On February 7, 2023, the Department of Justice released its report on False Claims Act Settlements and Judgments for Fiscal Year 2022, showing that the DOJ recovered over $2.2 billion last year. That same day, in his State of...more
AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more
Pillow talk from an FBI agent trainee. A former congressman turned consultant trading on merger information learned on the job. A former Goldman Sachs investment banker misappropriating information about deals the bank was...more
On July 26, 2022, the Eighth Circuit raised the bar for plaintiffs seeking to allege a violation of the False Claims Act (“FCA”) predicated on the Anti-Kickback Statute (“AKS”). Under this decision, the plaintiff must prove...more
In a continuation of its annual rite, the Department of Justice (“DOJ”) on July 20, 2022, announced healthcare-related criminal charges against 36 defendants in 13 federal districts around the U.S. The charges allege more...more
AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.
In this edition, we analyze a recent Eleventh Circuit decision addressing False Claims Act penalties and the...more
2/28/2022
/ Anti-Kickback Statute ,
CARES Act ,
Coronavirus/COVID-19 ,
Discount Pricing ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Government Investigations ,
Healthcare ,
Healthcare Fraud ,
Infectious Diseases ,
OIG ,
Paycheck Protection Program (PPP)
Since April 2020, through the CARES Act, the government has provided billions of dollars in emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic, including through...more
2/15/2022
/ Bank Fraud ,
CARES Act ,
Coronavirus/COVID-19 ,
Federal Loans ,
Financial Fraud ,
Healthcare Fraud ,
Infectious Diseases ,
Kickbacks ,
Loan Applications ,
Paycheck Protection Program (PPP) ,
Popular ,
Relief Measures ,
SBA Lending Programs ,
Small Business ,
Wire Fraud
In late December, the U.S. Circuit Court of Appeals for the Eleventh Circuit issued its decision in Yates v. Pinellas Hematology & Oncology, P.A. The appellate court affirmed the district court’s imposition of damages and...more
2/2/2022
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Certification Requirements ,
CLIA ,
Clinical Laboratory Testing ,
Damages ,
Eighth Amendment ,
Excessive Fines Clause ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Penalties ,
Reimbursements ,
Statutory Violations
AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.
In this edition, we discuss recent criticism of the Justice Department’s use of “taint teams” to review...more
As a generally held principle, mere investment or ownership interest in a company does not expose the investor to liability for acts undertaken by the company. However, that principle is being called into question in the...more
AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.
In this edition, we discuss a recent Florida district court case involving prosecutorial misconduct resulting...more
8/30/2021
/ Antitrust Provisions ,
Attorney Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Ethics Breach ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Privileged Documents ,
Wage-Fixing
On July 16, 2021, Judge Darrin P. Gayles of the Southern District of Florida indicated his intent to grant a new trial to three defendants, Matthew Pisoni, Marcus Pradel, and Victor Ramirez, based on his determination that...more
Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more
2/25/2021
/ Advertising ,
Anti-Kickback Statute ,
Biologics ,
Biotechnology ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Investigations ,
Life Sciences ,
Marketing ,
OPDP ,
Over The Counter Drugs (OTC) ,
Pharmaceutical Industry ,
Warning Letters
On February 11, 2020, AGG’s Government Investigations practice chairs, Aaron M. Danzig and Sara M. Lord, conducted a webinar, titled “Life Sciences Investigations and Enforcement Actions: 2020 Year in Review and 2021...more
2/19/2021
/ Anti-Kickback Statute ,
Biotechnology ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud ,
Investigations ,
Life Sciences ,
OIG ,
Penalties ,
Pharmaceutical Industry ,
Speaker Programs
In a sign of things to come, on January 12, 2021, the Department of Justice (DOJ) announced the first civil settlement to resolve fraud claims involving loan recipients under the Paycheck Protection Program (PPP). We noted...more
On November 24, 2020, the Eleventh Circuit issued an opinion in U.S. v Shah (Case No. 19-12319), in which it disposed of the Anti-Kickback Statute’s (AKS or the “statute”) “one purpose” rule in certain circumstances. In this...more
AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more
Last month, the Department of Justice released new guidance for assessing a company’s claim that it is unable to pay the amount of money demanded by the DOJ to settle a civil lawsuit. When the DOJ brings a lawsuit seeking...more
AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more
Federal indictments were unsealed recently against four managers, supervisors, and human resources personnel at Mississippi-based poultry processing plants as a result of an ongoing criminal investigation into company hiring...more
On June 1, 2020, the Criminal Division of the U.S. Department of Justice (“DOJ”) updated its guidance for its evaluation of corporate compliance programs when making charging decisions. The Guidance, first published in...more
On May 19, 2020, President Trump signed the Executive Order “Regulatory Relief to Support Economic Recovery.” The Order seeks “to combat the economic consequences of COVID-19” by directing government agencies to consider...more
On April 15, 2020, the Eastern District of Pennsylvania issued a defense-favorable order, granting summary judgment in a False Claims Act case brought on a “worthless services” theory. U.S. ex rel. Jackson v. DePaul Health...more
Criminal Willie Sutton was once asked why he robbed banks. His response: “Because that’s where the money is.” Introduction - With the enactment of the CARES Act on March 25, 2020, the U.S. government appropriated $2.2...more
On March 23, 2020, the Ninth Circuit rejected the conclusion that a mere difference in clinical judgment is insufficient to show “objective falsity.” In issuing this decision, Ninth Circuit joined the Fifth, Tenth, and Third...more