• Business Crimes Bulletin

    Supreme Court Reins in Broad Reading of Fraud Statutes with ‘Bridgegate’ Case Ruling

    Robert J. Anello and Richard F. Albert

    When federal prosecutors focus their attention on high profile misconduct that is not an obvious violation of federal criminal law, they often cannot resist the attractions of broadly worded “catch-all” fraud statutes. From time to time, however, the U.S. Supreme Court has pushed back on efforts to further expand the boundaries of these statutes, leading to reversals of some well-publicized criminal convictions.

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  • Business Crimes Bulletin

    Shareholder Class Actions During, and After, COVID-19

    Margaret A. Dale and Mark D. Harris 

    Given the current turmoil in the markets, an increasing number of plaintiffs are bringing shareholder class action suits, citing corporate statements about COVID-19. As first-quarter earnings season draws to a close, now is a good time to reflect on the shareholder class actions that have been brought to date related to COVID-19, and others potentially yet to come.

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  • Business Crimes Bulletin

    What TARP Investigations Can Teach Us About Stimulus Fraud

    Terence M. Grugan, David L. Axelrod and Emilia McKee Vassallo

    For more than 10 years, federal investigators have investigated criminal conduct in connection with the 2008 recession-era TARP program. From those investigations, U.S. Attorneys across the country brought cases and earned convictions for offenses spanning the federal criminal code. We can expect that these same agencies will use the same techniques and strategies to investigate crimes and bring cases involving fraud related to the COVID-19 stimulus packages.

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  • Business Crimes Bulletin

    SEC Targeting Fraudulent Disclosures During Pandemic

    Russell Koonin and Adam Schwartz

    In the midst the current COVID-19 pandemic, the SEC is paying attention. The Division of Enforcement has made clear that it will act, and act quickly, to stop fraudulent conduct that falls under its jurisdiction related to the pandemic.

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  • Business Crimes Bulletin

    Defending FCA Actions Related to Pandemic Programs

    Steve Sozio, Rebecca Martin, Rajeev Muttreja and Mark Rotatori

    With the federal government appropriating more than $2 trillion for businesses affected by the COVID-19 pandemic, plaintiffs’ lawyers, regulators and politicians have trumpeted the search for whistleblowers — many of whom will try to cash in on perceived fraud in the funding programs created by the CARES Act and other enactments.

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  • Business Crimes Bulletin

    Corporate Criminal Liability in the COVID-19 Era

    Carolyn H. Kendall

    Compliance Programs Offer Companies an Opportunity to Mitigate Risk

    This article outlines the principles of corporate criminal liability, including the factors prosecutors consider when making charging decisions, and the potentially available sanctions in light of applicable U.S. Sentencing Guidelines, and offers strategies for minimizing risk, including lessons from recent criminal enforcement actions.

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  • Business Crimes Bulletin

    CARES Act Puts Inspectors General Back in the Spotlight

    Daniel R. Alonso, Preston Burton and Meredith Leeson

    IGs have been part of the federal landscape for more than 40 years, so why all the fuss now? The answer is that they are a key element of the government’s built-in mechanisms for protecting the nation’s public treasury, and a relief package of this scope strongly indicates that the IGs and the new oversight bodies will spend many years scrutinizing funds spent under it.

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  • Business Crimes Bulletin

    Prosecuting PPP Fraud May Be Harder Than It Seems

    Christopher M. Ferguson

    This article discusses what tools the government has for pursuing seemingly undeserving PPP borrowers, the obstacles to bringing such cases, and the factors that may influence the government’s decision in pursuing criminal or civil cases.

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  • Business Crimes Bulletin

    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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  • Business Crimes Bulletin

    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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