On March 7, at the annual American Bar Association (ABA) National Institute on White Collar Crime, US Deputy Attorney General (DAG) Lisa Monaco announced a new whistleblower program that will provide financial rewards to...more
3/19/2024
/ Attorney General ,
CFTC ,
Corporate Crimes ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Pilot Programs ,
Regulatory Agenda ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers ,
White Collar Crimes
This week, SAP SE (SAP), the German-based software company, agreed to pay over $200 million to resolve investigations by the US Department of Justice (DOJ) and US Securities and Exchange Commission (SEC) into violations of...more
1/15/2024
/ Bribery ,
Clawbacks ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Due Diligence ,
Ethics ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Instant Messaging Apps ,
Policies and Procedures ,
Political Contributions ,
Remediation ,
Risk Assessment ,
SAP SE ,
Securities and Exchange Commission (SEC) ,
Settlement
On December 21 President Biden signed the Foreign Extortion Prevention Act (FEPA) as part of the Fiscal Year 2024 National Defense Authorization Act. The legislation addresses a perceived gap in the Foreign Corrupt Practices...more
12/28/2023
/ Anti-Corruption ,
Bribery ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Due Diligence ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Investigations ,
NDAA ,
Policies and Procedures ,
Risk Assessment ,
Securities and Exchange Commission (SEC)
Recent guidance from the US Department of Justice (DOJ) reflects its continued focus on corporate compensation structures to promote compliance. In the past few months, the DOJ has entered into settlement agreements that...more
11/15/2023
/ Anti-Corruption ,
Clawbacks ,
Compensation ,
Compliance ,
Corporate Misconduct ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement ,
Foreign Corrupt Practices Act (FCPA) ,
Incentives ,
Self-Disclosure Requirements ,
Settlement
On October 4, Deputy Attorney General Lisa O. Monaco addressed the Society of Corporate Compliance and Ethics and announced a new Department-wide Mergers & Acquisition (M&A) Safe Harbor policy. According to the new policy,...more
10/17/2023
/ Acquisitions ,
Anti-Corruption ,
Compliance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Due Diligence ,
Foreign Corrupt Practices Act (FCPA) ,
Mergers ,
Safe Harbors ,
Self-Disclosure Requirements
The DOJ announced charges against 21 people across nine federal districts for their alleged role in pandemic-related fraud schemes resulting in over $149 million in false billings to federal programs. This is the largest...more
4/22/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
False Billing ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Medicare ,
Moderna Inc. ,
Political Candidates ,
Political Contributions ,
Securities Fraud ,
Vaccinations ,
Virus Testing ,
Wire Fraud
DOJ Attorneys Comment on the Rise of Telehealth Fraud During the COVID-19 Pandemic -
During the 2022 Qui Tam Conference of the Federal Bar Association, DOJ attorneys commented on the dramatic rise in the use of remote...more
2/28/2022
/ Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
GAAP ,
Healthcare Fraud ,
IRS ,
Medicare ,
Non-GAAP Financial Measures ,
Qui Tam ,
Securities and Exchange Commission (SEC) ,
Telehealth
DOJ Releases Highly Anticipated 2021 Fraud Report -
The DOJ released the Fraud Section's Year in Review for 2021 describing its 329 individual convictions, 30 trial wins, and eight corporate resolutions that yielded...more
Amec Foster Wheeler Energy Limited (the Company), a subsidiary of John Wood Group plc (Wood), a United Kingdom-based global engineering company, agreed to pay more than $41 million in penalties and disgorgement for alleged...more
7/1/2021
/ Consent Order ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Intermediaries ,
Penalties ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Third-Party Risk
Individual Prosecutions Down But Corporate Resolutions Steady for DOJ’s Fraud Section in 2020, with More in the Pipeline -
The Department of Justice’s (“DOJ”) Fraud Section recently released a year-in-review report that...more
3/8/2021
/ Bribery ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Deferred Prosecution Agreements ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
False Claims Act (FCA) ,
Final Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Healthcare Fraud ,
Opioid ,
Paycheck Protection Program (PPP)
On January 8, 2021, US authorities announced that they reached an agreement with Deutsche Bank Aktiengesellschaft (Deutsche Bank) to resolve the government’s investigation into violations of the Foreign Corrupt Practices Act...more
1/21/2021
/ Anti-Corruption ,
Commodities ,
Compensation ,
Criminal Penalties ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Deutsche Bank ,
Disgorgement ,
False Reporting ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Fraud ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Third-Party Risk
Deutsche Bank to Pay Over $130 Million to Resolve Foreign Corrupt Practices Act and Fraud Allegations -
Deutsche Bank Aktiengesellschaft (Deutsche Bank) has agreed to pay more than $130 million to resolve the government’s...more
1/18/2021
/ Accounting Controls ,
BDC ,
Bribery ,
Bristol-Myers Squibb ,
Criminal Penalties ,
Deferred Prosecution Agreements ,
Deutsche Bank ,
Disgorgement ,
Drones ,
False Claims Act (FCA) ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Healthcare Fraud ,
Kickbacks ,
Medicare ,
Money Laundering ,
Qui Tam ,
Sanofi-Aventis ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Spoofing ,
Telemedicine ,
U.S. Navy ,
Whistleblowers ,
Wire Fraud
False Claims Act Legal Developments -
First Circuit Upholds Whistleblower Retaliation Verdict -
On December 9, 2020, the US Court of Appeals for the First Circuit held as a matter of first impression that “the...more
12/21/2020
/ Anti-Corruption ,
Appeals ,
Bribery ,
Conspiracies ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Money Laundering ,
Qui Tam ,
Retaliation ,
Title VII ,
Venezuela ,
Whistleblower Protection Policies ,
Whistleblowers
Mortgage Company to Pay $24.9 Million to Resolve Alleged False Claims Act Violations -
On October 28, 2020, the Department of Justice (the “DOJ”) announced that Guild Mortgage Company (“Guild”), a California-based...more
11/2/2020
/ Anti-Bribery ,
Books & Records ,
Department of Justice (DOJ) ,
Fair Housing Act (FHA) ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
HUD ,
India ,
Internal Controls ,
Maryland ,
Money Laundering ,
Russia ,
Settlement ,
Wire Fraud
On September 29, 2020, US authorities announced that they reached an agreement with JPMorgan Chase & Co. (JPMorgan Chase) to settle criminal charges related to two distinct years-long market manipulation schemes involving...more
10/2/2020
/ CFTC ,
Compliance ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Disgorgement ,
DPA ,
FCPA Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
JPMorgan Chase ,
Market Manipulation ,
Restitution ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Spoofing ,
U.S. Treasury
Third Circuit Holds that False Claims Act First-to-File Bar is Not Jurisdictional -
On September 1, 2020, the US Court of Appeals for the Third Circuit held that the False Claims Act (FCA) first-to-file bar, 31 U.S.C. §...more
9/8/2020
/ Anti-Bribery ,
Appeals ,
Appellate Courts ,
Burden of Proof ,
Civil Forfeiture ,
Department of Justice (DOJ) ,
Embezzlement ,
Extradition ,
Failure To State A Claim ,
False Claims Act (FCA) ,
Financial Institutions ,
First-to-File ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Lobbying ,
Settlement Agreements
DOJ Issues First FCPA Advisory Opinion Since 2014 -
On August 14, the DOJ issued its first advisory opinion on the Foreign Corrupt Practices Act (FCPA) in six years. The DOJ’s opinion release process allows companies to...more
Headlines that Matter for Companies and Executives in Regulated Industries -
DOJ News -
Four Physicians Found Guilty for Role in $150 Million Medicare Fraud Scheme -
Following a four-week trial, a federal jury in...more
2/7/2020
/ Bribery ,
Criminal Conspiracy ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Drug Distribution ,
False Billing ,
Foreign Corrupt Practices Act (FCPA) ,
Guilty Pleas ,
Health Care Providers ,
Healthcare Fraud ,
ITAR ,
Medicare ,
Opioid ,
Physicians ,
Securities Fraud ,
Stocks ,
Wire Fraud
Ten Former NFL Players Charged with Defrauding League's Health Care Benefits Plan -
On December 12, the DOJ unsealed two indictments charging ten retired NFL players with defrauding the league's retiree health care...more
12/18/2019
/ Administrative Monetary Penalties ,
Athletes ,
Corporate Monitoring ,
Criminal Conspiracy ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Ericsson ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Healthcare Fraud ,
Indictments ,
IRS ,
Medical Equipment ,
NFL ,
Offshore Funds ,
Price Manipulation ,
Prison ,
Pump and Dump ,
Restitution ,
Sentencing ,
Sports ,
Tax Avoidance ,
Tax Fraud
Compound Ingredient Supplier to Pay Over $22 Million to Resolve Allegations Brought Under Qui Tam Provisions of FCA -
On November 7, 2019, the Department of Justice (DOJ) announced that Fagron Holding USA LLC (Fagron) had...more
11/18/2019
/ Alstom ,
Civil Monetary Penalty ,
Corporate Officers ,
Criminal Convictions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Healthcare Fraud ,
Insider Trading ,
Medicare ,
Qui Tam ,
TRICARE ,
Whistleblowers