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Criminal Convictions › Fraud and Abuse › Criminal Prosecution

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

Zuckerman Spaeder LLP

In a win for defendants, the Supreme Court limits the aggravated identity theft statute and resulting prosecutorial...

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Federal prosecutors will now be cabined in their ability to use aggravated identity theft charges to pressure defendants to plead guilty to other offenses in exchange for avoiding the two-year mandatory minimum, mandatory...more

Bradley Arant Boult Cummings LLP

Supreme Court Unanimously Reins in the Government’s Use of the Aggravated Identify Theft Statute

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In an extremely consequential decision issued last week, the United States Supreme Court reined in what the Court termed the government’s “boundless interpretation” of the aggravated identity theft statute, 18 U.S.C. § 1028A....more

Sheppard Mullin Richter & Hampton LLP

Is this “Good-Bye” to the Two Year Mandatory Minimum in Healthcare Fraud Cases?

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On June 8, 2023, the Supreme Court issued a unanimous decision holding that the aggravated identity theft statute –and its mandatory minimum of two years – is not triggered merely because someone else’s identification...more

Dorsey & Whitney LLP

OIG’s Latest Congressional Report Sees Continued Emphasis on Fraud and Abuse Enforcement

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In the final quarter of calendar year 2019, the Department of Health and Human Services Office of Inspector General (“OIG”) released its Semiannual Report to Congress (the “Report”). The Report covers the six-month period...more

Womble Bond Dickinson

Year One of Trump’s DOJ: A Closer Look at the Four Main Categories of Offenders

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As noted in the main article, four categories of offenses represent over 80% of the total national caseload: immigration, drugs, firearms, and fraud-related financial offenses. Here’s a closer look at the categorical data...more

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