AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors and federal agency attorneys, has successfully represented companies and individuals, including executives of public companies, in numerous civil and criminal investigations, including before the U.S. Department of Justice and U.S. Attorney’s Offices, the SEC, the EPA, the FDA, the FTC, and many other federal and state agencies. We also assist our clients by conducting internal and parallel investigations, and advising them regarding the related issues that often follow government investigations, including civil litigation, media interest, and reputational concerns.
In this edition, we introduce our new partner Gabe Scannapieco who comes to AGG after serving for years as an assistant director in the Department of Justice’s Consumer Protection Branch; discuss a recent Third Circuit ruling directing the SEC to clarify its stance on digital assets, including cryptocurrencies and tokens; and analyze a Second Circuit anti-kickback False Claims Act case applying the “one purpose” rule.
Featured Articles
Q&A With Gabe Scannapieco: Insights From a DOJ Veteran
By Aaron M. Danzig & Gabriel H. Scannapieco
In this interview, AGG Litigation & Dispute Resolution partner Gabe Scannapieco, discusses his practice, which focuses on government investigations, white-collar defense, and commercial litigation, particularly within the healthcare, life sciences, and consumer products sectors. He highlights his experience leading high-profile cases at the Department of Justice, which he now leverages to help clients navigate complex, multi-agency investigations and regulatory challenges. He also addresses trends in healthcare fraud and life sciences enforcement, predicting continued DOJ focus in these areas.
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Court Mandates SEC to Clarify Stance on Digital Assets Amid Leadership Transition
By Allison E. Raley
On January 13, 2025, the U.S. Court of Appeals for the Third Circuit issued a pivotal ruling, directing the Securities and Exchange Commission (“SEC”) to provide a more detailed explanation for its denial of Coinbase Global Inc.’s petition seeking explicit regulatory guidelines for digital assets. This decision highlights the judiciary’s insistence on transparency and reasoned decision-making in the rapidly evolving cryptocurrency sector.
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Lowering the Bar: Second Circuit Finds “At-Least-One-Purpose” Sufficient for Proving Anti-Kickback Statute Violation
By Kara G. Silverman & Kelsey V. O'Neill
On December 27, 2024, the United States Court of Appeals for the Second Circuit joined other federal circuit courts in adopting the “at-least-one-purpose” rule (generally shortened to the “one purpose rule”). Under this rule, defendants violate the Anti-Kickback Statute (“AKS”) when at least one purpose (as opposed to the “sole” or “primary purpose”) of the alleged arrangement was to induce patient referrals, even if there were other, legitimate reasons for offering remuneration. This rule lowers the bar for proving AKS violations considerably, which in turn impacts routine business practices, and ultimately patient care.
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