Anti-Kickback Statute

State False Claims and AKS Statutes Keep Case Alive in 2nd Circuit: Underappreciated State Laws May Present Significant Compliance RiskDistrict of Massachusetts Split on Causation Standard in Kickback FCA CasesCircuit Split on FCA Causation Deepens with Upcoming First Circuit Ruling

Appellate Courts

The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment JurisprudenceSecond Circuit Limits Use of Confidential Government Agency Information as Basis for Securities Fraud Prosecutions

Attorneys' Fees

A Grinchmas for Relators — First Circuit Denies Relators’ Requests for Attorneys’ Fees in Case Involving Issues of First Impression

Causation

District of Massachusetts Split on Causation Standard in Kickback FCA CasesCircuit Split on FCA Causation Deepens with Upcoming First Circuit RulingA Sight for Sore Eyes: Sixth Circuit Rejects Government’s Expansive AKS and FCA Theories in Ophthalmologist Dispute

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

Compliance

Government Contractors Beware: DOJ Pursuing Cybersecurity Failures Under the False Claims ActFCA Settlements with Companies on Government Cybersecurity Concerns ContinueState False Claims and AKS Statutes Keep Case Alive in 2nd Circuit: Underappreciated State Laws May Present Significant Compliance Risk

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

A Thank You to Our Readers—and the Top Five Posts of 2023Philips Agrees to Pay $62M to Settle FCPA Books-and-Records Violations from Efforts to Win Chinese ContractsCash Is King: DOJ Weighs New Guidance on Employee Compensation Packages

Corporate Criminal Enforcement

DOJ Implements New Whistleblower Reward ProgramDoes Your Company Use Data Analytics in Its Anti-corruption Program? It ShouldSentencing Commission Rejects Actual Versus Intended Loss Distinction

Coverage for Emerging Technologies

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 Technologies

Cybersecurity

Government Contractors Beware: DOJ Pursuing Cybersecurity Failures Under the False Claims ActFCA Settlements with Companies on Government Cybersecurity Concerns ContinueCiminelli One Year Later: The Evolving Reach of the Wire Fraud Statute

DOJ Announcements

DOJ Implements New Whistleblower Reward ProgramNew Health Care Monopolies and Collusion Task Force AnnouncedDOJ Takes the Next Step in Its Effort to Increase Voluntary Self-Disclosures By Incentivizing Those Complicit in Wrongdoing

Enforcement

Supreme Court Holds Bribery Statute Does Not Criminalize After-the-Fact GratuitiesFCA Settlements with Companies on Government Cybersecurity Concerns ContinueCiminelli One Year Later: The Evolving Reach of the Wire Fraud Statute

False Claims Act

Government Contractors Beware: DOJ Pursuing Cybersecurity Failures Under the False Claims ActFCA Settlements with Companies on Government Cybersecurity Concerns ContinueState False Claims and AKS Statutes Keep Case Alive in 2nd Circuit: Underappreciated State Laws May Present Significant Compliance Risk

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

Government Contractors Beware: DOJ Pursuing Cybersecurity Failures Under the False Claims ActSupreme Court Holds Bribery Statute Does Not Criminalize After-the-Fact GratuitiesGovernment Contractor Booz Allen Hamilton Enters One of the Largest Procurement Fraud Settlements with DOJ over FCA Allegations

Healthcare

The Overturn of Chevron: A New Design for Healthcare LawHealthcare Execs Face Federal Drug Charges in Landmark Telehealth CaseNew Health Care Monopolies and Collusion Task Force Announced

Insider Trading

Second 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

A Thank You to Our Readers—and the Top Five Posts of 2023Philips Agrees to Pay $62M to Settle FCPA Books-and-Records Violations from Efforts to Win Chinese ContractsThe RESTRICT Act: A Potential New Enforcement Tool to Address Economic and National Security Concerns Posed by Foreign Information and Communications Technologies

Investment Enforcement

A Thank You to Our Readers—and the Top Five Posts of 2023Philips Agrees to Pay $62M to Settle FCPA Books-and-Records Violations from Efforts to Win Chinese ContractsSecurities and Exchange Commission Announces FY 2022 Enforcement Results

Mens Rea

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

Pandemic Fraud

Healthcare Execs Face Federal Drug Charges in Landmark Telehealth CaseCOVID-19 Fraud Enforcement Remains Priority for Federal Law EnforcementPPP Loan Fraud Enforcement: DOJ’s Complex Criminal Conspiracies and Civil Enforcement Actions

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

Federal Government Continues Its Big Push for Cybersecurity with SEC Action Against SolarWinds and Its CISOSCOTUS to Decide Constitutional Fate of SEC’s In-House Courts

Securities Law

SCOTUS to Decide Constitutional Fate of SEC’s In-House Courts

Supreme Court

The Overturn of Chevron: A New Design for Healthcare LawSupreme Court Rejects Due Process Challenge to Civil ForfeitureA Thank You to Our Readers—and the Top Five Posts of 2023

Treasury Department

Beneficial Ownership Reporting: Questions Over Meaning of “Substantial Control”CFIUS Releases First-Ever Enforcement Guidelines

Voluntary Self-Disclosure

New DOJ Policy Provides Greater Predictability for Voluntary Disclosure of Misconduct

White Collar Crime

DOJ Implements New Whistleblower Reward ProgramSupreme Court Holds Bribery Statute Does Not Criminalize After-the-Fact GratuitiesCiminelli One Year Later: The Evolving Reach of the Wire Fraud Statute