This is the third part in our 2023 series examining important trends in white collar law and investigations. Up next: congressional investigations.
Health care fraud enforcement remained a top priority at both the national and local levels in 2022 and
White Collar Law & Investigations
The Foley Hoag White Collar Law & Investigations blog addresses the developing regulatory environment that confronts businesses and individuals in virtually any industry. Whether federal or state investigations, enforcement actions, changing enforcement priorities, criminal prosecutions or related civil proceedings, the White Collar Law & Investigations blog will provide regular coverage and updates that draw on the deep experience of Foley Hoag’s White Collar Crime & Government Investigations practice.
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2023 Trends in Criminal Tax Enforcement
This is the second part in our 2023 series examining important trends in white collar law and investigations. Up next: crypto enforcement.
The days of decreased IRS enforcement activity may be coming to a close. Although the overall volume of…
False Claims Act Enforcement: Looking Back and What to Expect in 2023
This is the first in our 2023 series examining important trends in white collar law and investigations. Up next: criminal tax enforcement.
The False Claims Act (or “FCA”) continued to drive significant enforcement activity in 2022, especially, but not exclusively,…
Former University of Kansas Professor Sentenced for Making False Statements on Conflict of Interest Disclosure Form
Key Takeaways:
- A faculty member at a research university was convicted of making false statements to the federal government, a felony, for failing to disclose an outside engagement with a Chinese institution on his university’s conflict of interest disclosure form.
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CEP Revisions Incentivize “Extraordinary” Corporate Cooperation
Key Takeaways:
- DOJ revised its Corporate Enforcement Policy (CEP) to further incentivize robust voluntary disclosures by corporations when they discover misconduct.
- Even when aggravating circumstances would otherwise warrant criminal resolution, prosecutors will now have discretion to decline to prosecute when
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The DOJ Gets the Green Light in its Latest No-Poach Criminal Prosecution
By Rosie Loring
It has been a tumultuous year for the Department of Justice (“DOJ”) and its recent no-poach criminal prosecution strategy. No-poach agreements, which are arrangements between companies that place restrictions on the hiring of each other’s employees, have long been viewed…
Southern District of New York Holds that an Explicit Quid Pro Quo Is an Essential Element of Bribery and Fraud in Campaign Fundraising-Related Public Corruption Prosecutions
Earlier this week, the Southern District of New York dismissed bribery and honest services wire fraud charges brought against New York’s former lieutenant governor, Brian Benjamin, based upon the Indictment’s failure to allege an explicit quid pro quo arrangement with…
DOJ’s New Guidelines on Repeat Corporate Misconduct: Do They Have Real Teeth?
On October 28, 2021, Deputy Attorney General Lisa Monaco released a memo setting out “Initial Revisions to Corporate Criminal Enforcement Policies.” The memo indicated that the Department of Justice would place greater emphasis on a corporation’s “history of misconduct”…
The DOJ, SEC, Insider Trading, and Data Analysis
By Harlan Levy
A year ago, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) heralded data analytics in announcing parallel insider trading actions against a senior executive at a pharmaceutical company (Viatris Inc.), formerly known as Mylan N.V. (“Mylan”).…
DOJ’s Settlement Imposes Legal Process Compliance Monitor, Highlighting the Government’s Increased Focus on Data Preservation
Google will spend the next three years with an independent compliance monitor scrutinizing its process for responding to warrants and other government data requests. This and other requirements are part of a settlement agreement with Google, announced by the Department…