On August 25, 2023, the Third Circuit continued its trend of rulings unfavorable to FCA healthcare defendants in the latest appeal of U.S. ex rel. Druding et al. v. Care…
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On Friday, July 21, 2023, DOJ announced it has reached a $377,453,150 settlement with Booz Allen Hamilton Holding Corporation (Booz Allen), the parent company of Booz Allen Hamilton, Inc., the…

SCOTUS to Decide Constitutional Fate of SEC’s In-House Courts
The U.S. Supreme Court will decide whether the Securities and Exchange Commission’s (SEC) in-house enforcement proceedings violate the Constitution, teeing up a decision that could curtail securities law enforcement and…

Seventh Circuit Requires Proof in FCA Suits That False Statement in Mortgage Insurance Application Caused Subsequent Default
In its June 14, 2023, decision in United States ex rel. Michelle Calderon v. Carrington Mortgage Services, LLC, No. 22-1553, 2023 WL 3991013, (7th Cir. 2023), the Seventh Circuit…
Last week, the Sixth Circuit and Supreme Court issued opinions on criminal law that could affect trial and sentencing strategy for white collar defendants in regulated industries.
District court discretion…

Supreme Court Affirms Government Dismissal Power — Subject to Minor Limits — in FCA Qui Tam Cases
On June 16, 2023, the Supreme Court in United States ex rel. Polanksy v. Executive Health Resources, affirmed the Third Circuit’s deferential standard regarding the government’s ability to dismiss…

SuperValu: Supreme Court Clarifies FCA’s State-of-Mind Requirement
On June 1, 2023, in U.S. ex rel. Schutte v. SuperValu Inc., the Supreme Court clarified the state-of-mind (or “scienter”) standard under the False Claims Act (FCA), holding that…

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

Philips Agrees to Pay $62M to Settle FCPA Books-and-Records Violations from Efforts to Win Chinese Contracts
Koninklijke Philips N.V., a global medical technology manufacturer, recently agreed to pay over $62 million to resolve a Foreign Corrupt Practices Act (FCPA) enforcement action with the Securities and Exchange…

Supreme Court Tosses NY Corruption Convictions, Signaling Skepticism with Government’s Theories of Liability – Part 2
Recently, the Supreme Court of the United States tossed the convictions of two defendants found guilty of public corruption charges during former New York Gov. Andrew Cuomo’s term. The opinions…
About the Government Enforcement & Investigations Team
Bradley’s Government Enforcement and Investigations Practice Group represents companies and individuals in a range of government and internal investigations, regulatory inquiries, white-collar criminal defense matters, compliance issues, civil litigation, and enforcement actions.