News & Analysis as of

Criminal Convictions

Hendershot Cowart P.C.

EKRA Gets Its Second Major Court Test: What the Schena Decision Means for Lab Marketing and Sales Compensation

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On July, 11, 2025, the Ninth Circuit Court of Appeals affirmed laboratory operator Mark Schena’s conviction under Eliminating Kickbacks in Recovery Act (EKRA). This is the first time a higher court has addressed the lab...more

Hogan Lovells

First conviction of (former) member of German parliament under Section 108e German Criminal Code – Legal risks of political...

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In a judgment of 30 July 2025, the Higher Regional Court of Munich sentenced a former member of the Bundestag to a suspended sentence of nine months and a fine of EUR 10,000 for bribery of Council of Europe parliamentarians...more

BakerHostetler

Weekly Blockchain Blog - August 2025 #2

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Traditional and Digital Asset Companies Announce New Products, Acquisitions - In a recent press release, a global payments technology company announced expanded support for stablecoin- and blockchain-based settlement...more

King & Spalding

Ninth Circuit Decision Clarifies EKRA Enforcement

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On July 11, 2025, the Ninth Circuit issued a decision clarifying the scope of Eliminating Kickbacks in Recovery Act (EKRA). In affirming a Northern California-based medical testing laboratory’s convictions under EKRA, the...more

Venable LLP

EKRA Has Teeth: Ninth Circuit Upholds Lab Operator’s Criminal Conviction for Paying Marketers for Referrals

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In a matter of first impression, the Ninth Circuit Court of Appeals interpreted the scope of the 2018 Eliminating Kickbacks in Recovery Act (EKRA) in the context of a lab operator who allegedly paid marketers to induce...more

Jackson Walker

Fifth Circuit Criminal Opinions: Insights and Analyses Part V

Jackson Walker on

Hi all. Below is the June edition of the Fifth Circuit criminal and civil case summaries, with a special focus on cases of interest to white-collar practitioners. In June, the Fifth Circuit considered a number of Bruen-based...more

Troutman Amin LLP

CALLIER CLASS KILLER: Callier Deemed Atypical to Represent Class– And Everyone He Has Sued in a Class Action Should Take Note

Troutman Amin LLP on

So Brandon Callier was just deemed insufficient to represent TCPA class members– an that’s a huge deal for anyone who is facing Callier class litigation. The case is Morales v. Sunpath, 2025 WL 2020053 (D. De. July 11, 2025)....more

Holland & Knight LLP

Podcast - “I Lied Like a Dog!”

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the critical issue of false testimony and its damaging effects on the justice system. Centered on the case of...more

Littler

News of an Employee’s Arrest or Pending Criminal Charges Poses a Dilemma for California Employers

Littler on

Every day, the press reports on arrests for one reason or another in California and other states. Many of those arrested have jobs. In turn, the employers of the arrestees in California are confronted with a dilemma: on the...more

BakerHostetler

In Case of First Impression, Looking to AKS Precedent, Ninth Circuit Affirms EKRA Conviction for Improper Payments to Marketers

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In one of the few prosecutions based on the Eliminating Kickbacks in Recovery Act (EKRA), and in an even rarer Court of Appeals opinion interpreting the statute, the Ninth Circuit in United States v. Schena, No. 23-2989, 2025...more

Mintz - Health Care Viewpoints

Ninth Circuit Court of Appeals Affirms EKRA Conviction for Lab Operator and Provides Insight into Key Provisions

On July 11, 2025, the Ninth Circuit Court of Appeals affirmed the criminal conviction of laboratory operator Mark Schena for violations of the Eliminating Kickbacks in Recovery Act, 18 U.S.C. § 220 (EKRA) based on...more

Troutman Pepper Locke

New York AG Intensifies Investigation and Enforcement Against Alleged Medicaid Fraud

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On June 30, 2025, New York Attorney General (AG) Letitia James announced new lawsuits, criminal charges, and settlements with 25 New York transportation companies related to alleged schemes to defraud Medicaid of millions....more

Polsinelli

EKRA Gets Teeth: Ninth Circuit Strengthens EKRA Enforcement in Schena Ruling

Polsinelli on

Key Takeaways - First Appellate Interpretation of EKRA: The Ninth Circuit’s decision in United States v. Schena marks the first appellate court interpretation of the Eliminating Kickbacks in Recovery Act (EKRA), affirming...more

Jones Day

Drop a Dime, Get a Dollar: DOJ's Antitrust Division and U.S. Postal Service Unveil Whistleblower Program

Jones Day on

On July 8, 2025, the Department of Justice ("DOJ") and the U.S. Postal Service ("USPS") announced a Whistleblower Rewards Program that will provide financial incentives to individuals who report antitrust crimes and related...more

WilmerHale

Second Circuit Decision Clarifies Scope of Honest Services Wire Fraud Statute

WilmerHale on

On July 2, 2025, the U.S. Court of Appeals for the Second Circuit ruled in United States v. Lopez that foreign commercial bribery schemes fall within the ambit of the honest services wire fraud statute, 18 U.S.C. §...more

Warner Norcross + Judd

Appeals Court Clarifies Limits on Deportation Following Denaturalization for Fraud

On June 11, the U.S. Court of Appeals for the Sixth Circuit vacated a removal order, holding that a naturalized U.S. citizen could not be deported following denaturalization for fraud, where he failed to disclose a recent...more

Dorsey & Whitney LLP

The Supreme Court Update - July 3, 2025

Dorsey & Whitney LLP on

The Supreme Court of the United States granted certiorari in five cases today: Little v. Hecox; West Virginia v. B.P.J., Nos. 24-38, 24-43: These two cases will address whether states may prohibit transgender women and...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2025

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A Raleigh basketball scout and life coach was sentenced to six years in prison for his role in a COVID-19 fraud scheme, federal prosecutors said Monday....more

Saul Ewing LLP

The JustPod: Volunteering for the Death Penalty: Our Discussion with Award-Winning Journalist Gianna Toboni and Her Debut Book...

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The JustPod is a podcast of the American Bar Association's Criminal Justice Section, hosted by Justin Danilewitz and Geonard Butler. This episode features a discussion with Award-Winning Journalist Gianna Toboni about her...more

Fisher Phillips

Federal Appeals Court Upholds Criminal Convictions After OSHA Inspection: What Employers Must Know to Avoid Jail Time

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A federal court of appeals just upheld the convictions of two workplace managers after an OSHA inspection quickly evolved into a criminal prosecution. The U.S. Court of Appeals for the 7th Circuit offered a stark warning to...more

Troutman Pepper Locke

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

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On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department...more

Venable LLP

Venue Fatal in Crypto Fraud Case: An Important Legal Challenge Relating to Decentralized Platforms

Venable LLP on

On May 23, 2025, the District Court for the Southern District of New York (SDNY) overturned a jury verdict against Mango Markets trader Avraham Eisenberg, granting a motion for judgment of acquittal based on venue...more

Saul Ewing LLP

The JustPod: Defending the "Evil Genius:" A Conversation with Leonard Ambrose

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The JustPod is a podcast of the American Bar Association's Criminal Justice Section, hosted by Justin Danilewitz and Geonard Butler. This episode features a discussion with Leonard Ambrose about his representation of the...more

Troutman Pepper Locke

Arizona AG Secures More Than $30M in Restitution After Obtaining Criminal Conviction in Health Care Fraud Scheme

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On May 8, the Superior Court of Arizona in Maricopa County ordered a health care company to pay more than $30 million in restitution to the Arizona Health Care Cost Containment System (AHCCCS) due to the company’s alleged...more

Zuckerman Spaeder LLP

Understanding the Second Chance Amendment Act: A Guide for D.C. Practitioners on Expungement and Record-Sealing

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The Second Chance Amendment Act, D.C.’s new expungement and record-sealing law, went into effect on March 1, 2025.1 This Act provides significant improvements, as D.C.’s prior regime was uniquely complex and restrictive....more

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