Mondaq USA: Criminal Law > White Collar Crime, Bribery & Fraud
Sheppard Mullin Richter & Hampton
Recent activities of the Department of Justice ("DOJ") and Qui Tam whistleblowers reveal that Medicare Advantage Plans remain at the forefront of investigations for violations of the federal False Claim Act...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Our colleague Rebecca Zeidel just published a terrific blog posting on the U.S. Supreme Court's recent decision in Kokesh v. SEC, in which the Court imposed a five-year statute of limitations on ...
Lewis Brisbois Bisgaard & Smith LLP
In a Press Release issued on June 6, 2017, Secretary of Labor Alexander Acosta announced the Department of Labor's (DOL) aggressive plan of action to combat visa program fraud and abuse.
Orrick
Melinda Haag, leader of Orrick's Global Litigation Business Unit and former U.S. Attorney for the Northern District of California, recently appeared on KQED News to discuss former FBI Director...
Milbank, Tweed, Hadley & McCloy LLP
Last week, the United States Supreme Court limited the US Securities and Exchange Commission's (SEC) power to seek disgorgement for violations of federal securities law
Jones Day
The HITECH Act established financial incentives under Medicare and Medicaid for eligible health care providers that adopt, implement, and demonstrate use of certified EHR technologies...
Carlton Fields
On June 5, the United States Supreme Court issued a unanimous opinion in Honeycutt v. United States, narrowing the scope of federal criminal asset forfeiture for drug offenses.
Thompson Coburn LLP
On Thurs., June 1, the Justice Department entered into a plea agreement with a trader named David Liew, publicly revealing the existence of the third-ever criminal spoofing case, which had been filed under seal on Jan. 3.
Troutman Sanders LLP
On June 5, 2017, the U.S. Supreme Court ("Supreme Court") held that 28 U.S.C. § 2462's ("Section 2462") five-year limitations period for the enforcement of penalties applies to claims for disgorgement...
BakerHostetler
The Supreme Court held unanimously last week in Kokesh v. Securities and Exchange Commission, No. 16—529 (2017), that the SEC's often used disgorgement remedy was a penalty subject to,,,
McGuireWoods LLP
After discovering the losses, InComm sought coverage from Great American under its policy's computer fraud provision.
Jones Day
The U.S. Court of Appeals for the Eleventh Circuit held that the False Claims Act's intent requirement can be met even if the underlying regulation that the defendant allegedly violated is ambiguous.
McDermott Will & Emery
On May 31, 2017, the US Department of Justice announced a Settlement Agreement under which eClinicalWorks, a vendor of electronic health record software, agreed to pay $155 million and...
Holland & Knight
A recent appellate court ruling governing all federal court cases in Florida, Georgia and Alabama establishes that a defendant in a False Claims Act (FCA) case cannot rely on a defense...
Kramer Levin Naftalis & Frankel LLP
This alert examines the Supreme Court rulings in Kokesh v. SEC and Honeycutt v. United States, which sharply curtail the scope of financial sanctions available in civil securities enforcement...
Foley & Lardner
As we have previously chronicled, the STOCK Act explicitly applies federal insider trading laws to congressional members and staffers.
Akin Gump Strauss Hauer & Feld LLP
Supreme Court unanimously holds that disgorgement is a "penalty" within the meaning of 28 U.S.C. § 2462, and thus subject to a five-year statute of limitations.
Akin Gump Strauss Hauer & Feld LLP
On June 5, 2017, the U.S. Supreme Court, in Kokesh v. SEC, unanimously held that the SEC cannot seek disgorgement of unjust profits obtained outside of the five-year statute of limitations...
Dentons
For decades, the US Securities and Exchange Commission (SEC) has wielded a powerful weapon in its ability to obtain disgorgement orders to recoup any ill-gotten gains traceable to alleged...
Cadwalader, Wickersham & Taft LLP
In Kokesh v. Securities and Exchange Commission ("Kokesh"), the Supreme Court held that a five-year statute of limitations applies to claims for the disgorgement of ill-gotten gains obtained...
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Akin Gump Strauss Hauer & Feld LLP
On December 27, 2016, the U.S. Court of Appeals for the 10th Circuit ruled 2­1 that the SEC's process for hiring administrative­-law judges violates the Appointments Clause of the U.S. Constitution.
McDermott Will & Emery
On April 11, 2017, the US District Court for the District of Oregon sided with the Oregon Health and Sciences University (OHSU), finding that as an arm of the state...
Akin Gump Strauss Hauer & Feld LLP
Read the latest edition of Red Notice, a monthly update on global investigations and prosecutions that cross multiple jurisdictions. Red Notice focuses on developments related to anticorruption...
Morrison & Foerster LLP
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month...
Ropes & Gray LLP
The DOJ enacted the Pilot Program in early 2016. It was part of a long running effort by the DOJ to provide more transparency and consistency into how it addresses, investigates and resolves cases.
Arnold & Porter Kaye Scholer LLP
Against this landscape, we summarize below some recent significant decisions regarding FCA actions premised on risk minimization or benefit overstatement.
Dickinson Wright PLLC
Overpayments to healthcare providers receiving Medicare reimbursements are at risk of civil and criminal enforcement action if not attuned to a particular reimbursement rule and diligent...
Pryor Cashman LLP
On June 5, 2017, the U.S. Supreme Court issued a unanimous opinion holding that disgorgement imposed by the SEC is a "penalty" subject to a five-year statute of limitations.
Day Pitney LLP
Massachusetts-based electronic health records (EHR) vendor eClinicalWorks (ECW) and several of its employees will pay nearly $155 million to settle allegations that it violated federal law...
Arnold & Porter Kaye Scholer LLP
On June 5, 2017, the United States Supreme Court unanimously held in Kokesh v. SEC that a five-year limitations period applies to disgorgement claims brought by the United States SEC...
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