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The indictment against your client reads in relevant part as follows: “In or about and between January 2019 and February 2020, the defendants, JOHN DOE and JANE DOE, co-owners of Acme Technology Co., made materially false and misleading statements and omissions to investors regarding, among other things, (i) the current and future revenues of Acme; (ii) the sales forecasts for Acme’s main product; (iii) the amount of debt on Acme’s balance sheet; and (iv) the executive compensation owed to the defendants.” Such broadly worded charges, which describe the nature of the crime but do not identify specific misstatements, are common in fraud prosecutions.
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Defending FCA Actions Related to Pandemic Programs
By Steve Sozio, Rebecca Martin, Rajeev Muttreja and Mark Rotatori
There will likely be some fraud in connection with the pandemic-related programs that should be pursued by the DOJ and the Inspectors General, who have said they will keep close eyes on these programs. They will have no shortage of targets, given the many recipients of government funds, and the breadth of the requisite certifications.
New FCPA Decision Limits DOJ’s International Reach
By Harry Sandick and Devon Hercher
In recent years, we have seen the DOJ expand its international focus, as it looks to punish foreign nationals, often for conduct that occurred almost entirely outside of the territorial borders of the United States. DOJ’s eagerness, however, has not been matched by judicial enthusiasm concerning the extraterritorial application of U.S. law.
Federal Crackdown on Hoarding and Gouging During COVID-19 Crisis
By Marjorie Peerce and Justin Kerner
Storage and Hauling Companies Take Note
Imagine that it’s Spring 2020 and you run a warehousing company and you discover that your warehouse contains containers of goods that could help combat the spread of the COVID-19 virus — masks, medical gowns, gloves or other personal protective equipment (PPE). Or imagine you own a trucking company and learn that your drivers are delivering pallets of hand sanitizer and disinfectants to a residential address. What, if any, liability might you have if it turns out a customer is hoarding PPE?
By James D. Gatta, Andrew Kim and Emily M. Notini
Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver’s counts of conviction, it was clarifying and not altering the “as opportunities arise” theory, it nevertheless emphasized that this theory requires particularity with respect to the “question or matter” that is the subject of the bribe payor and recipient’s corrupt agreement.
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