• Features

    Defending FCA Actions Related to Pandemic Programs

    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.

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  • Features

    New FCPA Decision Limits DOJ’s International Reach

    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.

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  • Features

    Federal Crackdown on Hoarding and Gouging During COVID-19 Crisis

    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?

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  • Features

    Cutting Off the Stream: How United States v. Silver Affects “Stream of Benefits” or “Retainer” Bribery

    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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