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The Presumption of Innocence Podcast: Episode 20 - Pitfalls and Perils: Employee Retention Credit Enforcement Trends  [Audio]

With three years’ worth of legislative changes impacting the Employee Retention Credit (ERC) program, a host of complex eligibility rules and predatory third-party promoters, it’s no surprise that enforcement is on the rise...more

IRS Renews Warning on Employee Retention Credit Fraud, DOJ Files First Criminal Charges

Employers should be careful before claiming the Employee Retention Credit (ERC). Over the past several months, the Internal Revenue Service (IRS) has warned taxpayers twice about third parties who advise employers to claim...more

The Presumption of Innocence Podcast: Episode 19 - The Fifth Amendment & Its Role in Parallel Proceedings [Audio]

In this informative and engaging episode, Matt Adams, Co-Chair of Fox Rothschild’s White-Collar Criminal Defense & Regulatory Compliance Practice Group, and Jack Siegal, a partner who recently joined the firm’s Boston office,...more

DOJ Formalizes Framework for Corporate Cooperation Credit

The Department of Justice (DOJ) announced a new voluntary self-disclosure policy February 22, 2023, that sets uniform criteria for how and when prosecutors should reward corporate cooperation in criminal investigations. The...more

The Presumption of Innocence Podcast: Episode 7 - Investigative Insights: A Conversation with a Former FBI Agent [Audio]

Former FBI agent Mark Calnan, now a licensed private investigator and principal with the Forensic and Valuation Services team at Withum, takes you inside the mind of a criminal investigator, from the initiation of cases to...more

4/5/2022  /  FBI , White Collar Crimes

The Presumption of Innocence Podcast: Episode 6 - It's Never Too Soon to Think About Early Release [Audio]

While opportunities and circumstances to request compassionate release from prison grew in recent years, the COVID-19 pandemic rapidly accelerated the use of this process to ease overcrowding during the public health...more

The Presumption of Innocence Podcast: Episode 5 - Doing Business Overseas: The Foreign Corrupt Practices Act [Audio]

Dive into the history and current state of the Foreign Corrupt Practices Act with Joseph DeMaria, a Fox Rothschild partner and former federal prosecutor, and Matthew Adams, Co-Chair of the White-Collar Criminal Defense &...more

The Presumption of Innocence Podcast: Episode 4 - Understanding the Employee Retention Credit [Audio]

The Employee Retention Credit is rife with complexities and the potential for unintended fraud by employers. Matthew Adams, Co-Chair of the White-Collar Criminal Defense & Regulatory Compliance Practice Group at Fox...more

The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics [Audio]

Cell phones, tablets, laptops… your digital fingerprint can be more extensive than you realize. Dive deep into computer forensics as Lacey Walker, Jr., President of the Computer Forensics Practice LLC, and Matthew Adams,...more

The Presumption of Innocence Podcast: Episode 2 - Avoid Falling Prey: The Dirty Dozen and Other Trending Tax Scams [Audio]

With tax season upon us, taxpayers and tax professionals need to know how to avoid falling prey to fraudulent scams. In this episode of The Presumption of Innocence, Matthew Adams and Matthew Lee, Co-Chairs of Fox’s...more

Act Fast: Companies Whose PPP Loan Forgiveness Applications Are Denied Have Recourse, but Must Move Swiftly

One of the most attractive aspects of the Paycheck Protection Program loans that were included in the 2020 Coronavirus Aid, Relief and Economic Security Act (CARES Act) was an employer’s ability to apply to have its loan...more

Federal Criminal Investigations – Biden Justice Department Emphasizes Focus on Prosecuting Individual Corporate Criminal...

Recent remarks to American Bar Association’s National White Collar Criminal Defense Institute by Deputy Attorney General Lisa O. Monaco serve as a clear warning to businesses that the Biden Justice Department will demand...more

The Presumption of Innocence Podcast: Episode 1 - The Anatomy of a PPP Fraud Investigation  [Audio]

The Presumption of Innocence Podcast series is hosted by Matthew S. Adams and Matthew D. Lee, Co-Chairs of Fox Rothschild's White-Collar Criminal Defense and Regulatory Compliance Practice. In the inaugural episode, Matt is...more

Paycheck Protection Program-Related Convictions Result In Harsh Federal Prison Sentences

The U.S. Department of Justice took several victory laps this month, touting long prison sentences it has secured for COVID-19 related fraud. These prison terms send a clear message to any individual or business that...more

DOJ Intensifies Criminal Prosecutions Of Health Care Fraud Related To COVID-19

The Department of Justice (DOJ) has intensified its already aggressive crackdown on fraud related to COVID-19, recently announcing criminal charges against a telemedicine company executive, a physician, marketers and medical...more

PPP Borrowers Face Risks In Completing SBA Form 3509

The Small Business Administration is conducting inquiries into some of the loans obtained through the Paycheck Protection Program that seek details about a company’s financial status not only before the loan was requested,...more

Zeroing In: Early Trends In White-Collar Prosecutions Under Biden’s DOJ

If the Biden administration's early moves are any indicator, its Department of Justice (DOJ) is poised to devote more time and energy to the prosecution of white-collar crime than it did under the Trump administration, when...more

Predicting A Renewed Focus On White-Collar Crime Under President Biden’s DOJ

During the 2020 campaign, former President Trump frequently called himself the “law and order president.” However, based upon a review of statistics from his time in office, his attention appears to have been focused on...more

Should You Seek A Second PPP Draw If Your Company Has Ties To China?

Businesses with connections to China should proceed with caution when deciding whether to apply for funds from round two of the federal Paycheck Protection Program. New restrictions limit the eligibility of companies with...more

Will You Be Ready For A Paycheck Protection Program Audit?

The Small Business Administration (SBA) has opened the portal for applications for forgiveness of Paycheck Protection Program (PPP) loans established under the Coronavirus Aid, Relief and Economic Security Act (CARES Act)....more

COVID-19 Investigations Put Small And Midsize Businesses In Government’s Enforcement Crosshairs

With the uncertainty created by the global COVID-19 pandemic, it is hard to find anything like a sure bet. States are grappling with when to reopen, parents with school-aged children are awaiting news of when and if their...more

NJ Attorney General Launches Probe Of Nursing Homes, Residential Care Facilities

Amid pandemic-fueled allegations of misconduct, New Jersey Attorney General Gurbir S. Grewal on May 5 asked for the public’s help with investigating alleged misconduct in residential care facilities and nursing homes during...more

New Jersey Gives Sweeping Civil And Criminal Immunity To Front Line Health Care Providers Battling COVID-19

With New Jersey battling the nation’s second-highest COVID-19 infection rate, Gov. Phil Murphy signed a sweeping legislative package on April 14, 2020 offering legal protections to the health care workers and organizations...more

Carpenter May Reveal A Recipe For Defense In High Tech Criminal And Regulatory Cases

The U.S. Supreme Court has once again expanded the Fourth Amendment protections afforded to certain modern digital communications. And in doing so, the unusual five-justice majority led by Chief Justice Roberts has suggested...more

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