Supreme Court Declines to Review Issue of “Objective Falsity” Under False Claims Act -
On February 22, 2021, the United States Supreme Court denied petitions for certiorari in a case that could have addressed the issue of...more
3/1/2021
/ Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Hospice ,
Investment Fraud ,
Objective Falsity ,
Qui Tam ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
French Concrete Contractor to Pay $3.9 Million FCA Penalty -
On February 17, 2021, the Department of Justice (DOJ) announced that a French company, COLAS Djibouti SARL, agreed to pay $3.9 million to resolve allegations...more
2/22/2021
/ Bribery ,
CMBS ,
Contractors ,
Criminal Penalties ,
Deferred Prosecution Agreements ,
Department of Labor (DOL) ,
Destruction of Evidence ,
Disclosure Requirements ,
False Claims Act (FCA) ,
France ,
Internal Controls ,
Securities and Exchange Commission (SEC) ,
Subcontractors ,
Wire Fraud
Headlines that Matter for Companies and Executives in Regulated Industries - Medical Supply Exec Agrees to Pay $20.3 Million to Settle FCA Claims - Kelly Wolfe of Indian Rocks Beach, Florida, has agreed to a $20.3 million...more
Former State Senator Indicted for Fraud, Money Laundering, and Tax Evasion -
On February 3, a grand jury indicted Sam McCann, former Illinois State Senator and 2018 gubernatorial candidate, for his role in a scheme to misuse...more
2/8/2021
/ Bitcoin ,
Campaign Funds ,
Criminal Prosecution ,
Cryptocurrency ,
FinCEN ,
Fraud ,
Indictments ,
Money Laundering ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Tax Evasion ,
Wire Fraud
Despite Decrease in 2020 False Claims Act Recoveries, Investigations and Litigation Expected to Rise Under the Biden Administration -
As previously detailed by Arent Fox, total False Claims Act (FCA) recoveries for the...more
2/1/2021
/ Anti-Kickback Statute ,
Biden Administration ,
CARES Act ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Investigations ,
Kickbacks ,
Medicare ,
Paycheck Protection Program (PPP) ,
Recovery Plans ,
Settlement Agreements ,
TRICARE
DOJ’s 2020 False Claims Act Recoveries Lowest Since 2008 -
On January 14, 2021, the Department of Justice (DOJ) announced that it obtained more than $2.2 billion in settlements and judgments from civil cases involving...more
1/25/2021
/ Bribery ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Fraud ,
IRS ,
Kickbacks ,
Medicaid ,
Medical Devices ,
Paycheck Protection Program (PPP) ,
Qui Tam ,
Relief Measures ,
SBA ,
Settlement ,
Whistleblowers ,
Wire Fraud
On January 8, 2021, US authorities announced that they reached an agreement with Deutsche Bank Aktiengesellschaft (Deutsche Bank) to resolve the government’s investigation into violations of the Foreign Corrupt Practices Act...more
1/21/2021
/ Anti-Corruption ,
Commodities ,
Compensation ,
Criminal Penalties ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Deutsche Bank ,
Disgorgement ,
False Reporting ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Fraud ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Third-Party Risk
Deutsche Bank to Pay Over $130 Million to Resolve Foreign Corrupt Practices Act and Fraud Allegations -
Deutsche Bank Aktiengesellschaft (Deutsche Bank) has agreed to pay more than $130 million to resolve the government’s...more
1/18/2021
/ Accounting Controls ,
BDC ,
Bribery ,
Bristol-Myers Squibb ,
Criminal Penalties ,
Deferred Prosecution Agreements ,
Deutsche Bank ,
Disgorgement ,
Drones ,
False Claims Act (FCA) ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Healthcare Fraud ,
Kickbacks ,
Medicare ,
Money Laundering ,
Qui Tam ,
Sanofi-Aventis ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Spoofing ,
Telemedicine ,
U.S. Navy ,
Whistleblowers ,
Wire Fraud
New York Pharmacy Owners Charged in $30 Million COVID-19 Health Care Fraud and Money Laundering Case -
On December 21, 2020, the Department of Justice (DOJ) announced that two owners of over a dozen New York-area...more
1/11/2021
/ California ,
Coronavirus/COVID-19 ,
Criminal Convictions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Genetic Testing ,
Healthcare Fraud ,
Identity Theft ,
Medicare ,
Money Laundering ,
New York ,
Pharmacies ,
Pharmacist ,
State Attorneys General ,
Tennessee ,
Wire Fraud
False Claims Act Legal Developments -
First Circuit Upholds Whistleblower Retaliation Verdict -
On December 9, 2020, the US Court of Appeals for the First Circuit held as a matter of first impression that “the...more
12/21/2020
/ Anti-Corruption ,
Appeals ,
Bribery ,
Conspiracies ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Money Laundering ,
Qui Tam ,
Retaliation ,
Title VII ,
Venezuela ,
Whistleblower Protection Policies ,
Whistleblowers
Three months after a leak and investigation into over $2 trillion in suspect transactions at the world’s largest banks and financial institutions, known as the “FinCEN Files,” Congress passed legislation that would require...more
12/15/2020
/ Anti-Money Laundering ,
Banks ,
Business Entities ,
Disclosure Requirements ,
Financial Institutions ,
FinCEN ,
Fraud ,
Investigations ,
Money Laundering ,
NDAA ,
New Legislation ,
Piercing the Corporate Veil ,
Securities and Exchange Commission (SEC) ,
Shell Corporations ,
Transparency
HHS Announces Formation of FCA Working Group -
On December 4, 2020, the US Department of Health and Human Services (HHS) announced that it is creating a False Claims Act Working Group to enhance the partnership between...more
12/14/2020
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud ,
Healthcare Fraud ,
Integrity Policies ,
Medicare ,
OIG ,
Proposed Rules ,
SCOTUS ,
Settlement Agreements ,
Stark Law ,
Value-Based Care ,
Working Groups
HHS Announces Final Rules Amending Stark Law Regulations and Anti-Kickback Statute -
On November 20, 2020, the Centers for Medicare and Medicaid Services and the Department of Health and Human Services (HHS) published...more
12/7/2020
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Criminal Conspiracy ,
DEA ,
Department of Health and Human Services (HHS) ,
False Claims Act (FCA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Final Rules ,
Fraud ,
Health Care Providers ,
Inflated Projections ,
Medicaid ,
Medicare ,
Opioid ,
Physician Medicare Reimbursements ,
Purdue Pharma ,
Securities Fraud ,
Stark Law ,
Value-Based Care
Seven Individuals Charged in $16 Million COVID-Relief Fraud Scheme -
In an indictment unsealed on November 17, seven individuals were charged with conspiracy to commit wire fraud and wire fraud for allegedly submitting at...more
House Committee Chairs Direct White House and Federal Agencies to Preserve Documents during Transition Period to the Biden Administration -
On November 10, 2020, Committee Chairs from the House of Representatives sent...more
Russian National Sentenced to Prison for $100 Million Cyber Fraud Conspiracy -
On October 30, 2020, a Russian national was sentenced to eight years in prison for his role in a scheme to illicitly obtain and use sensitive...more
11/6/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
False Claims Act (FCA) ,
Fraud ,
Healthcare Fraud ,
Medicare ,
Physicians ,
Qui Tam ,
Russia ,
SCOTUS ,
Sensitive Personal Information ,
Whistleblowers
Mortgage Company to Pay $24.9 Million to Resolve Alleged False Claims Act Violations -
On October 28, 2020, the Department of Justice (the “DOJ”) announced that Guild Mortgage Company (“Guild”), a California-based...more
11/2/2020
/ Anti-Bribery ,
Books & Records ,
Department of Justice (DOJ) ,
Fair Housing Act (FHA) ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
HUD ,
India ,
Internal Controls ,
Maryland ,
Money Laundering ,
Russia ,
Settlement ,
Wire Fraud
Department of Justice Announces $8.3 Billion Settlement with Opioid Manufacturer Purdue Pharma and Members of the Sackler Family -
On October 21, the Department of Justice (DOJ) announced that it reached a global resolution...more
10/26/2020
/ Anti-Kickback Statute ,
Bankruptcy Court ,
DEA ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Fraud ,
Health Care Providers ,
Opioid ,
Pharmaceutical Industry ,
Purdue Pharma ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Substance Abuse
Medical Device Manufacturer Settles Improper Payment Allegations for $18 Million -
Merit Medical Systems Inc. (MMSI), a Utah-based medical device maker, will pay $18 million to settle allegations that it engaged in a...more
10/19/2020
/ Child Care ,
Corporate Integrity Agreement ,
Department of Energy (DOE) ,
False Claims Act (FCA) ,
Fraud ,
Kickbacks ,
Mail Fraud ,
Medicaid ,
Medical Devices ,
Medicare ,
Settlement Agreements ,
Subcontractors ,
TRICARE ,
Wire Fraud
Investment Bank Fined $400 Million For Failing to Remediate Deficiencies in its Risk Management Systems -
On October 7, the Federal Reserve Board and Office of the Comptroller of the Currency issued a consent order...more
10/9/2020
/ Bank Fraud ,
CARES Act ,
Citigroup ,
Consent Order ,
Coronavirus/COVID-19 ,
Criminal Conspiracy ,
Durable Medical Equipment ,
False Statements ,
Federal Reserve ,
Fraud ,
Investment Banks ,
Kickbacks ,
Loan Applications ,
Mail Fraud ,
Medicare Fraud ,
Patient Privacy Rights ,
Paycheck Protection Program (PPP) ,
Pennsylvania ,
Remediation ,
Risk Management ,
Wire Fraud
DOJ Announces Charges Against 345 Defendants in Historic Nationwide Health Care Fraud and Opioid Takedown -
The DOJ announced a nationwide enforcement action charging 345 defendants across 51 federal districts with...more
10/5/2020
/ Anti-Dumping Agreement ,
Bribery ,
Coronavirus/COVID-19 ,
Countervailing Duties ,
Department of Justice (DOJ) ,
Economic Injury Disaster Loans ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Kickbacks ,
Loan Applications ,
Medicare ,
Nonprofits ,
Opioid ,
Pharmacies ,
Physicians ,
SBA ,
Settlement ,
Substance Abuse ,
Telecommunications ,
Telemedicine ,
Wire Fraud
On September 29, 2020, US authorities announced that they reached an agreement with JPMorgan Chase & Co. (JPMorgan Chase) to settle criminal charges related to two distinct years-long market manipulation schemes involving...more
10/2/2020
/ CFTC ,
Compliance ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Disgorgement ,
DPA ,
FCPA Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
JPMorgan Chase ,
Market Manipulation ,
Restitution ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Spoofing ,
U.S. Treasury
Biotechnology Company Settles False Claims Act Charges for $11.5 million -
The Acting U.S. Attorney for the Southern District of New York announced a settlement with Bio-Reference Laboratories, Inc. (“BRL”), a New...more
9/28/2020
/ Anti-Fraud Provisions ,
Anti-Kickback Statute ,
Biotechnology ,
Broker-Dealer ,
False Claims Act (FCA) ,
Fraud ,
Kickbacks ,
Medicare ,
New Jersey ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
TRICARE ,
Whistleblowers
Acute Care Hospital Agrees to Pay $50 Million to Settle Alleged Stark Law and Anti-Kickback Statute Violations -
On September 9, 2020, the Department of Justice (“DOJ”) announced that Wheeling Hospital Inc. (“Wheeling...more
9/14/2020
/ Anti-Kickback Statute ,
California ,
Campaign Contributions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Fair Market Value ,
False Claims Act (FCA) ,
Fraud ,
Medicaid ,
Medicare ,
Qui Tam ,
Risk Assessment ,
Settlement Agreements ,
Stark Law ,
TRICARE ,
Wire Fraud
Third Circuit Holds that False Claims Act First-to-File Bar is Not Jurisdictional -
On September 1, 2020, the US Court of Appeals for the Third Circuit held that the False Claims Act (FCA) first-to-file bar, 31 U.S.C. §...more
9/8/2020
/ Anti-Bribery ,
Appeals ,
Appellate Courts ,
Burden of Proof ,
Civil Forfeiture ,
Department of Justice (DOJ) ,
Embezzlement ,
Extradition ,
Failure To State A Claim ,
False Claims Act (FCA) ,
Financial Institutions ,
First-to-File ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Lobbying ,
Settlement Agreements