Mondaq USA: Criminal Law
McGuireWoods LLP
The cost and risk associated with allegations under the FCA create a heightened importance on defining the scope of the claims that are at issue.
WilmerHale
In your paper's July 17 editorial "Crime and punishment," you examined President Barack Obama's recent decision to grant clemency to 46 drug offenders, including our client, Norman O'Neal Brown.
McDermott Will & Emery
We have previously written several articles regarding the circuit courts' application of the so-called "implied certification" theory of liability under the False Claims Act (FCA).
Morgan Lewis
A relator convicted of criminal conduct is precluded from sharing in related FCA recoveries, irrespective of degree of culpability.
Allen Matkins Leck Gamble Mallory & Natsis LLP
Two recent decisions from the Fifth Circuit and Eighth Circuit could expand the fraudulent transfer exposure of unknowing third parties that provide goods, services, or funding to companies operating Ponzi schemes.
McDermott Will & Emery
In U.S. ex rel Gage v. Davis S.R. Aviation, LLC, the U.S. Court of Appeals for the Fifth Circuit confirmed the high degree of specificity needed to successfully plead a claim under the False Claims Act (FCA).
McGuireWoods LLP
The scope of legitimate federal concern with business activity, though limited, is both real and critical to our nation's well-being.
Proskauer Rose LLP
According to the DPA, from 1998 through 2010, the company paid approximately $3.9 million in bribes to officials in India, Indonesia, Vietnam, and Kuwait to win construction management contracts.
McGuireWoods LLP
On January 8, 2015, the Fourth Circuit determined that, amid a circuit split, the "implied certification" theory of liability under the False Claims Act ("FCA") was viable in the Fourth Circuit.
Bracewell & Giuliani LLP
The finale of the latest Supreme Court Term featured a landmark ruling on same-sex marriage, narrow defenses of President Barack Obama's signature healthcare law and independent redistricting commissions, and a little case about a man caught in possession of a short-barreled shotgun.
McDermott Will & Emery
Davis involved a relator's allegations that the District of Columbia failed to maintain records to support the cost reports it submitted to the D.C. Medical Assistance Administration, in violation of recordkeeping regulations.
Dixon Hughes Goodman LLP
A former CFO embezzled in excess of $445,000 from her not-for-profit employer.
Morrison & Foerster LLP
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month with links to primary resources.
De Brauw Blackstone Westbroek N.V.
The SEC's whistleblower programme offers potential rewards to (former) employees who come forward.
BakerHostetler
The U.S. Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ) have made no secret of their goal to heighten both civil and criminal enforcement of the FCPA.
McDermott Will & Emery
U.S. ex rel. Hartpence v. Kinetic Concepts, Inc. consolidated two FCA complaints brought by former employees against Kinetic Concepts.
McDermott Will & Emery
On July 2, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed the U.S. District Court for the District of South Carolina's judgment of $237,454.195 in damages and penalties against Tuomey Healthcare System.
Proskauer Rose LLP
The U.S. Court of Appeals for the Ninth Circuit appears to have rebuffed aspects of the Second Circuit's recent effort to narrow liability for insider trading.
Day Pitney LLP
Cybersecurity and cyberbreaches are all over the news these days. But who would have guessed that this hot topic would rear its head in relation to America's favorite pastime?
BakerHostetler
The charges, which include conspiracy to commit healthcare fraud, wire fraud, money laundering, aggravated identity theft, and violations of anti-kickback laws, implicate $712 million in false Medicare billing submissions.
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Fox Rothschild LLP
While there are no reports in the United States of forced RFID chip programs, there are laws in the United States that prohibit the mandatory implantation of such devices.
Allen Matkins Leck Gamble Mallory & Natsis LLP
Two recent decisions from the Fifth Circuit and Eighth Circuit could expand the fraudulent transfer exposure of unknowing third parties that provide goods, services, or funding to companies operating Ponzi schemes.
Patterson Belknap Webb & Tyler LLP
This month marks the 10-year anniversary of United States v. Booker.
Morrison & Foerster LLP
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month...
BakerHostetler
Tax fraud occurs on a considerable scale that can exceed law enforcement's ability to detect and punish the conduct.
BakerHostetler
In recent years, the U.S. Department of Justice (DOJ) has been criticized for failing to prosecute executives for fraud, particularly in the financial sector.
Day Pitney LLP
Cybersecurity and cyberbreaches are all over the news these days. But who would have guessed that this hot topic would rear its head in relation to America's favorite pastime?
BakerHostetler
Some have argued that trial courts interpreting the Halliburton II decision thus far have failed to understand the true benefits the decision was intended to provide for defendants at the class certification stage.
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