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Ready for Takeoff - DOJ’s Criminal Division Corporate Whistleblower Awards Pilot Program Launched

On August 1, 2024, the Criminal Division of the Department of Justice (“DOJ”) launched its anticipated nationwide Corporate Whistleblower Awards Pilot Program (“Pilot Program”), promising potential monetary awards to...more

DOJ Continues to Target Lab Sales Arrangements and Ordering Practices

Signaling its continued scrutiny of the laboratory industry, the Department of Justice (DOJ) entered into a settlement agreement with Texas lab Genotox Laboratories Ltd. last month related to compensation Genotox paid to...more

False Claims Act: Appellate Court Deepens Circuit Split in Favor of Healthcare Defendants

On March 28, 2023, the United States Court of Appeals for the Sixth Circuit issued its opinion in United States ex rel. Martin v. Hathaway, holding that plaintiffs in False Claims Act (FCA) cases alleging a violation of the...more

Annual ABA White Collar Conference Brings Additional Updates to DOJ Corporate Enforcement Policy

Last week at the American Bar Association’s annual National Institute on White Collar Crime in Miami, Deputy Attorney General Lisa Monaco and Assistant Attorney General Kenneth A. Polite highlighted several new facets of the...more

DOJ Announces New Nationwide Voluntary Self-Disclosure Policy

On Wednesday, February 22, 2023, the Department of Justice (“DOJ”) released a new nationwide voluntary self-disclosure policy for corporate criminal enforcement. The policy codifies previous corporate enforcement guidance...more

False Claims Act Recoveries 2022

The Department of Justice (DOJ) recently announced its False Claims Act (FCA) Recoveries for 2022, with the second-highest number of settlements in history. While the number of settlements increased, the total amount of...more

Screening Failures Caused PPP Fraud

On December 1, 2022, the House Select Subcommittee on the Coronavirus Crisis released a staff report describing the poor performance of the financial technology companies that took a prominent role in administering the...more

President Biden Extends Statute of Limitations for PPP and EIDL Fraud to Ten Years

In August, President Biden signed two bills into law that give the Department of Justice and other federal agencies more time to investigate and prosecute Paycheck Protection Program (“PPP”) and COVID-19 Economic Injury...more

DOJ’s New Settlement Policy Demonstrates Increased Focus on Robust Compliance Programs

On Wednesday, Assistant Chief of DOJ Fraud Section’s Corporate Enforcement, Compliance, and Policy Unit, Lauren Kootman, confirmed the Department’s new policy of having chief compliance officers certify settlement agreements...more

Another Wave of Criminal Charges Brought in COVID-Related Fraud

The Department of Justice and the US Attorney offices around the country are continuing to be in hot pursuit of cases of fraud related to the COVID-19 pandemic. On April 20, 2022, the Department of Justice announced a new...more

DOJ Faces Two Strikeouts in First Health Care Wage-Fixing and “No Poach” Prosecutions

On April 14, 2022, a Texas jury returned five not-guilty verdicts on six charges considered in the first federal criminal wage-fixing prosecution. A day later, on April 15, 2022, a Colorado federal jury entirely acquitted...more

False Claims Act Recoveries During 2021

On February 1, 2022, the United States Department of Justice (DOJ) announced that it had recovered $5.6 billion from False Claims Act (FCA) Cases during fiscal year 2021. Each year, the DOJ publishes statistics about its...more

SCOTUS Overturns First, Fifth, Seventh, and Eleventh Circuits and Limits Scope of Computer Fraud and Abuse Act Prosecutions

In a 6-3 decision authored by the Court’s newest Justice, Amy Coney Barrett, the Court reversed and remanded Van Buren’s conviction. The majority, joined by Justices Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh reasoned...more

SCOTUS Set to Resolve Circuit Split and Decide Scope of Computer Fraud and Abuse Act Prosecutions

Recently, the United States Supreme Court added United States v. Van Buren to its merits docket for next term. The Court will seek to resolve a circuit-split over whether a person who is authorized to access information on a...more

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