Recoveries and settlements in False Claims Act (FCA) cases by the U.S. Department of Justice (DOJ) have accelerated in recent months and appear to be poised to rise dramatically as DOJ follows spending related to the pandemic recovery and federal
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Government Obtains Conviction Against Commodities Traders in Partial Win in Spoofing Case
Two former commodities traders at a major global bank were convicted on federal wire fraud charges late Friday in a high profile – but rare partial win– for the government in a spoofing case. We previously discussed the theory of
White House Due Process Memo Could Reform Enforcement
The Executive Office of the President issued a remarkable, yet little noticed Memorandum recently that has the potential to revolutionize the way justice is carried out in enforcement proceedings at federal agencies.
The Memorandum directs agencies to provide much greater due process
Lessons Learned from the R. Kelly Legal Saga for White Collar Defense – Part 2
In our last post on www.doescrimepay.com, former federal prosecutors Steven A. Block and Sarah M. Hall summarized the legal saga of indicted R&B star R. Kelly, one of the world’s best-selling music artists. Kelly’s legal troubles are far from
Lessons Learned from the R. Kelly Legal Saga for White Collar Defense – Part 1
This week on www.doescrimepay.com, former federal prosecutors Sarah M. Hall and Steven A. Block take the blog in a new direction. We will look back on the legal saga of indicted R&B star R. Kelly and present lessons learned
United States v. Goodwin: Federal Healthcare Conspiracy is Alive and Well in the Eighth Circuit
On September 4, 2020, the Eighth Circuit affirmed Reuben Goodwin’s conviction for his role in a Medicare/Medicaid kickback scheme. Goodwin’s conviction was supported by evidence of his knowledge of the conspiracy and willful participation in the conspiracy. The Eighth Circuit’s
Regulations on Reopening: Avoiding Government Scrutiny and Mitigating Potential Prosecution Risk
The nation is slowly reopening. Businesses showcase signs that proudly announce “OPEN” in bright neon letters. But the legal landscape is different from the pre-COVID-19 days, and businesses should be aware of the inherent risks involved with re-opening and take
Fraud Prosecutions on the Horizon: What to Expect in the Near Future from the DOJ
On March 20, 2020, the Attorney General ordered the Department of Justice (“DOJ”) to prioritize oversight, investigation, and prosecution of misuse of federal funds distributed in response to the COVID-19 pandemic.[1] Now, almost six months later, the DOJ continues
Too Little Too Late: DOJ Releases FCPA Opinion that Provides a Generic Analysis
Late last week, the Department of Justice (DOJ) issued a Foreign Corrupt Practices Act (FCPA) Opinion 20-1, its first such opinion in almost six years. In the Opinion, the DOJ advised a U.S.-based investment advisor that the DOJ did not
So . . . What Exactly Makes Insider Trading Illegal?
This is the question recently asked by Gene Levoff, a former attorney at a large technology firm traded on the NASDAQ stock exchange. The indictment against Mr. Levoff charges him with securities fraud and alleges that between 2011 and 2016,