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Criminal Prosecution 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

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

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

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

WilmerHale

Second Circuit Decision Clarifies Scope of Honest Services Wire Fraud Statute

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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

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

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

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

Saul Ewing LLP

The JustPod: A Discussion with Defense Counsel Rocco Cipparone and Angie Levy on January 6 Prosecutions

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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 defense counsel Rocco Cipparone and Angie Levy. ...more

BakerHostetler

The Seventh Circuit Narrows AKS Scope for 1099 Marketers and Advertisers

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On April 14, the Seventh Circuit in United States v. Sorensen issued a decision reversing a jury conviction and narrowing the scope of the Anti-Kickback Statute (AKS) as applied to marketers and advertisers....more

Kaufman & Canoles

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

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A New York federal judge has tossed several school district lawsuits seeking to void a state law banning the use of Native American team mascots and names, throwing out individual board members’ free speech claims but saying...more

Dorsey & Whitney LLP

The Supreme Court Update - March 21, 2025

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The Supreme Court of the United States issued two decisions on March 21st: Delligatti v. United States, No. 23-825: This case interprets 18 U.S.C. § 924(c), which imposes a five-year mandatory minimum sentence when a...more

ArentFox Schiff

Judge Rakoff Challenges Sentencing Guidelines: Upholding the Sixth Amendment

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On March 10, US District Judge Jed S. Rakoff of the Southern District of New York issued a decision in United States v. Tavberidze, holding that section 3E1.1(b) of the US Sentencing Guidelines, which provides a one-point...more

Offit Kurman

Top 10 Steps to Take When Your Child Has Been Charged with a Crime…What Do I Do?

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Dealing with a child's arrest can be a stressful and challenging experience for any parent. Stay Calm: It's natural to feel upset or worried, but try to remain as calm as possible. Your child needs your support and guidance...more

Holland & Knight LLP

Former MoviePass Executive Consents and Pleads Guilty in Parallel SEC and DOJ Cases

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In Hollywood, the sequel (or, even more so, the third installment) is rarely as good as the original movie. In the world of enforcement, the same rings true....more

Estlund Law, P.A.

What’s the difference between a Red Corner Notice and a Red Notice?

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What’s the difference between a Red Corner Notice and a Red Notice? Michelle Estlund knows that being wanted by INTERPOL is often frightening, isolating, and unjust. She has a proven track record of success with INTERPOL...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - Legislative Day 20 - February 2025

As both lobbyists and legal nerds, our ears perk up when the Georgia General Assembly takes up legislation that directly implicates the workings of the State’s criminal and civil justice systems. So, we’re listening closely...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 55 - The Power of the Presidential Pardon: Traditions and Turning Points

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Recent pardons issued by presidents of both major parties, wielded both to reward and protect, are unprecedented in their purposes. That’s according to Rachel Barkow, Charles Seligson Professor of Law and Faculty Director...more

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