Searching Content indexed under White Collar Crime, Anti-Corruption & Fraud by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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CMS Finalizes Rule Expanding Its Authority To Deny And Revoke Medicare Program Enrollment, Among Other Changes
On September 5, 2019, the Centers for Medicare and Medicaid Services ("CMS") released a final rule with comment period entitled, "Program Integrity Enhancements to the Provider Enrollment Process"
United States
13 Sep 2019
The Military Health Care Fraud And Abuse Prevention Program: The Department Of Defense Issues Proposed Regulations Regarding TRICARE And Civil Monetary Penalties
The U.S. Department of Defense ("DOD") claims that fraud and abuse is inhibiting the ability of the Defense Health Agency ("DHA"), the agency responsible for administering TRICARE,
United States
20 May 2019
United States Supreme Court Holds That Knowing Dissemination Of False Statements Made By Others Can Constitute Primary "Scheme Liability" In Violation Of Rule 10b-5(a) And (c)
In Lorenzo v. Securities & Exchange Comm., No. 17-1077, 2019 WL 1369839, the Supreme Court of the United States held that an individual who did not "make" a false or misleading statement within the meaning...
United States
12 Apr 2019
"Nanny" Government Rebuffed In Prosecution Of Former Barclays Trader
Once again, the Department of Justice's (DOJ) efforts to hold a trader accountable for misrepresentations made during negotiations met with stiff resistance from the courts.
United States
10 Apr 2019
Ninth Circuit Holds That Statutes Do Not Constitute "Rules Or Regulations Of The SEC" For Purposes Of Sarbanes-Oxley Act Whistleblower Claims
In Wadler v. Bio-Rad Laboratories, Inc., No. 17-16193, 2019 WL 924827 (9th Cir. Feb. 26, 2019), the United States Court of Appeals for the Ninth Circuit held that statutes ...
United States
13 Mar 2019
Fool Me Twice…SEC's Latest Cyber-Fraud ROI Indicates Future Enforcement Against Hacker Victims
In the aftermath of the Securities and Exchange Commission's ("SEC") latest Report of Investigation ("Report") regarding cyberattacks via "spoofed or manipulated electronic communications."
United States
3 Dec 2018
Kickbacks Aren't Illegal Just For Federal Health Care Programs In Recently Enacted SUPPORT Act: New Compliance Concerns For Physician-Owned Laboratories
On October 24, 2018, President Trump signed the "Substance Use Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act" or the "SUPPORT for Patients and Communities Act" into law ...
United States
12 Nov 2018
New Law Allows Consumers Concerned About Identity Theft To Place Free Credit Freezes And Fraud Alerts
The Federal Trade Commission has announced that, beginning today, consumers concerned about identity theft or data breaches can place credit freezes and one year fraud alerts with the three nationwide credit bureaus for free.
United States
26 Sep 2018
Unixiz Settles COPPA Allegations With NJ AG
Unixiz, operator of the i-Dressup site, reached an agreement with the New Jersey Attorney General to settle charges that the company had violated the Children's Online Privacy Protection Act and the New Jersey's Consumer Fraud Act.
United States
2 Sep 2018
New York Court Of Appeals Rules That Civil Securities Fraud Claims Brought Under Martin Act Are Subject To Three-Year Statute Of Limitations
The Court's decision narrows the window of opportunity to assert civil securities fraud claims under the Martin Act's more forgiving standard.
United States
19 Jul 2018
What Have We Learned About False Claims Act Litigation In The Two Years Since Universal Health Services, Inc. V. United States Ex Rel. Escobar? Quite A Lot, Actually
Summer is almost here. For some, that means planning vacations to the beach, hitting the gym to shed that winter weight, or perhaps hitting the golf course—but for us at the Sheppard Mullin ...
United States
8 May 2018
In Case Alleging Nationwide Pharmacy Fraud, Kmart Scores Narrow Settlement
As described in an April 17, 2018 article originally posted on the Sheppard Mullin Richter and Hampton, LLP False Claims Act Defense Blog, Kmart Corporation and the U.S. Department of Justice entered into a False Claims Act settlement agreement dated March 8, 2018, to end an investigation that was conducted jointly by the United States Attorney's Office for the Eastern District of California and California's Bureau of Medicaid Fraud and Elder Abuse.
United States
27 Apr 2018
Healthcare Industry Beware: The Use Of Statistical Sampling To Establish Damages And Liability Under The False Claims Act Remains A Viable Option For Plaintiffs
The False Claims Act contains numerous requirements that are designed to prevent meritless cases from proceeding to discovery and trial.
United States
15 Mar 2018
NY/NJ Port Authority Implements New FCA Policy
On January 17, 2018, the New York/New Jersey Port Authority enacted its own vigorous False Claims Policy that punishes contractors who intentionally make material false statements...
United States
2 Mar 2018
Temporal Proximity Is Not Enough: Third Circuit Nixes FCA/Anti-Kickback Suit For Failure To Link Alleged Scheme To Claims
On January 19, 2018, the United States Court of Appeals for the Third Circuit affirmed a district court's ruling granting summary judgment to a specialty pharmacy that was accused of violating the Anti-Kickback Statute and the federal False Claims Act (United States ex rel. Greenfield v. Medco Health Solutions, Inc. et al., No. 17-1152.).
United States
12 Feb 2018
Escobar's Demanding Materiality Standard Nixes $350 Million Verdict Against Florida Nursing Facility
A Florida federal court threw out a $350 million jury verdict against a nursing facility, citing the Supreme Court's landmark decision in Universal Health Services, Inc. v. United States ex rel. Escobar.
United States
6 Feb 2018
"Brand Memo" Prohibits US DOJ From Converting Agency Guidance Into Binding Legal Obligations In Civil Enforcement Actions
On January 25, 2018, Associate Attorney General Rachel Brand issued a memorandum (the "Brand Memo") limiting the use of agency guidance documents in affirmative civil enforcement cases.
United States
31 Jan 2018
The 2017 Department Of Justice False Claims Act Recovery Statistics:
In a year when the Department of Justice recovers $2.5 billion from the healthcare industry in False Claim Act judgements and settlements, can there really be a silver lining?
United States
23 Jan 2018
Presumption Of Declination With Voluntary Disclosure, Cooperation, And Remediation Of FCPA Violations
Deputy Attorney General Rod J. Rosenstein recently announced a revision to the U.S. Department of Justice ("DOJ") policy on corporate enforcement of the Foreign Corrupt Practices Act ("FCPA").
United States
15 Jan 2018
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