A Business Expense?
In negotiating FCA or similar settlements with the government, one key consideration is the tax treatment of any payment. While not in the context of deductibility, the Supreme Court this year, inKokesh v. SEC, analyzed whether disgorgement in an SEC enforcement action was punitive or compensatory.
A rare ruling provides insight into the narrow scope that the attorney-client privilege and attorney work product privilege are afforded in criminal investigations.
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.
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.
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.
Analysis of a case involving a man who lied about his role as a government agent.
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.
