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As we near the Thanksgiving holiday, we wanted to take a moment to thank you — our readers. Eye on Enforcement has been a fun project for the Bradley’s Government Enforcement and Investigations team. But the ultimate goal of any blog is to be read, and we’re grateful to have so many devoted readers. And if you’re a new reader or just recently found us, we’re happy you are here and hope you’ll stick around in the coming year. From developments in white-collar criminal cases to cybersecurity, from the False Claims Act to regulatory matters, and from regulated industries far and wide, Eye on Enforcement covers the land of enforcement in timely and succinct fashion. And there’s more to come: We are excited for our annual tradition, the False Claims Act Year in Review, to be published in the coming weeks and to continue our analysis of key enforcement trends in 2024.

But for now, we hope you and yours have a safe and restful holiday. As a look back on the year that’s quickly coming to a close, we have reposted a few of our favorite and most popular blog posts. We hope you enjoy them and will continue to follow us in the year to come. Happy Thanksgiving!

The RESTRICT Act: A Potential New Enforcement Tool to Address Economic and National Security Concerns Posed by Foreign Information and Communications Technologies

Concerns over the potential threat posed by information and communications technology (ICT) products and services, such as TikTok, to the United States’ economic and national security have been ruminating for some time now. To tackle that potential threat, on March 7, 2023, a bipartisan group of U.S. senators led by Sen. Mark R. Warner (D) and Sen. John Thune (R) introduced a new piece of legislation, Senate Bill 686, titled the Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act (the RESTRICT Act). The proposed legislation comes on the heels of the issuance of new guidelines by the Committee on Foreign Investment in the United States, which like the RESTRICT Act, show an increased attention to certain types of business transactions and business interests that implicate national security concerns and signal increased enforcement efforts relating to the sameContinue reading…

Supreme Court Tosses NY Corruption Convictions, Signaling Skepticism with Government’s Theories of Liability – Part 1

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, Ciminelli v. United States and Percoco v. United States, continue the Court’s recent trend of narrowing the government’s ability to prosecute defendants under outlier theories of liability for white collar crimes. In Part 1 of this two-part series, we’ll outline Ciminelli, and in Part 2, we’ll focus on Percoco and explain how the two decisions may impact strategies of both prosecutors and defense counsel alike. Continue reading…

The Zero-Point Offender Adjustment: U.S. Sentencing Commission’s Proposed Amendment Gives Some First-Time Offenders a Break

The United States Sentencing Commission recently adopted amendments to its Guidelines Manual, and they include some noteworthy changes. The proposed amendments were submitted to Congress on April 27, 2023. Absent Congressional action to the contrary, they will become effective on November 1, 2023.

Of note, the proposed amendments include the addition of Section 4C1.1 – the Zero-Point Offender Adjustment. The amendment will significantly impact how some first-time offenders are sentenced, and it could result in a flurry of post-sentencing motions for those already serving time, including many white-collar defendants. Continue reading…

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 Commission (SEC). The enforcement action – the second for the Netherlands-based company – centered on alleged violations of the FCPA’s books-and-records and internal-accounting controls provisions related to special pricing discounts that “could” foster bribery payments to Chinese government officials. Continue reading…

The George Santos Indictment: An Explainer

On Wednesday, May 10, 2023, U.S. Rep. George Santos was charged in a 13-count federal indictment in the Eastern District of New York. Elected in 2022, Rep. Santos represents New York’s 3rd Congressional District, covering the North Shore of Long Island and parts of Queens. His short tenure has already been marked by controversy, including misstatements about his background and allegations regarding his misuse of campaign funds and other financial improprieties. Continue reading…

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Photo of Ty E. Howard Ty E. Howard

Ty Howard brings the perspective of a former state and federal prosecutor to defending and counseling businesses and individuals involved in government investigations, compliance matters, False Claims Act and whistleblower cases, related business litigation, and white-collar criminal matters. As a litigator and chair…

Ty Howard brings the perspective of a former state and federal prosecutor to defending and counseling businesses and individuals involved in government investigations, compliance matters, False Claims Act and whistleblower cases, related business litigation, and white-collar criminal matters. As a litigator and chair of Bradley’s Government Enforcement and Investigations group, he works collaboratively with clients, across many industries, to find creative solutions to their compliance needs, to conduct sensitive investigations and negotiations, and—when necessary—to mount a vigorous defense.

Photo of Brad Robertson Brad Robertson

Brad Robertson works with clients facing government investigations and litigations, dealing with whistleblower allegations and qui tam actions, and planning compliance programs to prevent these occurrences in the first place. He helps his clients navigate compliance and potential liability under the False Claims…

Brad Robertson works with clients facing government investigations and litigations, dealing with whistleblower allegations and qui tam actions, and planning compliance programs to prevent these occurrences in the first place. He helps his clients navigate compliance and potential liability under the False Claims Act, Anti-Kickback Statute and FIRREA, in addition to other areas of healthcare fraud and abuse, financial/mortgage fraud, and white collar criminal law.

Photo of Jonathan H. Ferry Jonathan H. Ferry

Jon Ferry brings his substantial experience as a federal prosecutor to assisting clients in False Claims Act litigation, government investigations and other enforcement actions, internal risk analysis and internal investigations.

Jon served as Assistant U.S. Attorney for the Western District of North Carolina…

Jon Ferry brings his substantial experience as a federal prosecutor to assisting clients in False Claims Act litigation, government investigations and other enforcement actions, internal risk analysis and internal investigations.

Jon served as Assistant U.S. Attorney for the Western District of North Carolina for over seven years. As the head of the Affirmative Civil Enforcement (ACE) program and the Healthcare Fraud Coordinator for the U.S. Attorney’s Office, Jon led and supervised numerous investigations in the areas of healthcare, financial services and other complex frauds. He has significant experience with the False Claims Act and other whistleblower actions, healthcare regulations (including the Anti-Kickback Statute and Stark Law), the Food Drugs and Cosmetics Act, and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA).