Two recent Foreign Corrupt Practices Act (FCPA) actions – a Department of Justice (DOJ) Opinion letter and an SEC settlement – underscore key diligence questions that legal and compliance departments should address when...more
9/11/2023
/ Civil Monetary Penalty ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disgorgement ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Meal and Entertainment Expenditures ,
New Regulations ,
Opinion Letter ,
Pre-Judgment Interest ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Travel Expenses
Recently, Womble Bond Dickinson held its First Annual Health Care Fraud Symposium, a webinar designed to discuss critical healthcare fraud topics. WBD Partner Joe Whitley moderated a discussion with WBD attorneys Luke Cass,...more
4/13/2023
/ Antitrust Investigations ,
Antitrust Provisions ,
Compliance ,
Coronavirus/COVID-19 ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Priorities ,
False Claims Act (FCA) ,
Federal Sentencing Guidelines ,
Fraud ,
Genetic Testing ,
Health Care Providers ,
Healthcare Fraud ,
Kickbacks ,
Law Enforcement ,
Regulatory Agencies ,
Safe Harbors ,
Telehealth ,
White Collar Crimes
On February 22, 2023, the U.S. Department of Justice (DOJ) announced and implemented a new Voluntary Self-Disclosure Policy specific to the 93 United States Attorney’s Offices (USAOs) throughout the nation. Before...more
The Monaco memo’s imposition of CCO certification in DOJ investigations has, reasonably, been a major anxiety-inducer for compliance professionals. And while DOJ officials have said the requirement is designed to “empower”...more
Health Care fraud is a growing national issue. The National Heath Care Anti-Fraud Association estimates that health care fraud costs the nation about $68 billion annually — about 3 percent of the nation's $2.26 trillion in...more
2/22/2023
/ Antitrust Division ,
C-Suite Executives ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Investigation Demand ,
Continuing Legal Education ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
False Claims Act (FCA) ,
Health Care Providers ,
Health Clinics ,
Healthcare Facilities ,
Healthcare Fraud ,
Hospitals ,
Laboratories ,
OIG ,
Pharmaceutical Industry ,
Pharmacies ,
Pharmacist ,
Physicians ,
Popular ,
Skilled Nursing Facility ,
Subpoenas ,
Training ,
Webinars
On January 17, the Antitrust Division of the Department of Justice announced that it had obtained another in a recent string of guilty pleas as a result of investigations into government contracting by the Procurement...more
1/20/2023
/ Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Biden Administration ,
Criminal Convictions ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
Ethics ,
Executive Orders ,
FBI ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Suspensions & Debarments
The Department of Justice (DOJ) has been touting revisions to its corporate criminal enforcement policies and signaling increased action for nearly a year. Yesterday, Deputy Attorney General Lisa O. Monaco formally announced...more
9/19/2022
/ Compliance ,
Corporate Counsel ,
Corporate Culture ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Foreign Corrupt Practices Act (FCPA) ,
Individual Accountability ,
Personal Liability ,
Voluntary Disclosure ,
White Collar Crimes
On March 3, 2022, at the 37th Annual American Bar Association Criminal Justice Section National Institute on White Collar Crime in San Francisco, Attorney General Merrick B. Garland emphasized that “the prosecution of...more
3/11/2022
/ Antitrust Violations ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
CFTC ,
Compliance ,
Corporate Misconduct ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Environmental Crimes ,
Foreign Corrupt Practices Act (FCPA) ,
IRS ,
Merrick Garland ,
Personal Liability ,
Securities Fraud ,
White Collar Crimes
At the 36th Annual American Bar Association National Institute on White Collar Conference on October 28, 2021, Deputy Attorney General Lisa Monaco announced significant changes to Department of Justice policies on corporate...more
Takeaways:
..In recent remarks, top DOJ officials stated that DOJ will “surge resources” and “redouble efforts” for corporate enforcement.
..Areas of particular concern include Foreign Corrupt Practices Act,...more
11/4/2021
/ Anti-Corruption ,
Benchmark Pricing ,
Biden Administration ,
Chief Compliance Officers ,
Compliance ,
Cooperation ,
Cybersecurity ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement ,
Federal Contractors ,
Financial Fraud ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Government Investigations ,
Price Manipulation ,
White Collar Crimes
Investigators with the U.S. Department of Justice reportedly are investigating energy pricing benchmarks published by Platts, targeting suspected manipulation of deal prices provided by individual traders.
According to...more
10/6/2021
/ Benchmark Pricing ,
Commodities Traders ,
Compliance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Fraud ,
Government Investigations ,
Libor ,
Market Manipulation ,
Oil Prices ,
Price Manipulation ,
Racketeering ,
Risk Management ,
S&P ,
Traders
On June 3 of this year, the Biden Administration made plain its commitment to fighting corruption around the world, releasing a document identifying the fight against corruption “as an economic and national security priority”...more
8/25/2021
/ Anti-Corruption ,
Biden Administration ,
Blocked Person ,
Compliance ,
Corporate Transparency Act ,
Cross-Border Transactions ,
Enforcement ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Entities ,
Foreign Official ,
Internal Controls ,
Latin America ,
National Security ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
SDN List ,
White Collar Crimes
Highlights
- The ruling limits types of conduct that can be charged under the Computer Fraud and Abuse Act (CFAA).
- The ruling provides much-needed guidance for federal prosecutors but makes it more difficult to...more