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During the nomination hearing before the Senate Judiciary Committee on January 15th, then United States Attorney General nominee William Barr backpedaled on earlier statements he had made about the False Claims Act being “an abomination.” Instead he testified that, with Barr at its helm, the Department of Justice would continue to vigorously enforce the statute. But recent actions by the DOJ suggest that although the DOJ may continue to prosecute certain relators’ FCA cases, other relators may find themselves on the other side of a government motion to dismiss. For corporations facing not only treble damages but millions of dollars in attorneys’ fees spent on defending against FCA cases, this may be viewed as welcome relief. In FY 2018 alone the DOJ collected over $2 billion from qui tams. Indeed, many companies find themselves embroiled in multiple FCA cases at a time. Most of the qui tams over the last few years have been in the healthcare industry. Now that military spending is ramping up, the expectation is qui tams in the defense industry will also increase.
By Joseph F. Savage, Jr. and Marielle Sanchez
Elections have consequences, and the election of President Trump has resulted in a significant shift in law enforcement priorities. Corporate enforcement activity is at lows not seen in decades, despite an overall increase in federal criminal cases. This is a product of a change in priorities, both in terms of types of offenses and types of offender. So, for the time being, there will be almost unprecedented opportunity to achieve favorable resolutions for corporate clients.
By Harry Sandick and Danielle Quinn
A defendant who pleads guilty is usually required to waive a host of constitutional and statutory rights, such as the right to a jury trial, the right to confront and cross-examine adverse witnesses, the right to testify and present evidence. However, many defendants are also required to waive their right to appeal in order to receive a favorable plea agreement with the government.
By Robert J. Anello and Kostya Lantsman
Business has gone global. So too has business-related crime. In the interconnected business environment, white-collar criminal investigations and prosecutions frequently present cross-border issues and affect U.S. foreign relations. Indeed, in some recent high-profile cases, the Trump administration has implied that it sees law enforcement — or the lack of it — as one of the tools in its foreign policy arsenal.
By Surya Kundu
Seventh Circuit Distinguishes Between Truth and Truthiness