The U.S. Department of Justice is recasting the False Claims Act as a civil rights enforcement tool—putting federal fund recipients on notice that false compliance certifications may now trigger FCA liability....more
The Court will decide whether the government can dismiss qui tam actions after initially declining to intervene and what standard courts should apply to the government’s dismissal request.
The Supreme Court agreed to...more
After four years of decreased white collar enforcement activity, the Biden DOJ has announced several key policy changes designed to crack down on corporate misconduct: What companies need to know and how they can...more
DOJ settlement signals need for enhanced False Claims Act scrutiny.
Private funds continue to face heightened secondary liability risks arising from their portfolio investments....more
10/3/2019
/ Compliance ,
D&O Insurance ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Independent Directors ,
Internal Controls ,
Kickbacks ,
Pensions ,
Pharmacies ,
Portfolio Companies ,
Private Equity Firms ,
Private Investment Funds ,
Risk Management ,
Settlement ,
Strategic Enforcement Plan ,
Vicarious Liability
On April 5, 2016, the Department of Justice unveiled a one-year pilot program designed to encourage companies to self-report violations of the Foreign Corrupt Practices Act (the FCPA). Built upon the Department’s September 9,...more
4/15/2016
/ Bribery ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
Federal Sentencing Guidelines ,
Foreign Corrupt Practices Act (FCPA) ,
Individual Accountability ,
Internal Investigations ,
Remediation ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes ,
Yates Memorandum
On September 9, 2015, Deputy Attorney General Sally Quillian Yates introduced a new policy aimed at aggressively prosecuting individuals for white-collar crimes. A product of a DOJ working group that started under former...more
Potential fraud and abuse in the Medicare Advantage Program (“MA Program”) has become the focus of two senior-ranking Senators on each side of the aisle—Chuck Grassley (R-Iowa) and Claire McCaskill (D-Mo.)—and this attention...more