In an extremely consequential decision issued last week, the United States Supreme Court reined in what the Court termed the government’s “boundless interpretation” of the aggravated identity theft statute, 18 U.S.C. § 1028A. Section 1028A provides for a mandatory two-year
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Philips Agrees to Pay $62M to Settle FCPA Books-and-Records Violations from Efforts to Win Chinese Contracts
Koninklijke Philips N.V., a global medical technology manufacturer, recently agreed to pay over $62 million to resolve a Foreign Corrupt Practices Act (FCPA) enforcement action with the Securities and Exchange Commission (SEC). The enforcement action – the second for the…
Supreme Court Tosses NY Corruption Convictions, Signaling Skepticism with Government’s Theories of Liability – Part 2
Recently, the Supreme Court of the United States tossed the convictions of two defendants found guilty of public corruption charges during former New York Gov. Andrew Cuomo’s term. The opinions, Ciminelli v. United States and Percoco v. United States, continue…
Supreme Court Tosses NY Corruption Convictions, Signaling Skepticism with Government’s Theories of Liability – Part 1
Recently, the Supreme Court of the United States tossed the convictions of two defendants found guilty of public corruption charges during former New York Gov. Andrew Cuomo’s term. The opinions, Ciminelli v. United States and Percoco v. United States, continue…
Insurance May Cover Your False Claims Act Settlement
On May 3, 2023, the Seventh Circuit affirmed $10 million in insurance coverage for a False Claims Act (FCA) settlement in a case based on alleged Anti-Kickback Statute violations. Astellas US Holding, Inc. v. Federal Insurance Company concerns a settlement…
The George Santos Indictment: An Explainer
On Wednesday, May 10, 2023, U.S. Rep. George Santos was charged in a 13-count federal indictment in the Eastern District of New York. Elected in 2022, Rep. Santos represents New York’s 3rd Congressional District, covering the North Shore of Long…
“Dear OIG”: The Newest Way to Attain Kickback Guidance
The Office of Inspector General (OIG) recently unveiled a quicker process to answer the healthcare industry’s most pressing questions on the Anti-Kickback Statute (AKS), allowing healthcare stakeholders to attain more timely guidance at less cost.
OIG has expanded its…
COVID-19 Fraud Enforcement Remains Priority for Federal Law Enforcement
On April 20, 2023, the Department of Justice announced criminal charges against 18 defendants in nine federal districts, alleging over $490 million in alleged theft from federally funded COVID-19 relief programs. This clearly shows that, even as the COVID-19 pandemic…
A Sight for Sore Eyes: Sixth Circuit Rejects Government’s Expansive AKS and FCA Theories in Ophthalmologist Dispute
Last week, the Sixth Circuit closed two paths the government and relators have tried to take to expand liability for medical providers under the Anti-Kickback Statute (AKS) and False Claims Act (FCA): the meaning of “remuneration” under the AKS and…
The RESTRICT Act: A Potential New Enforcement Tool to Address Economic and National Security Concerns Posed by Foreign Information and Communications Technologies
Concerns over the potential threat posed by information and communications technology (ICT) products and services, such as TikTok, to the United States’ economic and national security have been ruminating for some time now. To tackle that potential threat, on March…