Mondaq USA: Criminal Law
McGuireWoods LLP
After a four week trial, Mr Justice Flaux decided that the Claimants case was not made out on the facts and also failed on grounds of causation.
McGuireWoods LLP
The so-called "crime-fraud exception" can strip away privilege protection from otherwise privileged communications that further clients' future criminal or fraudulent conduct.
Proskauer Rose LLP
Yesterday, in Kellogg Brown & Root Services, Inc., et al. v. United States ex rel. Carter, 575 U.S. __ (2015), the Supreme Court settled two important questions under the False Claims Act (the FCA).
McDermott Will & Emery
On May 26, 2015, the Supreme Court issued a unanimous opinion in Kellogg Brown & Root v. United States ex rel. Carter (S. Ct. No. 12-1497), a case addressing several important issues under the False Claims Act (FCA).
Ropes & Gray LLP
KBR's procedural history, like that of many cases brought under the FCA, is lengthy and complex, but only a few aspects are relevant to the Supreme Court's decision.
Fox Rothschild LLP
Alain Leibman was quoted in the Cape May County Herald article, "Group's RICO Suit Against City Withdrawn." Full text can be found in the May 19, 2015, article, but a synopsis is below.
Dickstein Shapiro LLP
This is the scenario: you are an executive or manager at a government contractor.
Proskauer Rose LLP
The Writt case arose from an FCPA investigation of Panalpina, a contractor Shell employed to provide freighting and customs-clearing services for a deep-water drilling project off the coast of Nigeria.
McGuireWoods LLP
For at least the second time in recent weeks, the Justice Department's criminal division chief delivered lengthy public remarks on what the department expects from companies choosing to cooperate with federal investigators.
Ropes & Gray LLP
On May 20, 2015, the U.S. Securities and Exchange Commission ("SEC") announced a $25 million settlement with Australian mining company BHP Billiton (the "Company") to resolve Foreign Corrupt Practices Act ("FCPA") charges arising from the Company's sponsorship of the 2008 Summer Olympics
McDermott Will & Emery
We opined that Relator's cert petition did not raise an issue worthy of consideration by the Supreme Court.
McGuireWoods LLP
Although a Federal district court refrained from providing a definitive answer to this question, it appears unlikely given the court's holding and reasoning in United States v. U.S. Bank, N.A...
McDermott Will & Emery
On May 7, 2015, the DOJ announced that 16 hospitals agreed to pay a combined $15.69 million to resolve a qui tam lawsuit filed under the False Claims Act (FCA), with the relator receiving approximately $2.67 million.
McGuireWoods LLP
In Gunn v. Credit Suisse Group AG., the Third Circuit joined the District of Columbia, Second, Fourth, Seventh, Eighth, and Ninth Circuits, in holding that a pro se relator cannot maintain a qui tam action after the government has declined to intervene.
McDermott Will & Emery
The defendants responded that, among other things, the court's ratification of Relator's statistical sampling methodology was premature.
Fox Rothschild LLP
Robert Ray was featured in the Law360 article, "Ex-Stockbroker Fumes at 'Boiler Room' Label in 2nd Circ."
McGuireWoods LLP
McGuireWoods partner George Terwilliger's National Law Journal column this month provides sound insight into what corporate counsel and officers should know about federal investigations.
McGuireWoods LLP
Here, the relator alleged that the defendant violated the FCA by falsely certifying in purchase orders that it was providing the United States military with the best price for its cigarettes.
McGuireWoods LLP
A significant number of cases that are brought under the False Claims Act are brought by qui tam relators (whistleblowers) who bring claims seeking relief on behalf of the Government.
McGuireWoods LLP
In recent years, there has been a steadily increasing number of cases that have been brought under the False Claims Act by qui tam relators (whistleblowers).
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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.
Mayer Brown
This Legal Update focuses on three issues that should be considered by Audit Committees of public companies in 2015: (i) Internal Investigation Privilege and Confidentiality, (ii) Expanding PCAOB-Mandated Rules for Audit Committees, and (iii) Continued ISS Corporate Governance Scrutiny of Audit Committee Members.
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.
BakerHostetler
FinCEN’s announcement discussed three examples of money-laundering activity that the bank allegedly facilitated.
Holland & Knight
The DOJ recently adopted a more defense-friendly position on criminal prosecutions under a commonly used federal charging statute, Section 1001.
McDermott Will & Emery
On May 7, 2015, the DOJ announced that 16 hospitals agreed to pay a combined $15.69 million to resolve a qui tam lawsuit filed under the False Claims Act (FCA), with the relator receiving approximately $2.67 million.
BakerHostetler
Physicians now appear to be more than ever at a greater risk of investigation for healthcare crimes.
McDermott Will & Emery
Shortly before Townsend was terminated, his corporate credit card had been suspended for about six months, because his wife had inadvertently used his expense reimbursements from Bayer to pay other bills.
The Law Offices of Daniel J. Hurson, LLC
In August of 2014 the SEC announced a modest whistleblower award of $300,000 to an unnamed company employee.
Bradley Arant Boult Cummings LLP
To identify and trace criminal activity, federal law enforcement relies on the mandatory filing of suspicious activity reports (SARs) by financial institutions subject to the Bank Secrecy Act (BSA).
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