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The False Claims Act (FCA), 31 U.S.C. §3729 et seq., was enacted in 1863 to punish fraud perpetrated against the government by Civil War profiteers. Since its enactment, Congress has amended the FCA to strike a balance between the FCA’s dual purposes of rooting out fraud against the government and encouraging private individuals aware of such fraud to bring it to the government’s attention. From 1986, the government has recovered over $59 billion in FCA settlements and judgments. See, U.S. Department of Justice, Fraud Statistics Overview (Dec. 21, 2018), (hereinafter DOJ Fraud Statistics 2018).
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Challenge to SEC’s Disgorgement Authority Reaches Supreme Court
By Jodi Misher Peikin and Jacob Mermelstein
The U.S. Supreme Court granted certiorari in Liu v. Securities and Exchange Commission to address a question that, until fairly recently, seemed clear: whether the SEC has authority to obtain disgorgement in civil actions to enforce the federal securities laws.
Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
By Robert J. Anello and Richard F. Albert
In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court’s notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
When to Involve a Forensic Accountant in Your White-Collar Criminal Case
By Sareena Malik Sawhney
Over the past few years, defense attorneys have been turning to forensic accountants significantly more often in white-collar cases. An experienced and skilled forensic accountant is valuable to the defense team by casting reasonable doubt on the issue of intent and uncovering other evidence in support of innocence or a reduced sentence.
By Juliet Gunev
Maryland Jury Convicts Former Executive on FCPA Charges for Bribing Russian Official to Win Nuclear Fuel Transportation Contracts
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