A successful False Claims Act (“FCA”) claim must show that the defendant submitted a false claim or statement “knowingly.” The “knowing” element—the scienter prong—depends on whether the defendant actually knew that the claim...more
On August 30, 2022, the D.C. Circuit Court of Appeals brought renewed attention to the conundrum of False Claims Act (“FCA”) damages by applying a pro tanto allocation rule to a partially settled case. In United States v....more
In its upcoming term, the U.S. Supreme Court is poised to address the issue of whether the United States can seek to dismiss a whistleblower’s False Claims Act (“FCA”) lawsuit after it has elected not to participate in the...more
NOTE FROM THE EDITORS -
All of us here at Blank Rome wish you and yours a happy and healthy holiday season and start to 2019.
We are pleased to present our final 2018 edition of White Collar Watch, which includes timely...more
12/14/2018
/ Bribery ,
Civil Monetary Penalty ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Penalties ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
White Collar Crimes
This is the fifth installment in a series of articles. For more background on this topic, please read our first article in the series, An Introduction to Financial Technology; our second article, The FinTech Revolution:...more
9/14/2018
/ Cybersecurity ,
Data Breach ,
Data Protection ,
Disclosure Requirements ,
Dodd-Frank ,
Enforcement Actions ,
FinTech ,
Personally Identifiable Information ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
Welcome to the spring edition of our White Collar Watch. Hopefully by the time you are reading this, winter’s storms (finally?) are behind us.
2018 has gotten off to a busy start for our practice and attorneys. We look...more
5/1/2018
/ Anti-Corruption ,
Anti-Money Laundering ,
Certiorari ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
False Claims Act (FCA) ,
Financial Institutions ,
FinTech ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Investigations ,
Lagos v United States ,
Qui Tam ,
Recordkeeping Requirements ,
SCOTUS ,
Securities and Exchange Commission (SEC)
A bedrock of the FinTech revolution is blockchain technology—a digital, decentralized ledger of all transactions that take place across a peer-to-peer network of computers. The ledger is visible to anyone within the network,...more
Welcome to the summer edition of Blank Rome’s White Collar Watch. In a world that seems to bring new challenges daily—such as the global cybersecurity attacks that were launched in late June—this newsletter is designed to...more
7/25/2017
/ Anti-Bribery ,
Anti-Corruption ,
Anti-Money Laundering ,
Bribery ,
Compliance ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Money Laundering ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
This is the second installment in a series of articles. For an understanding of FinTech products and services and how they are disrupting the financial services industry.
As law enforcement authorities and government...more
At the ABA Section of Taxation’s 2017 May Meeting, Erick Martinez, the IRS Criminal Investigation Division’s Director of Field Operations – Northern Area, provided insight into the Division’s current priorities and...more
Action Item: The New Jersey Attorney General’s Office has announced two programs to combat public corruption. Corporations self-reporting corruption may seek a waiver of prosecution, while individuals may seek prosecution...more
This article is the first in a series of articles on this topic by the authors.
“FinTech” has become a buzzword of the decade. The term, which is a moniker for “financial technology,” captures all manner of...more
In Zolin, the Supreme Court determined that a party invoking the crime-fraud exception must make a threshold showing before a district court may review documented attorney-client communications on camera. The court settled on...more
In Zolin, the Supreme Court determined that a party invoking the crime-fraud exception must make a threshold showing before a district court may review documented attorney-client communications in camera. The Court settled on...more
On June 17, 2014, the United States Court of Appeals for the Second Circuit issued a significant Fourth Amendment decision in United States v. Ganias. The decision is premised on the well-established notion that, because of...more