• Features

    No ‘Fishing’ In Trump Tax Return Case

    Steven A. Cash

    “Give a man a fish, and you feed him for a day. Teach a man to fish, and you feed him for a lifetime.” Judge Victor Marrero, writing in a decision dismissing the President’s civil suit under the Civil Rights Act, neither gives a fish, nor teaches how to fish — rather he explains what fishing is.

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  • Features

    The ‘Right to Control’ Wire Fraud Theory Should Be Eliminated

    Harry Sandick and Ian Eppler

    In recent decades, federal fraud prosecutions have relied on the theory that a defendant can fraudulently deprive a victim of the intangible “right to control” its assets, even if the victim is not deprived of any tangible money or property. While this theory has been repeatedly affirmed by the Second Circuit, it is incompatible with a series of recent Supreme Court cases in which the Court has narrowed the scope of federal white-collar criminal statutes by adopting narrow definitions of the term “property.”

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  • Features

    Don’t Set It & Forget It: The Importance of Evaluating & Evolving Healthcare Compliance Programs

    Brian Bewley, James D. Gatta and Kaitlyn L. Dunn

    The federal government won or negotiated over $2.6 billion in healthcare fraud judgments and settlements in 2019. The government’s investment of resources toward combatting fraud, waste and abuse in healthcare can be expected to continue in full force, irrespective of a change in political administration. Accordingly, it is important for healthcare companies to focus on maintaining flexible and effective compliance programs.

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  • Features

    DOJ’s China Initiative Poses Growing Risks for Those with Chinese Ties

    John N. Joseph, Carolyn H. Kendall and Yune D. Emeritz

    In the two years since it’s unveiling, the Initiative has expanded its scope from prosecutions of individuals suspected of stealing for China to those who simply have Chinese ties. The department is now increasing its mission to investigate individuals who are merely associated with Chinese recruitment programs.

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