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Searching Content indexed under Trials & Appeals & Compensation by Eric Sitarchuk ordered by Published Date Descending.
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1
US Supreme Court: Five-Year Statute Of Limitations Applies To SEC Disgorgement
The Court's opinion resolves a circuit split concerning the reach of disgorgement orders.
United States
16 Jun 2017
2
Kokesh v. SEC—US Supreme Court Set To Decide SEC Disgorgement Circuit Split
Supreme Court grants certiorari to clarify whether Section 2462's five-year limitation period applies to SEC disgorgement claims.
United States
20 Jan 2017
3
Second Circuit Overturns Fraud Convictions In United States V. Litvak
The Second Circuit found no proof of material misrepresentations as to some charges, and held that expert testimony was improperly excluded as to others.
United States
14 Dec 2015
4
US Supreme Court To Decide Fate Of FCA's Implied Certification Theory
Supreme Court grants certiorari in qui tam case to consider viability and scope of the "implied certification" theory of liability under the False Claims Act.
United States
14 Dec 2015
5
No FCPA Accomplice Liability For Non-Resident Foreign Nationals If No Agency
Court rules that the US Department of Justice cannot expand the FCPA's reach simply by charging non-resident foreign nationals with conspiracy.
United States
21 Aug 2015
6
Practical Implications From Amarin
Amarin is an important US district court opinion affirming the importance of the Second Circuit's Caronia decision.
United States
12 Aug 2015
7
First Court Opinion On When An Overpayment Is "Identified" For Purposes Of The 60-Day Repayment Law
The court's interpretation complicates the already difficult task providers face in having sufficient time to assess and quantify potential overpayments.
United States
10 Aug 2015
8
Felony Conviction Bars Whistleblower From Pursuing Qui Tam Case
A relator convicted of criminal conduct is precluded from sharing in related FCA recoveries, irrespective of degree of culpability.
United States
23 Jul 2015
9
Federal Appeals Court Defines "Instrumentality" Under FCPA
Federal appeals court provides a two-step "control" and "function" analysis for determining whether an entity qualifies as an "instrumentality" under the FCPA.
United States
23 May 2014
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