In early March 2020, at the outset of the COVID-19 pandemic, former Attorney General William Barr instructed federal prosecutors to prioritize the “detection, investigation and prosecution of all criminal conduct related to the current pandemic.” His memos from the early
Does Crime Pay?
Tales from the White-Collar Criminal Defense Trenches
The "Does Crime Pay?" blog, published by Thompson Hine LLP, focuses on legal developments and enforcement trends related to fraud, trade secrets, cybersecurity, and regulatory compliance. It covers topics such as Department of Justice fraud recoveries, the Defend Trade Secrets Act and its enforcement, shifts in SEC enforcement policies, and interpretations of the Computer Fraud and Abuse Act. The blog addresses issues relevant to government contractors, corporate compliance programs, intellectual property protection, and securities regulation enforcement strategies. It provides insights into federal enforcement priorities and legal standards affecting corporate and individual liability in areas of fraud, trade secret theft, cybersecurity breaches, and securities law violations.
Latest from Does Crime Pay? - Page 2
Ransomware is the Latest Major Risk for Compliance and Legal Departments
Over the past few weeks, revelations of ransomware cyber-attacks on U.S. businesses have rocked the country’s infrastructure and have held hostage companies’ computer systems that are necessary to provide essential services to the nation. In a typical ransomware attack, hackers…
Bribe Me Once… Court Rejects “Fraud in Healthcare Transaction” False Claims Act Theory of Liability
A federal district court has rejected a novel attempt to impose False Claims Act (FCA) liability for Medicare billings based on a theory that the underlying purchase of the home healthcare agency submitting those billings was allegedly tainted by fraud. …
Lawyers Don’t Get a Pass When It Comes to Federal Search Warrants
On April 28, 2021, federal agents executed search warrants at the home and office of Rudy Giuliani and seized cell phones and computers. Mr. Giuliani is former President Trump’s personal lawyer, a former United States Attorney, and a former New…
Real Housewife of the Southern District of New York
This blog’s masthead (Does Crime Pay?) has perhaps never asked so apt a question as it does of the latest clash between reality television stars and…actual reality. On Tuesday, March 30, 2021, the U.S. Attorney for the Southern District of…
Waiver Isn’t What it Used to Be: Ninth Circuit Decision Turns Tried and True Doctrine Upside Down
On Monday, April 12, 2021, the Ninth Circuit Court of Appeals released its opinion in United States v. Ghanem, Case No. 19-50278. Ghanem, an international arms dealer, was convicted in the Central District of California for violation of a statute…
Continued Scrutiny of COVID-19 Fraud Ensnares Cincinnati Politico
By Joe Barton
Ohioans disenchanted with the past two years of public corruption cases (see our previous post on that subject here) may no longer have to tolerate the seemingly endless number of Ohio politicians being indicted for bribery. That’s because apparently…
Recent SEC Enforcement Action Against AT&T is a Reminder That Regulation FD is Alive and Well
On March 5, 2021, the U.S. Securities and Exchange Commission filed a civil enforcement action in the United States District Court for the Southern District of New York against AT&T, Inc. and three executives alleging a series of Regulation FD…
Doubling Down on Double Jeopardy: Federalism at Work in New York
Can you be prosecuted twice for the same crime? The question seems simple and, given the plain language of the Fifth Amendment (no person shall “be subject for the same offence to be twice put in jeopardy of life or…
Update: Georgia (Still) On Our Mind
By Joe Barton
While many of us were focused on the second impeachment of former President Trump, news broke that the Fulton County District Attorney has initiated a criminal investigation into the multiple contacts by Trump and others in the aftermath of the…