White Collar Crime

SCOTUS Review of Dodd-Frank to Change the Landscape

On June 26, 2017, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.

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.

The Supreme Court, in Universal Health Servs., Inc. v. United States ex rel. Escobar, 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 qui tam claims.

A three-judge panel of the Second Circuit upheld the conviction of Mathew Martoma for insider trading and, in doing so, overruled part of United States v. Newman, thereby removing one obstacle for prosecutions of insider trading.

Discussion of two significant rulings.

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.

It's important to keep informed of the trends in the realm of asset forfeiture, especially now that the current federal administration has announced its intention seek more asset forfeitures going forward. Here's why.

Potential Ramifications of SEC Disgorgement Being a Penalty

Part Two of a Two-Part Article

The Kokesh decision raises potential consequences that move beyond the realm of SEC enforcement. They are discussed in depth in this article.