News & Analysis as of

False Claims Act (FCA) Wells Fargo

Morgan Lewis

Implications of FCA Extension to Conduct Involving Federal Reserve Bank Loans

Morgan Lewis on

The touchstone of the civil False Claims Act (FCA) is a false claim for government money or property. In most cases, the question of whether the claim—false or not—involves “government money” is easily answered. But that was...more

Dorsey & Whitney LLP

Second Circuit Holds that the FCA Applies to Regional Federal Banks

Dorsey & Whitney LLP on

On November 21, 2019, the Second Circuit held that allegedly fraudulent loan requests presented to one or more of the Federal Reserve System’s twelve Federal Reserve Banks are “claims” within the meaning of the FCA. The court...more

Foley Hoag LLP - White Collar Law &...

Second Circuit Revives False Claims Act Suit Stemming from ‘08 Crisis, Finding Federal Reserve Banks Were “Agents” of U.S.

In United States ex rel. Kraus v. Wells Fargo & Co., No. 18-1746 (2d Cir. Nov. 21, 2019), two employees of banks later acquired by Wells Fargo alleged a “pervasive pattern” of fraud in connection with the securitization and...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2018 #2

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CYBERSECURITY - Financial Conduct Authority Warns Banking Industry of ICOs and Cryptocurrency - Writing a “Dear CEO” letter to banking executives, the Financial Conduct Authority (FCA) warned executives on June 11,...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

Activist investor Carl Icahn has taken a sizeable stake in Bristol-Myers Squibb, a move that reportedly caught execs at the drugmaker unawares and sets the stage for a potential sale....more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

The bond market seems to have a pretty good guess of things to come, at least. The bond market lost more than $1 trillion in value last week, and 30-year US bond yields rose the most since January 2009—all in anticipation of...more

Robins Kaplan LLP

Your daily dose of financial news - The Brief – 7.28.16

Robins Kaplan LLP on

A pair of whistleblowers is seeking discovery-related sanctions against Wells Fargo for allegedly concealing “crucial evidence” for their False Claims Act claims over fees added to government-backed mortgages....more

Baker Donelson

In-house Bout: Company Privilege Overshadows Advice-of-Counsel Defense

Baker Donelson on

"Legal told me I could do that." This phrase is one of the more common get-out-of-jail-free cards for corporate employees whose actions subject them to civil liability. A recent shift in the law, however, has determined that...more

Bradley Arant Boult Cummings LLP

Second Circuit Rejects Broad Certification as Basis for False Claims Act Liability in Financial Industry

Today, the Second Circuit affirmed the dismissal of False Claims Act (“FCA”) claims against Wells Fargo, finding a general certification of compliance with “any laws or regulations” too broad to support an FCA action and...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations & White Collar Defense - September 2015

No Dog Days of August for the SEC—A Recap of a Busy Month - Why it matters: Who says there is a government slowdown in August? Not for the SEC. August 2015 turned out to be very busy indeed for the agency, which...more

Bradley Arant Boult Cummings LLP

False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ...more

Dechert LLP

Think the Government’s Claim Against You Is Time-Barred? Not So Fast!

Dechert LLP on

When a company understands that the United States Government may have a claim against it, the company’s directors and officers are usually very aware of the applicable statute of limitations and the passage of time. When the...more

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