Features
Supreme Court Forecloses Reimbursement for Certain Internal Investigations Under Mandatory Victims Restitution Act
In Lagos v. United States, the U.S. Supreme Court ruled that corporate victims of criminal offenses cannot recover expenses incurred from internal investigations that the federal government has neither requested nor required under the Mandatory Victims Restitution Act of 1996,
Features
The Supreme Court's Criminal Law Decisions in 2018
<b><i>Part One of a Two-Part Article</b></i><p>The United States Supreme Court's October Term 2017 was a good year for criminal defendants in areas as varied as the Fourth Amendment, obstruction of justice, the death penalty, and criminal restitution. There was only one major criminal law decision this term — <i>Carpenter v. United States</i> — but there were several decisions that defense counsel would do well to study.
Features
Get It in Writing: Deducting False Claims Act Payments
In fiscal year 2017, the DOJ collected more than $3.7 billion dollars from False Claims Act (FCA) cases — part of the $86 billion it has collected from FCA cases since 1986. States and municipalities are aggressively pursuing FCA recoveries as well. Whether or not such payments are deductible as business expenses under the Internal Revenue Code is an important consideration when negotiating a settlement with the government.
Features
Washington's FARA Frenzy Spurs New Legal Business
<b><i>The FARA feeding frenzy had already been building in recent years, but it gained traction in the months since Manafort's indictment last fall.</b></i><p>The U.S. Justice Department's aggressive enforcement of the Foreign Agents Registration Act (FARA) has drawn blood throughout the consultant class in Washington, with lawyers assessing the casualties and prowling for new business.
Columns & Departments
In the Courts
Former CFO of Bankrate Sentenced to 10 Years in Prison for $25 Million Fraud Scheme
Columns & Departments
Business Crimes Hotline
Petrobras Pays $853.2 Million to U.S. and Brazil Authorities to Settle FCPA Charges
Features
Are Allegations of Lack of Medical Necessity in False Claims Act Cases a Basis for Settlement or Trial?
<b><i>Lessons Learned from Recent Settlements and Decisions</b></i><p>Health care fraud and False Claims Act cases continue to generate a significant source of funds for the Federal Government.Although, when announcing its focus, the government listed treatment options are not always clear. What these settlements often have in common is that the underlying complaints allege that the services that were rendered and reimbursed lacked medical necessity.
Features
Update on UK Sanctions, Anti-Money Laundering and Brexit
This article provides a brief education about where things currently stand in the UK as regards to sanctions and anti-money laundering in the shifting sands of the Brexit process.
Features
Stretching the Limitations Period in White-Collar Criminal Matters
<b><i>Part Two of a Two-Part Article</b></i><p>Though they might seem straightforward on their faces, limitations periods are often elongated by legislation or court interpretation. The authors began looking at some of these exceptions to the stated limitations periods last month in Part One of this article. They continue here with further examples.
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