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...
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.
McDermott Will & Emery
While the court's denial of the motion for reconsideration was not unexpected, it was undoubtedly the correct result, evidencing the court's desire to ensure that DOJ properly establishes the element of falsity...
McGuireWoods LLP
United Technologies is a case that has long been in development, originating with activities by Pratt & Whitney, now owned by United Technologies, in 1983.
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.
Proskauer Rose LLP
In addition to the $7.1 million penalty, IAP has agreed to address deficiencies in its anti-corruption internal controls, compliance code, policies and procedures.
McDermott Will & Emery
Barely a week after the U.S. Department of Health & Human Services Office of Inspector General issued a new fraud alert about Anti-Kickback Statute compliance risks with medical director arrangements.
McDermott Will & Emery
The Eastern District of Texas confirmed a jury verdict holding highway-guardrail manufacturer Trinity Industries liable for False Claims Act violations on June 9, 2015, resulting in a judgment of over $680 million against the company.
McDermott Will & Emery
On June 10, 2015, the Department of Justice moved for reconsideration of the U.S. District Court for the Northern District of Alabama's May 20 decision in U.S. ex rel. Paradies v. AseraCare, Inc..
Dentons (US)
BHP Billiton was no stranger to the world of anti-corruption investigations, having reportedly been under investigation by US and Australian authorities at multiple points since 2010.
Morrison & Foerster LLP
The FCA imposes civil liability when false or fraudulent claims for payment are presented to the government.
McGuireWoods LLP
In 2005, Hurricane Katrina severely damaged several ships that Defendant had been contracted to construct for the United States Navy.
McDermott Will & Emery
The relator in this case was a former Scan employee who learned in 2006 and 2007, after he left the company, that Scan had potential overpayments from its Medi-Cal contract.
Day Pitney LLP
Two courts recently suppressed the fruits of warrantless searches of laptop computers.
McGuireWoods LLP
As the Court aptly noted, the procedural history of Carter is "remarkable" and filled with premature filings, unwarranted dismissals, and three other FCA suits based on the same factual allegations.
Jones Day
In 2006, Benjamin Carter, a former Kellogg, Brown & Root Services, Inc. ("KBR") employee, brought a qui tam action against KBR, claiming that KBR had fraudulently billed the Government for water purification services in Iraq.
Duane Morris LLP
The "private search doctrine" is a semi-obscure corner of Fourth Amendment jurisprudence. At its base, the doctrine addresses instances in which a private actor (i.e., not a law enforcement officer) conducts a "search" and discovers some species of contraband or proof of illegal conduct.
BakerHostetler
The case relates to a civil FCA action brought by a qui tam plaintiff against his employer, a U.S. military contractor in Iraq.
Reed Smith
On May 26, the U.S. Supreme Court issued its ruling in Kellogg Brown & Root Services, Inc. v. United States ex rel Carter in which a relator brought civil False Claims Act claims against government contractors.
Reed Smith
The decision went on to affirm the Fourth Circuit's first-to-file ruling and confirmed that defendants may be subject to successive complaints if the prior FCA complaint is no longer "pending."
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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.
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...
Day Pitney LLP
Two courts recently suppressed the fruits of warrantless searches of laptop computers.
Reed Smith
On May 5, 2015, the Financial Crimes Enforcement Network fined Ripple Labs Inc. and its wholly owned subsidiary XRP Fund II LLC $700,000 for violations of the Bank Secrecy Act.
BakerHostetler
Tax fraud occurs on a considerable scale that can exceed law enforcement's ability to detect and punish the conduct.
Patterson Belknap Webb & Tyler LLP
This month marks the 10-year anniversary of United States v. Booker.
Dickstein Shapiro LLP
Last week the U.S. Supreme Court answered two critical questions regarding when a case may be filed under the False Claims Act (FCA). Kellogg Brown & Root Serv., Inc., et al. v. U.S. ex rel. Carter, No. 12-1497 (May 26, 2015).
Reed Smith
The decision went on to affirm the Fourth Circuit's first-to-file ruling and confirmed that defendants may be subject to successive complaints if the prior FCA complaint is no longer "pending."
Duane Morris LLP
The Government's complaint alleges that IPC knowingly and systematically billed Medicare, Medicaid, and other federal payors for higher and more expensive medical services than those that were actually performed...
Day Pitney LLP
On June 9, the Office of Inspector General of the U.S. Department of Health and Human Services issued a fraud alert regarding the risk of liability to physicians arising out of legitimate compensation arrangements...
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