• The False Claims Act Seal: Does It Bind and Gag the Defendant?

    December 01, 2017 |

    Part One of a Two-Part Article

    A company that finds itself the target of a federal fraud investigation often faces the fraught question of whether it may, or even must, disclose the existence of that investigation to third parties, such as its investors, shareholders, major creditors, or insurers. The question can be even more complicated if that investigation is being pursued under the False Claims Act and arises as the result of a sealed qui tam complaint.

  • The Deductibility of FCA Payments in Light of Kokesh

    December 01, 2017 |

    A Business Expense?

    In negotiating FCA or similar settlements with the government, one key consideration is the tax treatment of any payment. While not in the context of deductibility, the Supreme Court this year, inKokesh v. SEC, analyzed whether disgorgement in an SEC enforcement action was punitive or compensatory.

  • Internal Whistleblowers

    December 01, 2017 |

    SCOTUS Review of Dodd-Frank to Change the Landscape

    In June, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers, to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.

  • In the Courts

    December 01, 2017 |

    A rare ruling provides insight into the narrow scope that the attorney-client privilege and attorney work product privilege are afforded in criminal investigations.

  • New-Wave Legal Challenges for Bitcoin and Other Cryptocurrencies

    November 02, 2017 |

    As the adoption of cryptocurrencies spreads throughout the business and financial sectors, so too do the concerns that lack of regulation render the new-age currency susceptible to fraud, manipulation, and to being used as a vehicle for money laundering. Nevertheless, recent efforts by U.S. enforcement agencies to apply and enforce financial regulations mean greater scrutiny than ever before.

  • In the Courts

    November 02, 2017 |

    On Oct. 4, 2017, the United States Court of Appeals for the District of Columbia issued an Order concerning FBME Bank's appeal of a 2014 decision against it by the United States Financial Crimes Enforcement Network (FinCen). Here's a look at the ruling.

  • Business Crimes Hotline

    November 02, 2017 |

    Analysis of a case involving a man who lied about his role as a government agent.

  • Follow Up on False Claims Act Actions

    November 02, 2017 |

    This article discusses what you can do to mitigate against the risk inherent in prolonged exposure. While a 50-state survey is beyond the scope of this article, the authors identify issues that should be on the forefront of your mind if faced with potential state false claims act liability.

  • The Rise of the Travel Act

    October 02, 2017 |

    The DOJ continues to prioritize health care anti-fraud enforcement through the aggressive use of different statutes and investigative methods. Now, the government is putting a 60-year-old tool to a new use: It is using the federal Travel Act to pursue criminal charges against health care entities in connection with health care bribery/kickback schemes. This article discusses these recent actions and the potential ramifications of the expansion of the scope of the Travel Act.