News & Analysis as of

Mail Fraud

Mitchell, Williams, Selig, Gates & Woodyard,...

When The (IRS Refund) Check Isn't In the Mail

A recent spate of mail thefts has left the IRS holding the bag when taxpayer refunds have failed to reach those taxpayers. Congress has begun looking into these thefts. Some have occurred from USPS employee theft, but others...more

Dorsey & Whitney LLP

The Supreme Court Update - June 17, 2024

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Today, the Supreme Court of the United States granted certiorari in four cases: NVIDIA Corp. v. E. Ohman J:or Fonder AB, No. 23-970: This securities case addresses the Private Securities Litigation Reform Act’s (“PSLRA”)...more

ArentFox Schiff

Investigations Newsletter: District Court Declines to Stay Case Pending Resolution of FCA Causation Standard Issue Before Court of...

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District Court Declines to Stay Case Pending Resolution of FCA Causation Standard Issue Before Court of Appeals - Earlier this week, a Massachusetts federal judge denied a motion to stay proceedings filed by Medtronic,...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Holds That a Lie Must Go to the Nature of the Bargain to Support Fraud Conviction

A recent Ninth Circuit opinion instills the importance of raising an often overlooked defense in federal fraud cases: that the defendant’s misrepresentation did not affect the “nature of the bargain.” In United States v....more

ArentFox Schiff

Canadian Man Sentenced for Operating $175 Million Psychic Mass-Mailing Fraud Scheme

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Headlines that Matter for Companies and Executives in Regulated Industries- Canadian Man Sentenced for Operating $175 Million Psychic Mass-Mailing Fraud Scheme - On April 15, Patrice Runner, a Canadian and French...more

ArentFox Schiff

Investigations Newsletter: Former Healthcare Executives Convicted for Health Insurance Policy Fraud Scheme

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Former Healthcare Executives Convicted for Health Insurance Policy Fraud Scheme - Steven Dorfman, the former chief executive officer and owner of the Florida-based healthcare company Simple Health, and John Sand, a former...more

Burns & Levinson LLP

Client Alert: IRS Scam

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Recently, the Internal Revenue Service warned taxpayers about a new scam rising in popularity – mailings regarding “unclaimed refunds.” Every year, scammers think of more creative ways to trick us into unwittingly...more

Jenner & Block

Client Alert: The US Supreme Court Leads the Way in Eroding the Reach of Federal Fraud Statutes

Jenner & Block on

On May 11, 2023, the US Supreme Court issued decisions in two significant cases that will further define the future of mail and wire prosecutions, particularly in the context of public corruption: United States v. Ciminelli...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court and 1st Circuit Significantly Curtail Scope of Federal Property Fraud Statutes

Key Points- In two landmark decisions, the Supreme Court and the 1st Circuit significantly pared back the scope of the federal mail and wire fraud statutes. In Ciminelli v. United States, a political corruption case, the...more

Husch Blackwell LLP

"Varsity Blues" Reversal Demonstrates Limitations of Conspiracy Allegations

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On May 10, 2023, the First Circuit dealt a major blow to the Department of Justice’s wide-ranging "Varsity Blues" investigation by reversing convictions of two defendants. Individuals, companies, and federal contractors in...more

McCarter & English Blog: Government Contracts...

No Harm, No Fraud: The Supreme Court Narrows the Application of the Wire Fraud Statute and Unanimously Overrules the “Right to...

Most experienced contractors have a healthy fear of the various types of fraud claims: False Claims Act, federal and state wire and mail fraud, common law fraud, etc. They know that enforcement authorities are always looking...more

Blank Rome LLP

Tradition! Tradition! Tradition!: Mail and Wire Fraud Prosecution Theories Must Be Grounded in Traditional Concepts of Property

Blank Rome LLP on

What does the musical Fiddler on the Roof have to teach us about prosecuting theories of mail and wire fraud? You have to ground everything in Tradition! Tradition! Tradition! This week, the U.S. Supreme Court (“SCOTUS”)...more

Robson & Robson, P.C.

Civil RICO In Pennsylvania Business Divorce Cases: A Hammer Without A Nail?

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When legal disputes between owners of closely held companies turn the corner past “Let’s resolve this issue without litigation” and head toward “See you in court,” the owners and their lawyers typically begin jockeying for...more

Orrick, Herrington & Sutcliffe LLP

FinCEN warns financial institutions of surge in mail theft-related check fraud

On February 27, FinCEN issued an alert to financial institutions on the nationwide surge in check fraud schemes targeting the U.S. mail. Mail theft-related check fraud, FinCEN explained, generally relates to the fraudulent...more

Patton Sullivan Brodehl LLP

No RICO Standing for Cannabis LLCs

In business litigation, a plaintiff will sometimes assert a claim under the Racketeer Influenced and Corrupt Organizations Act (RICO), a federal statute at 18 U.S.C. §1961 et seq. RICO provides that it is “unlawful for any...more

Mintz - Health Care Viewpoints

Garland Memo May Provide White Collar Defendants Increased Opportunity for Negotiation While Updated Corporate Enforcement Policy...

In recent weeks, the Department of Justice has released key guidance in the form of a memorandum from Attorney General Garland regarding charging, pleas, and sentencing, in addition to an updated Corporate Enforcement Policy...more

Troutman Pepper

Mail and Wire Fraud Claims - RICO Report Podcast

Troutman Pepper on

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this installment,...more

ArentFox Schiff

Investigations Newsletter: US Supreme Court to Address FCA's Scienter Requirement in Safeway Case

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US Supreme Court to Address FCA’s Scienter Requirement in Safeway Case - The US Supreme Court granted certiorari to resolve a circuit split regarding whether a defendant “knowingly” violates the False Claims Act (FCA) if...more

ArentFox Schiff

Investigation Newsletter: Florida Doctor Receives 20-Year Prison Sentence for Substance Abuse Treatment Fraud

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Florida Doctor Receives 20-Year Prison Sentence for Substance Abuse Treatment Fraud - Following a guilty plea to conspiracy to commit health care and wire fraud, a Florida doctor was sentenced to 20 years in prison for...more

Oberheiden P.C.

Financial Crimes Compliance

Oberheiden P.C. on

Many businesses and businesspeople are exposed to potential legal liability for a wide variety of financial crimes. Minimizing financial crime risk or exposure is critical and requires strict compliance with the state and...more

Oberheiden P.C.

Recent DOJ Consumer Protection Branch Cases Highlight the Branch’s Enforcement Priorities

Oberheiden P.C. on

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

ArentFox Schiff

Investigations Newsletter: EmpiresX Head Trader Pleads Guilty to $100M Cryptocurrency Investment Fraud Scheme

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EmpiresX Head Trader Pleads Guilty to $100M Cryptocurrency Investment Fraud Scheme - On September 8, 2022, the “Head Trader” for EmpiresX, a purported cryptocurrency platform, pled guilty to one count of conspiracy to...more

Tucker Arensberg, P.C.

Third Circuit Permits Companies to Proceed on RICO Claims Against Labor Unions

On July 28, 2022, the United States Court of Appeals for the Third Circuit, in Care One Management LLC, et al. v. United Healthcare Workers East, et al., No. 19-3693, determined that healthcare companies could proceed on RICO...more

Harris Beach PLLC

Summary of Fraud and Abuse Enforcement Yields Insight for Health Care Compliance and Risk Assessment

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The following is a summary of the federal Health and Human Services agency’s Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported are based...more

ArentFox Schiff

Investigations Newsletter: Construction Company Reaches $13 Million Settlement To Resolve Kickback Allegations

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KBR Reaches $13 Million Settlement To Resolve Kickback Allegations - Kellogg Brown & Root Services Inc. and three related companies (collectively “KBR”) reached a $13.67 million settlement to resolve a suit alleging...more

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