Criminal Prosecution, Criminal Convictions, Fraud and Abuse

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

Venable LLP on 8/1/2025

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

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

Zuckerman Spaeder LLP on 6/21/2023

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

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

Bradley Arant Boult Cummings LLP on 6/13/2023

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

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

Sheppard Mullin Richter & Hampton LLP on 6/12/2023

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

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

Dorsey & Whitney LLP on 1/16/2020

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

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

Womble Bond Dickinson on 8/9/2019

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