New-Wave Legal Challenges for Bitcoin and Other Cryptocurrencies
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.
Follow Up on False Claims Act Actions
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.
In the Courts
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.
The Rise of the Travel Act
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.
<b><I>Escobar's</I></b> Effect on False Claims Act <b><I>Qui Tam</I></b> Actions
The Supreme Court, in <I>Universal Health Servs., Inc. v. United States ex rel. Escobar</I>, altered the landscape for FCA litigation. In this case, the Supreme Court instructed lower courts to scrutinize the materiality of the false statements to the government's decision to pay a claim; in doing so, the Court raised the bar for successful prosecution of <I>qui tam</I> claims.
In the Courts
A three-judge panel of the Second Circuit upheld the conviction of Mathew Martoma for insider trading and, in doing so, overruled part of <I>United States v. Newman</I>, thereby removing one obstacle for prosecutions of insider trading.
Antitrust Corporate Dispositions
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel — as well as "spin-off" counsel for individual employees — can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
The Trump Administration and Compliance
<b><I>What Can We Tell So Far?</I></b><p>How can companies plan for enforcement under the Trump administration? Here are five areas of compliance to consider.
