Topics

Anti-Kickback Statute

DOJ's New Fraud Division Lays Out Its Enforcement Priorities: What Companies Need to KnowTexas Dental and Orthodontic Investigations Are on the RiseFirst Circuit Joins Other Circuits in Adopting Stricter Causation Standard in FCA Cases Based on Anti-Kickback Statute

Appellate Courts

Supreme Court Slaughters Humphrey’s ExecutorThe Third Circuit Joins the FCA Constitutionality DebateIncentives for Whistleblowers Remain, Even When the Government Declines a Case

Attorneys' Fees

Incentives for Whistleblowers Remain, Even When the Government Declines a CaseA Grinchmas for Relators — First Circuit Denies Relators’ Requests for Attorneys’ Fees in Case Involving Issues of First Impression

Causation

First Circuit Joins Other Circuits in Adopting Stricter Causation Standard in FCA Cases Based on Anti-Kickback StatuteDistrict of Massachusetts Split on Causation Standard in Kickback FCA CasesCircuit Split on FCA Causation Deepens with Upcoming First Circuit Ruling

CFIUS

A Thank You to Our Readers—and the Top Five Posts of 2023The RESTRICT Act: A Potential New Enforcement Tool to Address Economic and National Security Concerns Posed by Foreign Information and Communications TechnologiesCFIUS Releases First-Ever Enforcement Guidelines

Claims Management and Resolution

The Impact of Jarkesy on the Right to a Jury in Bankruptcy ProceedingsEleventh Circuit Expands Government’s Authority Under the Mandatory Victims Restitution Act to Collect Unsatisfied Restitution Obligations

Compliance

New CMS Applied Behavior Analysis Toolkit, Congressional Investigations Reflect Growing Enforcement in Autism Therapy FieldA New Era of Trade EnforcementPair of Antitrust Settlements Reveal Government Priorities

Controlled Substances Act

Healthcare Execs Face Federal Drug Charges in Landmark Telehealth CaseFollowing Doctors’ Orders: SCOTUS Prescribes Subjective Scienter to Controlled Substances Act “As Authorized” Exception

Cooperation

States Sue to Block Agencies from Adding Anti-DEI Clauses to Government ContractsSEC Charges Public Company and Executive with Disclosure FraudA Thank You to Our Readers—and the Top Five Posts of 2023

Corporate Criminal Enforcement

DOJ's New Fraud Division Lays Out Its Enforcement Priorities: What Companies Need to KnowNew DOJ Enforcement Risks Under the Trump Administration’s Campaign Against CartelsCustoms Fraud Investigations Will Be a DOJ Area of Focus

Coverage for Emerging Technologies

DOJ Expects Corporate Compliance Programs to Keep Pace with Artificial IntelligenceA Thank You to Our Readers—and the Top Five Posts of 2023The RESTRICT Act: A Potential New Enforcement Tool to Address Economic and National Security Concerns Posed by Foreign Information and Communications Technologies

Cybersecurity

Florida’s “CHINA” Prevention Unit and the Rise of State-Level China EnforcementA Growing Trend: Cybersecurity Fits the Administration’s Fraud Enforcement PrioritiesSomething Old and Something New: The False Claims Act and Cybersecurity

DOJ Announcements

DOJ's New Fraud Division Lays Out Its Enforcement Priorities: What Companies Need to KnowA New Era of Trade EnforcementPair of Antitrust Settlements Reveal Government Priorities

Enforcement

New CMS Applied Behavior Analysis Toolkit, Congressional Investigations Reflect Growing Enforcement in Autism Therapy FieldA New Era of Trade EnforcementAfter SEC Rescinds No-Deny Policy, Investment Adviser Disputes Allegations from Prior Settlement

False Claims Act

New CMS Applied Behavior Analysis Toolkit, Congressional Investigations Reflect Growing Enforcement in Autism Therapy FieldA New Era of Trade EnforcementA Growing Trend: Cybersecurity Fits the Administration’s Fraud Enforcement Priorities

FinCEN

Are the Corporate Transparency Act’s Criminal Provisions a Positive Development?Beneficial Ownership Reporting: Questions Over Meaning of “Substantial Control”

FIRREA

PPP Loan Fraud Enforcement: DOJ’s Complex Criminal Conspiracies and Civil Enforcement Actions

Government Contracts

A Growing Trend: Cybersecurity Fits the Administration’s Fraud Enforcement PrioritiesStates Sue to Block Agencies from Adding Anti-DEI Clauses to Government ContractsITAR Brokering: Two Federal Register Notices Remind Defense Contractors Not to Overlook Broker Registration

Healthcare

DOJ's New Fraud Division Lays Out Its Enforcement Priorities: What Companies Need to KnowNew CMS Applied Behavior Analysis Toolkit, Congressional Investigations Reflect Growing Enforcement in Autism Therapy FieldDOJ Announces Record Number of Defendants Charged in 2026 National Health Care Fraud Takedown

Insider Trading

SEC Enforcement in the First Quarter of the New AdministrationSecond Circuit Limits Use of Confidential Government Agency Information as Basis for Securities Fraud Prosecutions

Insurance Law Developments

Insurance May Cover Your False Claims Act Settlement

International

DOJ's New Fraud Division Lays Out Its Enforcement Priorities: What Companies Need to KnowA New Era of Trade EnforcementFlorida’s “CHINA” Prevention Unit and the Rise of State-Level China Enforcement

Investment Enforcement

After SEC Rescinds No-Deny Policy, Investment Adviser Disputes Allegations from Prior SettlementIn First Public Speech, SEC’s Director of Enforcement Sheds Light on Priorities and ProcessSEC Settles with Broker-Dealer for Policy and Procedure Violations But Walks Away From Fraud Claims

Mens Rea

Following Doctors’ Orders: SCOTUS Prescribes Subjective Scienter to Controlled Substances Act “As Authorized” Exception

Notice

ITAR Brokering: Two Federal Register Notices Remind Defense Contractors Not to Overlook Broker Registration

Pandemic Fraud

2024 False Claims Act Statistics Show More Cases Filed Than Ever BeforeHealthcare Execs Face Federal Drug Charges in Landmark Telehealth CaseCOVID-19 Fraud Enforcement Remains Priority for Federal Law Enforcement

PPP Enforcement

COVID-19 Fraud Enforcement Remains Priority for Federal Law EnforcementPPP Loan Fraud Enforcement: DOJ’s Complex Criminal Conspiracies and Civil Enforcement Actions

SEC

After SEC Rescinds No-Deny Policy, Investment Adviser Disputes Allegations from Prior SettlementThe SEC's Disgorgement Power Stays Broad (for Now)SEC Rescinds No-Deny Policy, Allowing Settling Parties to Dispute Allegations

Securities Law

After SEC Rescinds No-Deny Policy, Investment Adviser Disputes Allegations from Prior SettlementThe SEC's Disgorgement Power Stays Broad (for Now)SEC Rescinds No-Deny Policy, Allowing Settling Parties to Dispute Allegations

Supreme Court

Supreme Court Slaughters Humphrey’s ExecutorThe SEC's Disgorgement Power Stays Broad (for Now)Supreme Court Holds That Restitution Is a Criminal Penalty; Decision Portends New Constitutional Arguments

Treasury Department

OFAC Enforcement Action Against IMG Academy, LLC: Implications for Schools, Universities, and Other Academic InstitutionsTreasury Department Announces Audit of Preference-Based Contracts and Task OrdersClient Advisory: OFAC Sanctions Russian Oil Giants, Targets Energy and Military Industrial Base Under Executive Order 14024

Voluntary Self-Disclosure

Something Old and Something New: The False Claims Act and CybersecuritySEC Enforcement Leadership Discusses New Priorities and ExpectationsNew DOJ Policy Provides Greater Predictability for Voluntary Disclosure of Misconduct

White Collar Crime

Pair of Antitrust Settlements Reveal Government PrioritiesFlorida’s “CHINA” Prevention Unit and the Rise of State-Level China EnforcementThe Third Circuit Joins the FCA Constitutionality Debate