Searching Content indexed under White Collar Crime, Anti-Corruption & Fraud by Holland & Knight ordered by Published Date Descending.
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Non-Owners of Company That Presents Fraudulent Claims May Still Be Liable Under FCA
In United States ex rel. Doe v. Heart Solution, P.C., 923 F. 3d 308 (3d Cir. 2019), the court of appeals ruled that individual employees with no ownership interest in a company
United States
22 Jul 2019
False Claims Act Statute Of Limitations: Relators Now Get Up To 10 Years To File Suit
The U.S. Supreme Court's much-anticipated decision in Cochise Consultancy, Inc. et al. v. United States ex rel. Hunt, issued on May 13, 2019, holds that whistleblowers have more time to bring
United States
29 May 2019
DoD OIG Issues 2018 Highlights Newsletter
The U.S. Department of Defense (DoD), Office of the Inspector General (OIG) recently issued a report highlighting its work conducted in Fiscal Year (FY) 2018.
United States
2 Apr 2019
Remote E-Notarization: Are New Jersey And Pennsylvania About To Join The Club?
Over the last several years, a number of states have authorized notaries to perform remote online notarizations by which a notary public may acknowledge the signature or the act of an individual...
United States
20 Feb 2019
DOJ Reverses Course: The Wire Act Applies to Non-Sports Gambling (Again)
The U.S. Department of Justice's Office of Legal Counsel (OLC) has released an opinion concluding that the Wire Act, 18 U.S.C. §1084,
United States
6 Feb 2019
Political Operative Indicted For Lying To Congress
On Jan. 24, 2019, a Grand Jury for the District of Columbia issued a seven-count indictment charging a political operative with Obstruction of an Official Proceeding...
United States
5 Feb 2019
DOJ Announces Changes To Policy On Individual Accountability In Corporate Cases
In 2017, the U.S. Department of Justice (DOJ) initiated a review of its 2015 policy concerning individual accountability in corporate cases (known as the "Yates Memo").
United States
5 Dec 2018
"Yates Memo" Edited To Grant Prosecutors More Flexibility In Civil Cases
On Sept. 9, 2015, then-Deputy Attorney General Sally Yates issued a memo requiring federal prosecutors to investigate any individuals responsible for illegal corporate conduct before settling a case.
United States
4 Dec 2018
DOJ Issues New Guidance On Necessity And Selection Of Corporate Monitors
Assistant Attorney General Brian A. Benczkowski's recent Memorandum on "Selection of Monitors in Criminal Division Matters" provides new direction to U.S. Department of Justice (DOJ) ...
United States
22 Oct 2018
Petrobras Agrees To Pay More Than $1.8 Billion For Facilitating FCPA Violations
Four years ago, Brazilian authorities began Operation Car Wash, a wide-ranging and still ongoing corruption and money laundering investigation that has spanned 11 countries.
United States
19 Oct 2018
Patients Fail To State Claim For Reimbursement Of Medical Expenses Related To Kickbacks
In S.B. v. Tenet Healthcare Corp., No. 17-141-2, 2018 WL 1836029 (11th Cir. April 18, 2018) (per curiam), the Eleventh Circuit affirmed dismissal of S.B.'s complaint for fraud, negligent misrepresentation ...
United States
13 Sep 2018
Request For Information: Aligning AKS And CMP With Coordinated Care Initiatives
On Aug. 24, 2018, the Office of Inspector General (OIG) issued a request for information (RFI) regarding the Anti-Kickback Statute (AKS) ...
United States
3 Sep 2018
Expect Increased Enforcement Activities With DOJ's New Fraud Task Force
The Department of Justice (DOJ) recently announced the creation of a Task Force on Market Integrity and Consumer Fraud. Relevant to the contracting and healthcare community ...
United States
24 Jul 2018
Affirming A Software Agreement Does Not Preclude Fraud Claims
Often at issue in outsourcing agreements is whether the qualifications and experience of the outsourced consultants comport with the realities on the ground once the project begins.
United States
18 Jul 2018
Political Intelligence Prosecution
Last month, a Washington consultant providing political intelligence was convicted of stealing secrets from the government and using it for insider trading.
United States
4 Jul 2018
Healthcare Law Update: May 2018
On April 30, 2018, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a favorable Advisory Opinion No. 18-02 regarding the provision of sample ostomy products...
United States
30 May 2018
Obedient Companies Rewarded In New DOJ Policy Discouraging Duplicative Penalties
A common refrain in the white collar bar is that American government agencies don't often get along and play well together.
United States
21 May 2018
Recent Debarments Highlight Growing Risk of Sanctions By Multilateral Development Banks
Companies that receive or enter into contracts on projects financed by loans from multilateral development banks, such as the World Bank, and engage in corrupt practices face the risk of...
United States
16 Mar 2018
Reasonable Belief Of Medicare Upcoding Can Support Retaliation Claim Despite Failure To State FCA Violations
In United States ex rel. Crockett v. Complete Fitness Rehabilitation, Inc., No. 16-2544, 2018 WL 327453 (6th Cir. Jan. 9, 2018), the court of appeals affirmed the dismissal of FCA claims...
United States
5 Mar 2018
New DOJ Policies Should Curtail Frivolous False Claims Act Suits
The U.S. Department of Justice (DOJ) has recently issued two memos requiring closer scrutiny of borderline FCA suits by DOJ attorneys. In some instances, DOJ may even ask that such suits be thrown out.
United States
5 Mar 2018
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