The U.S. Department of Justice (DOJ) filed its first major complaint-in-intervention under the False Claims Act (FCA) premised on a government contractor’s alleged cybersecurity deficiencies since the DOJ’s Civil Cyber-Fraud Initiative was launched in 2021. Its complaint accuses the Georgia Institute of Technology (Georgia Tech) of violating cybersecurity regulations while fulfilling $31 million of
Cara Rice
Cara Rice is an associate in the firm’s Government Enforcement and Investigations Practice Group. Prior to joining Bradley, Cara clerked for the Hon. William Jung of the U.S. District Court for the Middle District of Florida. She graduated Order of the Coif from Vanderbilt Law School, which she attended tuition-free as a John W. Wade scholar.
Elder Wire Fraud Scams Rising, Produce Huge Losses
As part of implementing a robust cybersecurity standard, we must understand how bad actors are intentionally targeting our older colleagues and loved ones. On April 30, 2024, the U.S. Department of Justice (DOJ) announced charges against 16 defendants in connection with a scam that defrauded hundreds of elderly Americans out of millions of dollars. Just…
Crypto Comeuppance: A Deep Dive Into the Sentencing of FTX Founder Sam Bankman-Fried
FTX founder Sam Bankman-Fried was sentenced this week to 25 years in prison for his role in an $10 billion cryptocurrency fraud, dodging the 40- to 50-year sentence requested by the government and the 110-year sentence recommended under the sentencing guidelines.
The 32-year-old former billionaire — who was convicted in November of defrauding customers and…
District of Massachusetts Split on Causation Standard in Kickback FCA Cases
The District of Massachusetts has joined the growing chorus of courts that have applied a heightened causation standard in False Claims Act (FCA) cases predicated on the Anti-Kickback Statute (AKS).
U.S. District Judge F. Dennis Saylor recently ruled that the government must show a “but for” causal connection between an AKS violation and an allegedly…
Circuit Split on FCA Causation Deepens with Upcoming First Circuit Ruling
The First Circuit will decide the causation standard required in False Claims Act (FCA) cases predicated on the Anti-Kickback Statute (AKS), deepening a circuit split on the issue and potentially teeing up Supreme Court intervention.
U.S. District Judge Nathaniel Gorton asked the First Circuit to review his recent ruling that the government need not prove…
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 broadly undermine the power of the entire administrative state.
The Supreme Court agreed last month to review a Fifth Circuit ruling that struck down the…
“Dear OIG”: The Newest Way to Attain Kickback Guidance
The Office of Inspector General (OIG) recently unveiled a quicker process to answer the healthcare industry’s most pressing questions on the Anti-Kickback Statute (AKS), allowing healthcare stakeholders to attain more timely guidance at less cost.
OIG has expanded its Frequently Asked Questions (FAQ) program to cover new topics such as AKS enforcement, civil monetary…
Senator Wants to Sharpen the FCA’s Bite, Criticizes Judges for “Activist” Rulings
Sen. Chuck Grassley (R-Iowa) recently criticized “activist judges” for rewriting the text of the False Claims Act to achieve their own policy goals, revealing plans to reintroduce legislation that would correct “unduly restrictive” interpretations of the statute and expand liability for defendants.
Grassley — who delivered his remarks in a pre-recorded keynote speech at the…
Cash Is King: DOJ Weighs New Guidance on Employee Compensation Packages
The U.S. Department of Justice is eyeing new guidance for how prosecutors should assess employee compensation packages when determining whether a company’s compliance efforts warrant favorable treatment in the resolution of criminal investigations.
Acting Principal Deputy Assistant Attorney General Nicole Argentieri said Thursday that the Criminal Division is considering new guidance that would help companies…