As for the Judiciary, the U.S. Supreme Court did not issue any relevant decisions nor grant certiorari in any notable FCA cases in FY21. To the contrary, they denied petitions to review appellate cases of potential...more
2/11/2022
/ Appeals ,
Corporate Misconduct ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Excessive Fines Clause ,
False Claims Act (FCA) ,
Fraud ,
Good Cause ,
Healthcare Fraud ,
Motion to Dismiss ,
Public Disclosure ,
Qui Tam ,
Scienter ,
SCOTUS ,
Standard of Review ,
Whistleblowers
Worth the Wait? DOJ finally released its Fraud Statistics for FY 2021 and announced the “second largest amount recorded” since 1986: FCPA Settlement and judgment exceed $5.6 billion...more
2/11/2022
/ Corporate Misconduct ,
Corruption ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Healthcare Fraud ,
Qui Tam ,
Regulatory Violations ,
Whistleblowers ,
White Collar Crimes
As we look past the Herbalife FCPA settlement with DOJ and the SEC for $123 million to resolve FCPA bribery and books and records violations, we are reminded of the variety of foreign government touchpoints and FCPA risks....more
9/10/2020
/ Books & Records ,
Bribery ,
China ,
Compliance ,
Corruption ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Herbalife ,
Popular ,
Risk Mitigation ,
White Collar Crimes
Jessica Sanderson, Of Counsel at The Volkov Law Group rejoins us for her annual review of False Claims Act enforcement.
2020 marks the 150th anniversary of the Department of Justice (“DOJ”), and it unwrapped a nice gift:...more
1/27/2020
/ Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
FHA Loans ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
HUD ,
Motion to Dismiss ,
Physicians ,
Procurement Guidelines ,
Qui Tam ,
Statute of Limitations ,
Tolling ,
Whistleblowers
On June 21, 2019, OFAC changed its requirements for reporting on blocked or rejected transactions under 31 C.F.R. §501.604. With little fanfare, the interim rule published in the Federal Register greatly expands the...more