On April 5, the U.S. Treasury Department's Office of Foreign Assets Control (“OFAC”) in the U.S. Department of the Treasury named Genesis Market to OFAC’s Specially Designated Nationals List (“SDN List”). Genesis Market is...more
4/27/2023
/ Cryptocurrency ,
Cyber Crimes ,
Cyber Threats ,
Dark Web ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
FBI ,
FinCEN ,
Office of Foreign Assets Control (OFAC) ,
Online Platforms ,
Russia ,
SDN List ,
U.S. Treasury
On March 2, 2023, in remarks delivered at the American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco announced a new policy creating incentives for companies to adopt...more
3/6/2023
/ Clawbacks ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Electronic Communications ,
Executive Compensation ,
Export Controls ,
Federal Pilot Programs ,
Incentives ,
Monaco Memo ,
National Security ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
For nearly 50 years, the Antitrust Division of the United States Department of Justice (DOJ) has brought federal criminal charges only for allegations of illegal coordinated behavior among competitors in violation of...more
12/15/2022
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Cartels ,
Competition ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Indictments ,
Monopolization ,
Sherman Act
On January 12, 2021, the Eastern District of California entered into a civil settlement with a Paycheck Protection Program (“PPP”) borrower and its CEO to resolve allegations of fraud. The settlement stemmed from a $350,000...more
1/15/2021
/ CARES Act ,
Chapter 11 ,
Commercial Bankruptcy ,
Criminal Prosecution ,
Enforcement Actions ,
False Claims Act (FCA) ,
FIRREA ,
Fraud ,
Paycheck Protection Program (PPP) ,
Qui Tam ,
Settlement
While COVID-19 has forced the closure of schools across the country, the United States Department of Education (“ED”) has issued much-anticipated rule that will impose significant new obligations for schools - in particular,...more
5/12/2020
/ Colleges ,
Dear Colleague Letter ,
Department of Education ,
Educational Institutions ,
Gender-Based Violence ,
Investigations ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
As the public health and economic responses to COVID-19 dominate the headlines and traditional government enforcement actions slow, anticipate a significant increase in government enforcement actions, internal investigations...more
On March 25, 2020, the U.S. Senate passed a $2 trillion federal stimulus package (the largest in U.S. history) by an historic 96-0 vote. The Bill now goes to the U.S. House of Representatives (vote expected Friday, March 27)...more
The Justice Department announced this week the formation of a new Procurement Collusion Strike Force, which will focus on “deterring, detecting, investigating and prosecuting antitrust crimes, such as bid-rigging conspiracies...more
11/7/2019
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Department of Justice (DOJ) ,
Federal Acquisition Regulations (FAR) ,
Federal Agency Taskforce ,
Federal Contractors ,
Federal Procurement Systems ,
Fraud ,
Leniency Programs ,
Strategic Enforcement Plan ,
Subcontractors ,
Teaming Agreements
An effective antitrust compliance program is more valuable than ever, now that the Department of Justice has confirmed that such a program will influence government charging and sentencing decisions.
On July 11, 2019,...more
The United States Department of Justice this month released a revised and consolidated set of guidelines for determining cooperation credit for organizations facing exposure under the False Claims Act. The consolidated...more
This month the Department of Justice brought a “first of its kind” action against two pharmacies, their owner, and three pharmacists for allegedly dispensing and billing Medicare for prescriptions in violation of both the...more
The Justice Department announced in a recent press release that it obtained more than $2.8 billion in settlements and judgments from cases involving fraud and false claims against the government. The vast majority of this...more
President Donald Trump’s nominee for Attorney General, William Barr, is in the news for a June 2018 memo to top Justice Department officials criticizing special counsel Robert Mueller’s obstruction-of-justice investigation. ...more
For most individuals and organizations, it does not get much worse than the threat of a criminal conviction. But for recipients of Federal funds—whether providers, grantees, or contractors—a federal criminal conviction is...more
9/25/2018
/ Collateral Estoppel ,
Criminal Prosecution ,
Estoppel ,
False Claims Act (FCA) ,
Federal Funding ,
Federal Grants ,
Plea Agreements ,
SBIRs ,
STTR ,
Suspensions & Debarments ,
Wire Fraud
In recent weeks, the United States Department of Justice (“DOJ”) issued two memoranda that might change the calculus of False Claims Act (“FCA”) cases. The memoranda at a minimum provide organizations with new—or at least...more
Institutions and organizations are increasingly expected to conduct a thorough, neutral investigation of allegations of impropriety, misuse of authority, and sexual harassment, among many other issues. No organization, public...more
The Internet has not only become a backbone for social and business commerce, but, it has become a vehicle to pursue nefarious purposes. Law enforcement and intelligence agencies, believing that material evidence is located...more
The United States Department of Justice (“DOJ”) published an Interim Final Rule on June 30th nearly doubling the per-claim civil penalties for violations of a number of laws, including the False Claims Act (FCA), the Program...more
Last week the Supreme Court in Luis v. United States, No. 14-419, 578 U.S. __ (2016) limited the government’s reach to freeze a criminal defendant’s assets before trial or other judicial proceedings. Justice Breyer, writing...more
A recent case illustrates both the ongoing corruption risks for U.S. companies doing business in developing countries such as China and the Government’s tougher stance on settling white collar crime cases. In this case, the...more
2/24/2016
/ China ,
Cooperation ,
Corporate Counsel ,
Corruption ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
Meals-Gifts-and Entertainment Rules ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes ,
Yates Memorandum
Last fall, Deputy Attorney General Sally Yates announced (Yates memo) that the DOJ would require businesses to share all relevant facts about individuals when disclosing misconduct to be entitled to cooperation credit. The...more
On February 12, 2016, the Centers for Medicare & Medicaid Services (CMS) published its final rule regulating how healthcare providers must report and return overpayments. This rule implements the Affordable Care Act’s...more
A recently proposed amendment to the Federal Acquisition Regulation precludes Federal contractors from entering into a confidentiality agreement with an employee or subcontractor that “prohibit[s] or otherwise restrict[s]”...more