Mondaq USA: Criminal Law
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.
WilmerHale
The news reports that a London-based futures trader, Navinder Singh Sarao, has been arrested by the British police at the request of the US authorities, to be extradited to America to face charges of market manipulation and wire fraud, brings back memories of the Natwest Three, Gary McKinnon and Christopher Tappin.
Proskauer Rose LLP
As previously reported on this blog here and here, the United States Sentencing Commission has proposed amendments to the widely criticized federal sentencing guidelines for economic crimes.
Holland & Knight
Recent changes to the federal sentencing guidelines would lead to a number of major revisions to the law, including updates to the definition of "intended loss," the victims table and the meaning of "sophisticated means."
Butler Snow LLP
"Mulligan," in golf parlance, is the opportunity to hit a golf shot, a "do over," when the previous shot was not quite the one desired by the golfer.
Jones Day
On March 3, 2015, a court in the Southern District of Texas granted a defendant pharmaceutical company's motion for summary judgment on claims brought under the False Claims Act for alleged false claims...
McDermott Will & Emery
A recent $48.5 million False Claims Act (FCA) settlement between two laboratory companies and the federal government highlights the increased scrutiny of laboratory-physician compensation arrangements for potential Anti-Kickback Statute (AKS) violations.
Butler Snow LLP
The lure of significant monetary awards continues to stimulate high-risk whistleblower actions under the False Claims Act, and these claims are increasingly common in the pharmaceutical and medical device industry.
Fox Rothschild LLP
Alain Leibman was quoted in the Shore News Today article, "Point Break Drops Federal Racketeering Suit Against Wildwood Officials."
Rumberger, Kirk & Caldwell, P.A.
In Mock, an officer encountered a motorcycle closely matching a be on the lookout issued by another county.
Proskauer Rose LLP
As previously reported on this blog, the U.S. Sentencing Commission has proposed several amendments to the federal sentencing guidelines for economic crimes.
Fox Rothschild LLP
We have endeavored from the outset of this blog to offer thoughtful, possibly useful, and occasionally provocative analyses of developments in the criminal law, a time-intensive effort.
McDermott Will & Emery
In an opinion last week in U.S. ex rel. Hagerty v. Cybertronics, Inc., the U.S. District Court for the District of Massachusetts addressed the status of the False Claims Act’s public disclosure bar after the PPACA.
McDermott Will & Emery
The complaint in Biotronik alleged violations of the FCA based on kickbacks and off-label uses and billing.
Holland & Knight
White Collar & Government Investigations Partner Tim Belevetz discusses SEC administrative proceedings and their increasing use by the SEC's Division of Enforcement.
Day Pitney LLP
DOJ Criminal Division Chief Lays Out Department's Initiatives for White-Collar Investigations and Prosecutions
Jones Day
Importers are facing potential additional liability for actions they take in connection with importing items into the United States.
Ropes & Gray LLP
On March 16, 2015, Judge Paul G. Gardephe of the Southern District of New York dismissed a shareholder derivative suit filed by Sylvia Pritika against the CEO and others of Avon Products Inc. ("Avon") alleging breach of fiduciary duty, unjust enrichment, and corporate waste by causing or permitting Avon to violate the Foreign Corrupt Practices Act of 1977 ("FCPA").
Orrick
Senate Bill No. 445 ("SB 445"), signed into law by California Governor Brown late last year, makes several significant changes to the Barry Keene Underground Storage Tank Cleanup Trust Fund Act...
Ropes & Gray LLP
A recently disclosed bribery scandal related to the 2014 FIFA World Cup in Brazil, along with other anti-corruption developments in Brazil, has reinforced the importance of implementing effective compliance policies and procedures.
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Orrick
Italy’s high court has taken up the appeal of Amanda Knox’s murder conviction in the 2007 murder of Knox’s British roommate in Italy.
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.
BakerHostetler
FinCEN’s announcement discussed three examples of money-laundering activity that the bank allegedly facilitated.
Mayer Brown
In opinions issued on the same day, federal appellate courts for the Second Circuit and the Eleventh Circuit both recently affirmed dismissals of securities-fraud claims filed against independent audit firms ..
Venable LLP
Over the past year and a half, Congress has been at odds with the Obama Administration's Operation Choke Point.
Klein Moynihan Turco LLP
Last week, Judge Dale S. Fischer dismissed a federal class action lawsuit against Herbalife, Ltd. ("Herbalife") and three of its corporate officers, who were accused by Herbalife shareholders of operating the company as an illegal pyramid scheme.
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.
Holland & Knight
The DOJ recently adopted a more defense-friendly position on criminal prosecutions under a commonly used federal charging statute, Section 1001.
The McLane Law Firm
The Anti-Kickback Statute is a federal law meant to protect patients and federal health care programs like Medicare from fraud and abuse.
Shearman & Sterling LLP
With the recent uptick in global enforcement efforts, boards of directors are increasingly adept at managing internal investigations and navigating potential land mines...
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