How long can the government keep your property after lawfully seizing it? According to the D.C. Circuit in a recent decision, as long as the continued possession is still reasonable under the Fourth Amendment. This decision furthers a split among circuit courts and portends how the text, history, and tradition method might influence Fourth Amendment
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 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.
Ciminelli One Year Later: The Evolving Reach of the Wire Fraud Statute
The federal wire fraud statute, 18 U.S.C. § 1343, is one of the commonly used statutes in federal white-collar criminal cases. In our digital age, nearly any significant fraud or scheme could probably be charged as a wire fraud. But even expansive statutes have limits, as the Supreme Court held last year in an important…
New Health Care Monopolies and Collusion Task Force Announced
On Thursday, May 9, 2024, the Department of Justice announced the formation of a new task force to guide antitrust enforcement in the healthcare industry. The body, named the Task Force on Health Care Monopolies and Collusion (HCMC), is housed within DOJ’s Antitrust Division and directed by longtime DOJ antitrust prosecutor Katrina Rouse.
New Taskforce,
…The False Claims Act in 2023: A Year in Review
In 2023, the government and whistleblowers were party to 543 False Claims Act (FCA) settlements and judgments, the highest number of FCA settlements and judgments in a single year. As a result, collections under the FCA exceeded $2.68 billion, confirming that the FCA remains one of the government’s most important tools to root out fraud…
A Thank You to Our Readers—and the Top Five Posts of 2023
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…
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 a defendant’s subjective belief that a claim was false was sufficient to establish the FCA’s scienter element. In doing so, the Court rejected the Seventh…
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…
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…
The False Claims Act in 2022: A Year in Review
In 2022, the government continued to utilize the False Claims Act as its primary tool to combat fraud. Though the government’s recoveries at $2.2 billion were down compared to recent years, the government and whistleblowers were party to more than 350 settlements and judgments – the second-highest number of FCA settlements and judgments in a…
DOJ Settlement with Electronic Health Records Provider Highlights Risks Related to Exclusive Partnerships and Influencers
Continuing its focus on healthcare technology and electronic health records (EHR) companies, the Department of Justice announced last month a $45 million settlement to resolve a False Claims Act suit involving EHR provider Modernizing Medicine, Inc. (ModMed). The underlying complaint involved allegations in three areas that often draw government scrutiny — exclusive contracts, marketing agreements…