The Defense Logistics Agency (DLA), is cracking down on procurement fraud and contract fraud. It has recently issued multiple referrals for suspension or debarment, and it is targeting not only prime vendors, but...more
5/21/2025
/ Administrative Procedure Act ,
Compliance ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Distributors ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Government Agencies ,
Manufacturers ,
Risk Management ,
Subcontractors ,
Suspensions & Debarments
A couple of recent large-scale enforcement actions suggest that the U.S. Department of Justice (DOJ) may be placing increased emphasis on targeting black market prescription drug diversion. This is when pharmaceutical...more
3/5/2025
/ DEA ,
Department of Justice (DOJ) ,
Distributors ,
Enforcement Actions ,
Healthcare Fraud ,
Medicaid ,
Medicare ,
Pharmaceutical Industry ,
Pharmacies ,
Prescription Drugs ,
White Collar Crimes
The federal government is continuing to rely heavily on whistleblowers in 2024. While there are now several federal whistleblower programs, the qui tam provisions of the False Claims Act remain among the government’s most...more
There are many junctures in the U.S. healthcare system that enable fraudulent activities, and one of the biggest has to do with pharmaceutical companies. The U.S. Food and Drug Administration (FDA) and the Department of...more
4/2/2024
/ Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Fraud ,
Manufacturers ,
Medical Devices ,
Pharmaceutical Industry ,
Prescription Drugs ,
Section 340B ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers ,
White Collar Crimes
Promoting securities, cryptocurrency, and other investment opportunities is fraught with legal risks. Individuals who engage in promotional activities must ensure that they have a clear understanding of the federal laws and...more
12/13/2023
/ Advertising ,
Brokers ,
Celebrities ,
Compliance ,
Criminal Prosecution ,
Cryptoassets ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Endorsements ,
Financial Industry Regulatory Authority (FINRA) ,
Investment ,
Marketing ,
Regulatory Standards ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Stock Promoters
A whistleblower action under the federal False Claims Act (31 U.S.C. §§ 3729 et seq.) against a U.S. pharmaceutical company has settled for an amount that can be as high as $50 million. The incident highlights the value and...more
Before filing a criminal or civil action under the False Claims Act, or FCA (31 U.S.C. § 3729), the United States Department of Justice (DOJ) can start with a civil investigative demand or CID. Similar to subpoenas, Civil...more
On May 11, 2023, the U.S. Department of Justice (DOJ) announced the launch of its Puerto Rico and U.S. Virgin Islands (USVI) Environmental Crimes Task Force. This new task force will focus specifically on combating...more
6/14/2023
/ Air Pollution ,
Chemical Spills ,
Criminal Liability ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Departments of Commerce ,
Enforcement Priorities ,
Environmental Crimes ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
FQPA ,
Fraud Abuse and Waste ,
Hazardous Substances ,
Marine Life Protections ,
Natural Resources ,
Navigable Waters ,
Oil Spills ,
Public Corruption ,
Puerto Rico ,
Virgin Islands ,
Water Pollution ,
Wetlands ,
Wildlife Protection
Similar to other types of healthcare entities, clinical laboratories have been facing enhanced scrutiny from federal authorities over the past couple of years. While this is due in part to fraud concerns related to COVID-19...more
3/8/2023
/ Anti-Kickback Statute ,
Civil Liability ,
Clinical Laboratories ,
Clinical Laboratory Testing ,
Coronavirus/COVID-19 ,
Criminal Liability ,
Defense Strategies ,
Department of Justice (DOJ) ,
Evidence ,
False Billing ,
FBI ,
Health Care Providers ,
Healthcare Fraud ,
Internal Audit Functions ,
Investigations ,
Risk Assessment
The U.S. Department of Justice (DOJ) has recently taken a renewed interest in management services organizations (MSOs), including physician-syndicated MSOs in which physician-owners provide medical services in exchange for...more
Allegations of unauthorized trading claims present significant risks for investment brokers and brokerage firms. In addition to investor arbitration with the Financial Industry Regulatory Authority (FINRA), brokers and...more
1/3/2023
/ Broker-Dealer ,
Conflicts of Interest ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Duty of Care ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Fraud ,
Investors ,
Policies and Procedures ,
Regulation Best Interest ,
Regulation BI ,
Rule 10b-5 ,
Securities and Exchange Commission (SEC) ,
Securities Transactions ,
Unauthorized Transactions
The Foreign Corrupt Practices Act (FCPA) (15 U.S.C. § 78dd-1 et seq.) is a federal anti-bribery law that makes it unlawful for certain people to pay foreign government officials in order to conduct business abroad. While it...more
11/23/2022
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
Corruption ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Audit Functions ,
Risk Management ,
Securities and Exchange Commission (SEC)
The U.S. Department of Justice’s (DOJ) Consumer Protection Branch works with other branches and federal law enforcement agencies to investigate and prosecute civil and criminal violations of the nation’s consumer protection...more
10/6/2022
/ Consumer Fraud ,
Consumer Protection Laws ,
Criminal Conspiracy ,
Criminal Investigations ,
Criminal Prosecution ,
Defense Strategies ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Elder Abuse ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Guilty Pleas ,
Healthcare Fraud ,
Mail Fraud ,
Wire Fraud
A civil investigative demand (CID) is a powerful law enforcement tool that federal agencies including the U.S. Department of Justice (DOJ) use during the early stages of civil investigations into potential violations of the...more
Federal criminal cases can broadly be divided into four phases: (i) the government’s investigation, (ii) grand jury proceedings, (iii) pretrial practice, and (iv) trial. The empanelment of a grand jury is a critical juncture,...more
8/2/2022
/ Attorney-Client Privilege ,
Criminal Convictions ,
Criminal Investigations ,
Criminal Prosecution ,
Defense Strategies ,
Department of Justice (DOJ) ,
Grand Juries ,
Guilty Pleas ,
Indictments ,
Motion to Dismiss ,
Motions to Quash ,
Self-Incrimination ,
Subpoenas
Yesterday, the U.S. Department of Justice (DOJ) announced that it has filed charges against 36 defendants in relation to an alleged health care fraud scheme that resulted in approximately $1.2 billion in fraudulent payments....more
7/21/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FBI ,
Health Care Providers ,
Healthcare Fraud ,
Kickbacks ,
Medicare ,
Medicare Beneficiaries ,
Physician Medicare Reimbursements ,
Physicians ,
Telehealth ,
Telemarketing ,
Telemedicine
Civil investigative demands (CIDs) are powerful investigative tools that federal agencies use to gather information in support of a broad range of charges. Identifying the federal agencies that issued a civil investigative...more
7/12/2022
/ Attorney-Client Privilege ,
Civil Investigation Demand ,
Consumer Financial Protection Bureau (CFPB) ,
Cooperation ,
Defense Strategies ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Litigation Hold ,
Meet and Confer ,
Motions to Quash ,
Privileged Documents
On June 27, 2022, the U.S. Supreme Court issued an important decision for doctors who have been convicted of violating the federal Controlled Substances Act in connection with the nation’s opioid crisis. In Ruan v. United...more
7/5/2022
/ Burden of Proof ,
Controlled Substances ,
Controlled Substances Act ,
Criminal Convictions ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Health Care Providers ,
Opioid ,
Pharmaceutical Industry ,
Prescribing Authority ,
Prescription Drugs ,
Ruan v United States ,
SCOTUS
When current or former employees or clients blow the whistle on alleged corporate wrongdoing, it can create the potential for significant legal liability. It can even create the possibility of criminal charges being...more
The Internal Revenue Service’s Criminal Investigation Division (IRS CI) is targeting tax preparers or the ones who prepare tax returns in 2022. IRS CI is focusing its efforts on tax preparers who underreport their clients’...more
6/1/2022
/ Criminal Investigations ,
Criminal Liability ,
Defense Strategies ,
Department of Justice (DOJ) ,
Income Taxes ,
Indictments ,
Internal Revenue Code (IRC) ,
Interviews ,
IRS ,
Tax Crimes ,
Tax Fraud ,
Tax Liability ,
Tax Preparers ,
Tax Returns
Clinical laboratories have come under increased scrutiny in the past few years, especially those that deal with COVID-19 testing or drug testing.
These federal investigations can be surprising and confusing for lab...more
4/5/2022
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Liability ,
CLIA ,
Clinical Laboratories ,
Criminal Liability ,
Defense Strategies ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
FBI ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Healthcare Fraud ,
Investigations ,
OIG ,
Penalties ,
Physicians ,
Stark Law
21 U.S.C. § 331: Selling Counterfeit Drugs -
Under Section 331, it is illegal to sell counterfeit drugs in interstate commerce. Because this includes online sales, the “interstate commerce” element is very easy to...more
2/22/2022
/ Controlled Substances ,
Counterfeiting ,
Criminal Defense ,
Criminal Investigations ,
Criminal Liability ,
Criminal Penalties ,
Criminal Prosecution ,
DEA ,
Defense Strategies ,
Department of Justice (DOJ) ,
Drug Trafficking ,
False Statements ,
Food and Drug Administration (FDA) ,
Fraud ,
Interstate Commerce ,
Misleading Statements ,
Prescription Drugs
The Controlled Substances Act (“CSA”) -
The CSA (21 U.S.C. 801 et seq.) imposes a framework that regulates different categories of certain drugs that pose dependency and abuse risks to the public. The CSA applies only to...more
The United States Department of Justice (DOJ) is the federal agency tasked with enforcing a wide range of federal laws and regulations. When the DOJ suspects that an individual or business has violated a federal law or...more
The Computer Fraud and Abuse Act (CFAA), codified at 18 U.S.C. Section 1030, is one of the U.S. Department of Justice’s most potent weapons in its fight against cybercrimes. It outlines numerous offenses, and it imposes...more
9/1/2021
/ Computer Fraud and Abuse Act (CFAA) ,
Criminal Conspiracy ,
Criminal Prosecution ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Defense Strategies ,
Department of Justice (DOJ) ,
Felonies ,
Misdemeanors ,
Popular ,
Risk Mitigation ,
Unauthorized Access