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Immigration Enforcement on Worksites Newly Challenges Employers

The Trump administration has made clear its intent to increase Immigration and Customs Enforcement efforts in order to carry out mass deportations. The agency intends to employ a range of tactics, including those often...more

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends....more

Federal Grant Recipients and Applicants Face New and Increased Obligations to Disclose Potential Wrongdoing

Mandatory disclosure obligations significantly changed for federal grant recipients, sub-recipients, and applicants on October 1, 2024. The amended federal regulation establishing these mandatory disclosures (2 C.F.R. §...more

“No Good Deed Goes Unpunished”: 11th Circuit Criticizes Government’s Failure to Exercise Prosecutorial Discretion 

The phrase “no good deed goes unpunished” represents the figurative irony that results when one seeking to help gets penalized instead. United States v. Moore, a recent decision from the 11th Circuit Court of Appeals,...more

DOJ Implements New Whistleblower Reward Program

Companies who submit healthcare claims to private payors, provide financial services to customers, interact with domestic or foreign public officials, or otherwise operate in highly regulated industries should take note that...more

Sentencing Commission Rejects Actual Versus Intended Loss Distinction

The U.S. Sentencing Guidelines play an enormous role in federal sentencing. While courts are not required to follow the guidelines, the guidelines remain the starting point for determining a defendant’s ultimate sentence. For...more

The Power of the Sentencing Disparity Argument and Using the Judicial Sentencing Information Platform to Make One

At last week’s sentencing of Binance CEO Changpeng Zhao, the government recommended a 36-month prison sentence. Despite the serious nature of Zhao’s crimes – failing to maintain an effective anti-money laundering program,...more

DOJ Takes the Next Step in Its Effort to Increase Voluntary Self-Disclosures By Incentivizing Those Complicit in Wrongdoing

On April 15, the U.S. Department of Justice released The Criminal Division’s Pilot Program on Voluntary Self-Disclosures for Individuals (the “Pilot”) designed to encourage individuals to report certain types of criminal...more

“Take Me to the Pilot” – DOJ Announces Plan to Entice Self-Disclosures of Government Contract Fraud

On April 15, the U.S. Department of Justice released The Criminal Division’s Pilot Program on Voluntary Self-Disclosures for Individuals (the Pilot) designed to encourage individuals to report certain types of criminal...more

The defense of involvement — as opposed to advice — of counsel

In its traditional form, the advice of counsel defense can validate conduct that might otherwise be considered criminal. But invocation carries a steep cost: The defendant must waive his privilege with the lawyer who gave the...more

Menendez Bribery Trial Offers Chance to Revisit ‘Dual Intent’

New Jersey Sen. Robert Menendez (D), his wife, Nadine, and two businessmen are scheduled to face trial on bribery charges on May 6. They’ll become the latest example where the dual intent, or mixed motive, concept turns the...more

Making the Pitch for a Civil Resolution in a Criminal Case

Last month, special counsel Robert Hur issued a report detailing his reasons for declining to charge President Joe Biden for retaining classified documents from Biden's time as vice president. Regardless of one's views on its...more

False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department...more

Are the Corporate Transparency Act’s Criminal Provisions a Positive Development?

When the Corporate Transparency Act took effect earlier this month, most commentary rightly focused on the obligations it imposed and the measures necessary to comply with its terms. As part of that analysis, commentators...more

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