Journal (WSJ) article by Chris Matthews, Joe Palazzolo and Shira Ovide, entitled “U.S. Probes Microsoft Bribery Allegations”, they reported that the Department of Justice (DOJ) and Securities and Exchange...more

What To Do If Your Gut Says It’s Wrong: Lessons from Project Alpha

by Thomas Fox on 3/21/2013

I often write about what can happen to companies who run afoul of the Foreign Corrupt Practices Act (FCPA). Usually enforcement actions focus on companies and not individuals. However, as is often pointed out by commentators...more

Whistleblower Retaliation Claims — Are You Prepared?

by Paul Monsees | Foley & Lardner LLP on 3/12/2013

Publicity about whistleblower claims and recoveries continues to grab headlines. The recent confession by Lance Armstrong highlighted the blood doping allegations behind his seven Tour de France titles and on the...more

Anti-Corruption Compliance Check-Ups

by Michael Volkov on 3/11/2013

The Justice Department’s message is getting through. The two-fisted strategy of aggressive enforcement and public cajoling on the importance of compliance is being heard by the business community. The Justice Department and...more

Detecting and Preventing Fraud and Embezzlement

by William H. Devaney, Jeffrey S. Tenenbaum | Venable LLP on 3/6/2013

In this presentation: - Recent Examples of Nonprofit Embezzlement - Why Does Employee Fraud Occur? - Why Are Nonprofits Frequently the Victims of Embezzlement? - External Audits - Fraud Risk...more

Sands’ Casinos Report of “Possible” FCPA Violations Will Draw Scrutiny to the Gaming Industry

by Brett W. Johnson, Heidi McNeil Staudenmaier | Snell & Wilmer L.L.P. on 3/5/2013

On Friday, March 1, 2013, the parent company of the Las Vegas Sands Corp. (Sands), reported in a filing to the Securities and Exchange Commission (SEC) that the company may have violated the “books and records and internal...more

Health Care Enforcement in 2012: A Year in Review

by Hope Foster, Samantha Kingsbury, Tracy Miner, Jessica Sergi, Stephanie Willis | Mintz Levin - Health Law on 2/26/2013

Last year was another busy year in health care fraud enforcement. In 2012, the Office of Inspector General for the Department of Health and Human Services (HHS-OIG) reported total expected recoveries of $6.9 billion from all...more

U.S. Whistleblower Recovers Large Sum from Antidumping Duty Evasion

by David J. Levine, Raymond Paretzky | McDermott Will & Emery on 2/22/2013

The False Claims Act may furnish a powerful new tool for U.S. producers that believe their foreign competitors are evading antidumping/countervailing duty or other customs duties by misclassifying imports or misrepresenting...more

How Does Your Organization Treat Whistleblowers?

by Thomas Fox on 2/8/2013

As almost everyone knows, Lance Armstrong spoke for the first time about his performance enhancing drug (PED) use recently on Oprah. On the first night he admitted for the first time that he used PEDs during his seven wins at...more

Siemens Whistleblower Complaint Underscores Need for "Top-Down" Anti-Corruption Compliance

by Anthony Moshirnia | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

In 2008, Siemens AG paid $800 million to settle charges that it had violated the Foreign Corrupt Practices Act, which generally prohibits bribery of foreign officials for the purpose of obtaining or retaining business. That...more

Major New Jersey Health System Pays $12.6 Million To Settle False Claims Act Suit Alleging Physician Kickback Scheme

by Henry E. Hockeimer, Jr., Evan Krick, Dee Spagnuolo | Ballard Spahr LLP on 1/31/2013

Federal prosecutors recently announced a $12.6 million False Claims Act (FCA) settlement with a major New Jersey health system to resolve allegations that the system paid outside physicians in order to increase referrals....more

Amendments to California False Claims Act Expand Potential Exposure to Government Investigations and Litigation

by Kristina Starr Azlin, John Canale, Vince Farhat | Holland & Knight LLP on 1/9/2013

On September 27, 2012, Governor Jerry Brown signed into law Assembly Bill 2492 (AB 2492), which amends the California False Claims Act (CFCA). These amendments closely align the CFCA with the federal False Claims Act (FFCA)....more

The Allianz FCPA Enforcement Action – What the Compliance Practitioner Needs to Know

by Thomas Fox on 1/2/2013

Who is your favorite character from the Iliad? Is it Agamemnon the king who brings the Greek Armada to Troy for his brother’s honor; perhaps Ajax the mountain of a man who is the most loyal Greek warrior; how about Achilles...more

When A Whistleblower Investigation Turns Criminal

by Mark J. Biros | Proskauer - Whistleblowing & Retaliation on 12/20/2012

The new SEC bounty-hunter regime, the explosion in whistleblower claims, and the increasing severity and complexity of those claims raises the specter of government investigations and criminal sanctions....more

The SEC’s Annual Report on the Dodd-Frank Whistleblower Program: Statistics Suggest Best Practices for an Effective Compliance and...

by Andrea P. Brockway, Christopher R. Hall | Saul Ewing LLP on 12/20/2012

The Securities and Exchange Commission’s Annual Report on the Dodd-Frank Whistleblower Program, released November 2012, provides the first complete year of data on the activities of the Office of the Whistleblower (“OWB”)...more

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