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For insights into how Foreign Corrupt Practices Act (FCPA)
enforcement is creeping into the pharmaceutical and medical device
manufacturer arena, see this
article, which I co-authored with
Paul Pelletier, former principal deputy chief of the Criminal
Division's Fraud Section at the Department of Justice (DOJ). It
discusses how DOJ is now using "letters of inquiry" and
other informal practices to get pharmaceutical companies to report
their knowledge of their competitors' fraudulent activities to
the government as a condition of resolving an investigation.
On March 26th, a few days before the article published, another
device manufacturer, Biomet, Inc., announced that it entered into a new Deferred Prosecution Agreement (DPA) and
accompanying settlements with DOJ and the Securities and Exchange
Commission. Coupled with the DPAs DOJ entered into with Johnson & Johnson in April 2011 and Smith & Nephew in February 2012, this
announcement signals the fact that DOJ apparenlty is looking beyond
United States' boundaries for health care fraud enforcement
opportunities.
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In United States v. Westerfield, 2013 WL 1405881 (7th Cir., Apr. 9, 2013), an Illinois lawyer, Lorie Westerfield, who worked for a title company, was charged with facilitating fraudulent real estate transfers in a mortgage fraud scheme.
The U.S. Securities and Exchange Commission and the U.S. Department of Justice joined with French enforcement authorities to announce charges against French-based oil and gas company Total S.A.
The First Circuit has become the fourth federal court of appeals to address whether a first-filed yet insufficient complaint still qualifies as a pending action under the first-to-file rule of the False Claims Act.
Recently appointed Securities and Exchange Commission (SEC) Chairman Mary Jo White recently testified before a House subcommittee about the SEC's budget.
We wrote in February about the issue pending before the United States Supreme Court in Missouri v. McNeely: whether police can dispense with a search warrant and draw blood from an individual suspected of driving while intoxicated.
On May 7, 2013, the U.S. Attorney's Office for the Southern District of New York unsealed extraordinary criminal charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan government official for engaging in a "Massive International Bribery Scheme".
