Two recent court Foreign Corrupt Practices Act (FCPA) cases, a significant amendment to the Foreign Extortion Prevention Act (FEPA), and the new pilot whistleblower rewards program show that Anti-Corruption Enforcement...more
8/22/2024
/ Anti-Corruption ,
Bribery ,
Compliance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Pilot Programs ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Government Investigations ,
Latin America ,
South Africa ,
Whistleblower Awards ,
Whistleblowers
The U.S. Department of Justice’s (“DOJ”) Criminal Division announced its new Corporate Whistleblower Awards Pilot Program on August 1, 2024. The Pilot Program incentivizes whistleblowers to provide information to the DOJ so...more
8/8/2024
/ CFTC ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
On June 26, 2024, the U.S. Supreme Court issued an opinion in a public corruption case that could have a lasting impact on how the U.S. Government prosecutes corruption and procurement fraud cases involving state and local...more
7/5/2024
/ Bribery ,
Compliance ,
Corruption ,
Criminal Convictions ,
Criminal Prosecution ,
Illegal Gratuities ,
Political Corruption ,
Public Corruption ,
Public Officials ,
Public Procurement Policies ,
SCOTUS ,
Snyder v United States ,
Split of Authority ,
Tips
On May 9, 2024, the Antitrust Division of the Department of Justice (DOJ) announced a new Task Force on Health Care Monopolies and Collusions (HCMC). Comprised of civil and criminal prosecutors, economists, healthcare...more
5/22/2024
/ Acquisitions ,
Analytics ,
Antitrust Division ,
Books & Records ,
Collusion ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Health Care Providers ,
Mergers ,
Monopolization ,
Risk Management ,
Safe Harbors ,
Voluntary Disclosure
In the U.S. Department of Justice’s (DOJ) latest policy in furtherance of its “carrots and sticks” approach to corporate criminal enforcement, senior leadership of its Criminal Division announced a new Pilot Program on...more
On April 17, 2024, the House Education and Workforce Committee is scheduled to hold a hearing to focus on Antisemitism in Higher Education. At the witness table will be the President of Columbia University Dr. Nemat...more
4/17/2024
/ Bias ,
Civil Rights Act ,
Colleges ,
Colombia ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Department of Education ,
Educational Institutions ,
Investigations ,
OCR ,
Title VI ,
Universities
Last week, senior Department of Justice leadership announced new policies and programs intended to further its “carrot and sticks” approach to corporate criminal enforcement, which has borne fruit with twice as many voluntary...more
3/14/2024
/ Artificial Intelligence ,
CFTC ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
FinCEN ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
The Employee Retention Credit (ERC) is a refundable tax credit for businesses whose employees were impacted by the COVID-19 Pandemic. The provisions are set out in § 2301 of the CARES Act and § 3111 of the Internal Revenue...more
3/7/2024
/ Audits ,
CARES Act ,
Cooperation ,
Coronavirus/COVID-19 ,
Criminal Investigations ,
Deadlines ,
Employee Retention ,
Fraud ,
Internal Revenue Code (IRC) ,
Investigations ,
IRS ,
Tax Credits ,
Tax Relief ,
Voluntary Disclosure
On December 14, 2023, the United States House and Senate passed the National Defense Authorization Act (NDAA), which included the Foreign Extortion Prevention Act (FEPA). This bipartisan legislation, which Senator Sheldon...more
As previously reported, the Department of Justice (DOJ) has announced comprehensive corporate criminal enforcement policy changes utilizing both “carrots” and “sticks” to encourage companies to voluntarily self-disclose...more
Over the last two years, the Department of Justice (DOJ) has announced numerous policy changes on corporate criminal enforcement policies, which were largely based on a self-described “carrot and sticks” approach (“a mix of...more
10/6/2023
/ Acquisitions ,
Antitrust Division ,
Compliance ,
Cooperation ,
Corporate Crimes ,
Corporate Misconduct ,
Declination ,
Department of Justice (DOJ) ,
Enforcement ,
Mergers ,
Policy Statement ,
Safe Harbors ,
Voluntary Disclosure
Join our panel of distinguished attorneys from across the globe to explore how attorney-client privileged communications and work product protections are defined and applied across jurisdictions.
Panelists from the United...more
9/26/2023
/ Attorney-Client Privilege ,
Best Practices ,
Client Communication ,
Continuing Legal Education ,
Cross-Border ,
EU ,
France ,
Germany ,
Italy ,
Law Firm Associates ,
Law Firm Partners ,
UK ,
Webinars ,
Work-Product Doctrine
Two recent Foreign Corrupt Practices Act (FCPA) actions – a Department of Justice (DOJ) Opinion letter and an SEC settlement – underscore key diligence questions that legal and compliance departments should address when...more
9/11/2023
/ Civil Monetary Penalty ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disgorgement ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Meal and Entertainment Expenditures ,
New Regulations ,
Opinion Letter ,
Pre-Judgment Interest ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Travel Expenses
Recently, Womble Bond Dickinson held its First Annual Health Care Fraud Symposium, a webinar designed to discuss critical healthcare fraud topics. WBD Partner Joe Whitley moderated a discussion with WBD attorneys Luke Cass,...more
4/13/2023
/ Antitrust Investigations ,
Antitrust Provisions ,
Compliance ,
Coronavirus/COVID-19 ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Priorities ,
False Claims Act (FCA) ,
Federal Sentencing Guidelines ,
Fraud ,
Genetic Testing ,
Health Care Providers ,
Healthcare Fraud ,
Kickbacks ,
Law Enforcement ,
Regulatory Agencies ,
Safe Harbors ,
Telehealth ,
White Collar Crimes
On February 22, 2023, the U.S. Department of Justice (DOJ) announced and implemented a new Voluntary Self-Disclosure Policy specific to the 93 United States Attorney’s Offices (USAOs) throughout the nation. Before...more
The Monaco memo’s imposition of CCO certification in DOJ investigations has, reasonably, been a major anxiety-inducer for compliance professionals. And while DOJ officials have said the requirement is designed to “empower”...more
Health Care fraud is a growing national issue. The National Heath Care Anti-Fraud Association estimates that health care fraud costs the nation about $68 billion annually — about 3 percent of the nation's $2.26 trillion in...more
2/22/2023
/ Antitrust Division ,
C-Suite Executives ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Investigation Demand ,
Continuing Legal Education ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
False Claims Act (FCA) ,
Health Care Providers ,
Health Clinics ,
Healthcare Facilities ,
Healthcare Fraud ,
Hospitals ,
Laboratories ,
OIG ,
Pharmaceutical Industry ,
Pharmacies ,
Pharmacist ,
Physicians ,
Popular ,
Skilled Nursing Facility ,
Subpoenas ,
Training ,
Webinars
On January 17, the Antitrust Division of the Department of Justice announced that it had obtained another in a recent string of guilty pleas as a result of investigations into government contracting by the Procurement...more
1/20/2023
/ Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Biden Administration ,
Criminal Convictions ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
Ethics ,
Executive Orders ,
FBI ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Suspensions & Debarments
The Department of Justice (DOJ) has been touting revisions to its corporate criminal enforcement policies and signaling increased action for nearly a year. Yesterday, Deputy Attorney General Lisa O. Monaco formally announced...more
9/19/2022
/ Compliance ,
Corporate Counsel ,
Corporate Culture ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Foreign Corrupt Practices Act (FCPA) ,
Individual Accountability ,
Personal Liability ,
Voluntary Disclosure ,
White Collar Crimes
On March 3, 2022, at the 37th Annual American Bar Association Criminal Justice Section National Institute on White Collar Crime in San Francisco, Attorney General Merrick B. Garland emphasized that “the prosecution of...more
3/11/2022
/ Antitrust Violations ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
CFTC ,
Compliance ,
Corporate Misconduct ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Environmental Crimes ,
Foreign Corrupt Practices Act (FCPA) ,
IRS ,
Merrick Garland ,
Personal Liability ,
Securities Fraud ,
White Collar Crimes
At the 36th Annual American Bar Association National Institute on White Collar Conference on October 28, 2021, Deputy Attorney General Lisa Monaco announced significant changes to Department of Justice policies on corporate...more
Takeaways:
..In recent remarks, top DOJ officials stated that DOJ will “surge resources” and “redouble efforts” for corporate enforcement.
..Areas of particular concern include Foreign Corrupt Practices Act,...more
11/4/2021
/ Anti-Corruption ,
Benchmark Pricing ,
Biden Administration ,
Chief Compliance Officers ,
Compliance ,
Cooperation ,
Cybersecurity ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement ,
Federal Contractors ,
Financial Fraud ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Government Investigations ,
Price Manipulation ,
White Collar Crimes
Investigators with the U.S. Department of Justice reportedly are investigating energy pricing benchmarks published by Platts, targeting suspected manipulation of deal prices provided by individual traders.
According to...more
10/6/2021
/ Benchmark Pricing ,
Commodities Traders ,
Compliance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Fraud ,
Government Investigations ,
Libor ,
Market Manipulation ,
Oil Prices ,
Price Manipulation ,
Racketeering ,
Risk Management ,
S&P ,
Traders
On June 3 of this year, the Biden Administration made plain its commitment to fighting corruption around the world, releasing a document identifying the fight against corruption “as an economic and national security priority”...more
8/25/2021
/ Anti-Corruption ,
Biden Administration ,
Blocked Person ,
Compliance ,
Corporate Transparency Act ,
Cross-Border Transactions ,
Enforcement ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Entities ,
Foreign Official ,
Internal Controls ,
Latin America ,
National Security ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
SDN List ,
White Collar Crimes
Highlights
- The ruling limits types of conduct that can be charged under the Computer Fraud and Abuse Act (CFAA).
- The ruling provides much-needed guidance for federal prosecutors but makes it more difficult to...more