News & Analysis as of

White Collar Crimes Corruption False Claims Act (FCA)

Seyfarth Shaw LLP

The False Claims Act Comes to Britain? Preparing for the ‘Failure to Prevent Fraud’ Offence

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In just a few months, the UK’s corporate criminal liability offence of Failure to Prevent Fraud (FTPF) comes into force. Modelled on the framework of the Failure to Prevent Bribery offence, FTPF imposes strict liability on...more

Husch Blackwell LLP

False Claims Act Insights - Some FCA Whistles Are Louder Than Others

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Host Jonathan Porter welcomes Abe Souza, a new member of Husch Blackwell’s White Collar, Internal Investigations, & Compliance team, to the podcast to discuss newly released Department of Justice data regarding qui tam...more

Bradley Arant Boult Cummings LLP

DOJ Reports Substantial Procurement Fraud Recoveries in FY 2024

The Department of Justice (DOJ) recently announced that it obtained more than $2.9 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending Sept. 30, 2024. DOJ reports that matters that...more

Holland & Knight LLP

Ringing the (Jingle) Bell: Whistleblower Program 2024 Recap

Holland & Knight LLP on

Whistleblower programs are the gifts that keep giving to enforcement agencies, driving a record number of cases, sanctions and awards across multiple agencies. In this ninth installment of Season's Readings, we revisit some...more

Vinson & Elkins LLP

Supreme Court Declines to Revisit Limitations on Anti-Kickback Statute: What This Means for Enforcement of Corruption, Kickbacks...

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On October 7, 2024, the U.S. Supreme Court declined to hear a case concerning the “willfulness” element of the Anti-Kickback Statute (the “AKS”). This decision leaves intact a recent Second Circuit holding, which established...more

Morrison & Foerster LLP

Corporate Whistleblower Awards Pilot Program

On August 1, 2024, Deputy Attorney General Lisa Monaco announced the launch of DOJ’s Corporate Whistleblower Awards Pilot Program (Pilot Program). The Pilot Program, previewed by Monaco in March 2024, provides another avenue...more

Mayer Brown

US Department of Justice Announces Sprint Towards New Whistleblower Reward Program

Mayer Brown on

On March 7, 2024, the Deputy Attorney General of the US Department of Justice (“DOJ” or “Department”) announced a pilot program to encourage whistleblowers to report evidence of high-priority white collar crimes with the...more

Mintz

EnforceMintz — DOJ’s Efforts in 2023 to Incentivize Voluntary Self-Disclosure

Mintz on

2023 was a very active one for Department of Justice (DOJ or the “Department”) guidance, and that guidance had one clear theme: DOJ wants companies to voluntarily self-disclose their misconduct. To incentivize...more

Troutman Pepper Locke

Recent Fraud Settlements: DOJ Values Voluntary Self-Disclosure and Corporate Cooperation

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The Department of Justice’s (DOJ) conduct since announcing its February 22, 2023, Voluntary Self Disclosure (VSD) policy, demonstrates that the government continues to place a premium on corporate cooperation in both criminal...more

Nelson Mullins Riley & Scarborough LLP

DOJ Releases Civil Fraud Recovery Statistics for 2022

Last week the Department of Justice (DOJ) issued its annual report of civil fraud recoveries and statistics under the civil False Claims Act (FCA). The Report can be found, and the accompanying DOJ Press Release can be found....more

The Volkov Law Group

Bribery in the Pharmaceutical Industry — Avanir Pharma

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We always focus on foreign bribery — the FCPA and corporate bribery of foreign officials.  It is certainly a problem that undermines economic development and human rights. ...more

The Volkov Law Group

2021 False Claims Act Year in Review: Enforcement Statistics (Part I of II)

The Volkov Law Group on

Worth the Wait? DOJ finally released its Fraud Statistics for FY 2021 and announced the “second largest amount recorded” since 1986: FCPA Settlement and judgment exceed $5.6 billion...more

The Volkov Law Group

Bioventus Agrees to Pay $3.6 Million to Settle False Claims Act Violations

The Volkov Law Group on

The False Claims Act is a powerful tool for government prosecutors to use against healthcare providers, and drug and device companies.  The Trump Administration used the False Claims Act to attack the opioid industry and rein...more

Orrick, Herrington & Sutcliffe LLP

The False Claims Act: The Circuit Splits You Might Want To Be Aware Given The Growing Consensus That There Will Be An Increase In...

There is a growing consensus that False Claims Act (“FCA”) filings will increase in light of the vast sums of government money entering the economic bloodstream. Whistleblowers will be on the lookout for what is predicted to...more

Morgan Lewis

Protecting Your Investment: Insights For 2020

Morgan Lewis on

Investors and investment managers around the globe are seeing increasing rules and regulations on how they can deploy their money, how they can advertise their services, and how they have to report to regulators. ...more

Polsinelli

DOJ’s False Claims Act Recoveries Rise to More Than $3 Billion in FY2019, With Continued Emphasis on Health Care Fraud Cases

Polsinelli on

On January 9, 2020, the Civil Division of the U.S. Department of Justice (DOJ) announced that it recovered over $3 billion from civil False Claims Act (FCA) judgments and settlements in the fiscal year ending September 30,...more

The Volkov Law Group

Avanir Pharmaceuticals Pays More than $108 Million to Settle Kickback Violations

The Volkov Law Group on

Just to repeat myself – pharmaceutical and medical device firms face extraordinary risks of enforcement under the False Claims Act.  While everyone likes to write and focus on FCPA or anti-corruption risks for global drug and...more

Polsinelli

DOJ Implements Formal Policies for Cooperation Credit in False Claims Act Cases

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Last month, Polsinelli highlighted a recent update to the Department of Justice (DOJ) Evaluation of Corporate Compliance Programs, which detailed how DOJ will evaluate the effectiveness of corporate compliance programs in the...more

The Volkov Law Group

Pharmaceutical and Medical Device Company Payments to Healthcare Professionals (Part II of III)

The Volkov Law Group on

Given the significant risks posed by transfers of money and other items of value to physicians, pharmaceutical and medical device companies have to implement appropriate controls governing such payments. ...more

The Volkov Law Group

False Claims Act 2018 Year in Review – Making Sense of the DOJ Fraud Statistics

The Volkov Law Group on

On December 21, 2018, the Department of Justice (“DOJ”) released its Fraud statistics showing $2.8 billion recovery under the False Claims Act (“FCA”) for 2018. ...more

Troutman Pepper Locke

DOJ as Your Ally: Government Weighs In on Patient Support Services Kickback Claims

Troutman Pepper Locke on

On December 17, the U.S. Department of Justice, in an unprecedented application of its statutory authority under section 3730(c)(2)(A) of the False Claims Act, moved to dismiss 11 qui tam complaints pending in district courts...more

The Volkov Law Group

DaVita Medical Pays $270 million to Settle False Claims Act Case

The Volkov Law Group on

I have a tendency to sound like a “broken record” (an odd phrase in these days of digital music). The government’s most powerful enforcement tool continues to be – drumroll please, the False Claims Act. ...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

An overview of last Friday’s jobs report, which saw the US adding fewer jobs than expected but also tracked a welcomed increase in wages for the least-educated workers....more

Cadwalader, Wickersham & Taft LLP

White Collar Crime Law Enforcement in a Trump Justice Department - 8 Predictions

After a conventional presidential campaign, determining the policy priorities and direction of the incoming administration with respect to the Justice Department’s white collar law enforcement responsibilities can be a...more

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