On Tuesday July 28, Eastman Kodak, Co. in conjunction with the Trump Administration publicly announced that Kodak would receive a $765 million loan for purposes of manufacturing generic drug ingredients. Just a few days later, Senator Elizabeth Warren (D-Mass.) penned
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.
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Charges and Guilty Pleas Continue in DOJ’s Ongoing Antitrust Investigation of Generic Drug Market
On July 23, 2020, the U.S. Department of Justice, Antitrust Division (“DOJ”) announced charges against Taro Pharmaceuticals U.S.A., Inc. as part of an ongoing federal antitrust investigation of price fixing, bid rigging, and market allocation in the generic drug market.…
False Claims Act Liability for Government Stimulus Funds: A Primer for First Time Recipients of Federal Money
The federal government has been handing out billions of dollars in stimulus money to individuals and companies. These funds have helped businesses survive the COVID-19 pandemic by providing them with low or no-cost liquidity when they are not permitted to…
Federal Charges Filed Against Toledo City Councilmembers
On June 30, 2020, the U.S. Attorney’s Office for the Northern District of Ohio filed a criminal complaint charging four Toledo City Councilmembers and a local attorney for their participation in an alleged years-long bribery and extortion scheme. These charges…
United States v. Pisarski
On July 10, 2020, the Ninth Circuit issued an unusual 2-1 decision affirming a California federal district court’s injunction against the further prosecution of two California marijuana growers, Anthony Pisarski and Sonny Moore. United States v. Pisarski, 2020 U.S. App.…
Insider Impacts of COVID-19: Securities Trades and Tipped Information in a COVID-19 Landscape
On July 2, 2020, a federal judge sitting in Manhattan sentenced disgraced entrepreneur Telemaque Lavidas to a year and a day in prison for insider trading. In addition to the prison term, the judge sentenced Lavidas to three years of…
Both Whistleblowing and Whistleblower Awards are on the Rise
Whether attributable to the pandemic effect of remote work, layoffs and furloughs, or the slew of recent substantial awards, the SEC’s whistleblower tip line is lighting up with greater frequency. Companies are understandably focused on the panoply of challenges to…
Not Very New Wine in an Old Bottle: Recent Revisions to the DOJ FCPA Resource Guide
The Department of Justice (DOJ) just released an updated version of its Resource Guide to the Foreign Corrupt Practices Act. While the new version does not announce any groundbreaking changes, it now includes updates and references to recently issued policies,…
Government Signals Shift in Enforcement Focus from Price-Gouging to Stimulus Fraud
Various federal agencies – particularly the FBI and the DOJ – have been vocal in announcing efforts to ferret out fraud and other criminal activity arising out of the COVID-19 pandemic. As described in prior blog posts on this site…
The Strange Twists in the Investigation and Prosecution of Turkish Bank Halkbank
In his recently published book, “The Room Where It Happened,” former national security adviser John Bolton reported that in late 2018 in Buenos Aires, President Trump assured Turkish President Tayyip Erdogan that he would stop the then-ongoing criminal economic sanctions…