In 2023, the Department of Justice (DOJ) achieved a record-breaking number of recoveries under the False Claims Act (“FCA”), underscoring its ongoing commitment to combating fraud against the federal government. Government...more
In an apparent response to a downturn in corporate cases and criticism that its harsh rhetoric was chilling corporate cooperation, the Department of Justice (“DOJ”) recently announced significant changes to its policy on...more
Just days after securing its first Section 2 conviction in over 40 years in United States v. Zito on October 31, 2022,1 the U.S. Department of Justice (“DOJ”) again wielded its once-neglected ability to criminally enforce...more
On October 31, 2022, the U.S. Department of Justice Antitrust Division (“DOJ”) announced that the president of a Montana paving and asphalt contractor, Nathan Nephi Zito, had pleaded guilty to one count of attempting to...more
Deputy Attorney General Lisa A. Monaco’s September 15, 2022 memorandum (the “Memo”) clarified a series of Department of Justice (“DOJ”) objectives regarding corporate and individual responsibility that parallel recent...more
In announcing recent changes to its corporate criminal enforcement policies, the Department of Justice (“DOJ” or the “Department”) continued its forceful “tough on crime” initiatives to deter wrongdoing....more
9/27/2022
/ Clawbacks ,
Compliance ,
Corporate Governance ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Investigations ,
Non-Prosecution Agreements ,
Recidivism ,
Self-Reporting ,
Transparency
Enforcement of corporate crimes, which languished for two years during the COVID-19 pandemic, will grow more vigorous this year and may be accompanied by significantly tougher penalties, partners with Vinson & Elkins’ (“V&E”)...more
5/27/2022
/ Anti-Corruption ,
Bribery ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cyber Crimes ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FBI ,
Foreign Corrupt Practices Act (FCPA) ,
Ransomware ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
White Collar Crimes
A review of President Biden’s proposed Budget (“Budget”) for 2023 spotlights the enforcement priorities of the president’s Justice Department as the administration enters its third year. ...more
4/21/2022
/ Antitrust Division ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Crime Victims ,
Cybersecurity ,
Department of Justice (DOJ) ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Federal Budget ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Joe Biden ,
Popular ,
Procurement Collusion Strike Force ,
Securities and Exchange Commission (SEC) ,
The Clayton Act
In the span of 24 hours, two closely-watched federal jury trials both ended in defeat last week for the Department of Justice, Antitrust Division (“the Division”). The trials were considered bellwethers in gauging how the...more
On April 4, 2022, the Department of Justice (“DOJ”) Antitrust Division (the “Division”) announced important policy and practice changes to its leniency program (the “Leniency Program”) — the first substantive changes to the...more
On January 28, 2022, the United States District Court for the District of Colorado declined to dismiss a criminal antitrust indictment alleging a dialysis operator, DaVita Inc. (“DaVita”), and its former CEO colluded with...more
Global supply chains continue to reel from the impact of the COVID-19 pandemic. The Biden Administration has referred to bottlenecks in the supply chain as a national crisis.1 Recent remarks from antitrust regulators...more
This Cartel primer, full document linked below, brings together our knowledge of cartel cases and distills it in an easily digestible and practical format. It discusses challenges targets face in responding to cartel...more
12/8/2021
/ Anti-Competitive ,
Antitrust Division ,
Burden of Proof ,
Cartels ,
Civil Investigation Demand ,
Compelled Testimony ,
Criminal Penalties ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Discovery ,
Federal Trade Commission (FTC) ,
Grand Juries ,
Injunctive Relief ,
Investigations ,
Monopolization ,
Raids ,
Sherman Act ,
The Clayton Act ,
Whistleblowers
When companies get into trouble, it’s common practice for the government to call on independent third parties to help clean up the mess.
Companies under investigation by the Department of Justice (“DOJ”) often agree to...more
For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more
9/23/2021
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Class Certification ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
No-Poaching
On September 13, 2021, the Department of Justice (“DOJ”) intervened in a False Claims Act (“FCA”) suit alleging that a health insurer defrauded the government by submitting false patient data to wrongfully inflate payments...more
As has been well-publicized, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” (the “EO” or “Order”).1 As the preamble articulates, the EO’s focus is to “promote the...more
7/19/2021
/ Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Joe Biden ,
Non-Compete Agreements ,
Popular ,
Procurement Collusion Strike Force ,
Railroads ,
Sherman Act ,
Surface Transportation Board
The Department of Justice’s (“DOJ”) Procurement Collusion Strike Force (“PCSF”) chalked up several more prosecutions soon after we reported its first-ever international resolution — a guilty plea from Belgium-based G4S Secure...more
On June 25, 2021, the Department of Justice’s Antitrust Division (the “Division”) announced the first criminal antitrust prosecution and “international resolution obtained by the Procurement Collusion Strike Force (PCSF).”...more
A new sheriff is in town — and that means the potential for big changes ahead for white-collar criminal enforcement in terms of specific areas of focus and volume of investigations...more
6/25/2021
/ Attorney General ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Justice ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
No-Poaching ,
White Collar Crimes
On May 28, 2021, President Biden submitted his Budget for Fiscal Year 2022 to Congress, including $35.3 billion for the Department of Justice (“DOJ”), which was an overall increase of almost $4 billion from the previous...more
6/11/2021
/ Antitrust Division ,
Antitrust Investigations ,
Attorney General ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Economic Injury Disaster Loans ,
Federal Budget ,
Fraud ,
Online Platforms ,
Procurement Collusion Strike Force ,
Technology Sector ,
White Collar Crimes
On March 26, 2021, the Department of Justice (“DOJ”) issued a press release trumpeting the agency’s “historic level of enforcement action” in response to COVID-19 related fraud. Roughly one year after Congress passed the $2.2...more