Marc S. Raspanti, Meredith S. Auten and Christopher R. Hall, along with Washington, D.C. attorney Janet Goldstein, and Assistant U.S. Attorney Jeffrey W. Dickstein, have been appointed to serve as Co-Chairs of the ABA Qui Tam Substantive Committee of the Criminal Justice Section’s White Collar Crime Committee. They will serve a two-year term. The Qui… Read more »
Background Facts of Case Claimant sustained a foot injury at work on August 12, 2009. Claimant’s regular job at the employer was confined to being a pallet jack driver. He was trained regarding this position and the operation of the pallet jack, he was tested concerning the operational aspects of the job, and he was… Read more »
The U.S. Court of Appeals for the Third Circuit recently affirmed the denial of a criminal defendant’s claim for interest on an excess payment of restitution under the Civil Asset Forfeiture Reform Act (CAFRA), 28 U.S.C. §2465. U.S. v. Craig, No. 11-1697, slip op. (3rd Cir., September 17, 2012). Ryan James Craig was convicted on charges of… Read more »
Pam G. Cochenour will make a presentation on HR Law at the 2012 Pittsburgh Legal Administrators Association Education Conference held in Pittsburgh, PA. Related Information: For more information on the program, please click here.
On September 13, 2012, Laura Pendergest-Holt, the former Chief Investment Officer of Houston-based Stanford Financial Group, was sentenced in U.S. District Court for the Southern District of Texas to 36 months in prison for her role in obstructing the SEC’s investigation of the Stanford International Bank (SIB), the Antiguan off-shore bank owned by convicted financier… Read more »
On September 10, 2012, the United States filed a strong Statement of Interest in one of the first and largest suits involving fraud against the Medicare Part D Prescription Drug program (“Part D”), U.S. ex rel. Spay v. CVS-Caremark Corp, 2:09-cv-04672-RB (E.D. Pa) (Doc. No. 73). This statement, which describes the position of the U.S…. Read more »
Published in AHLA Connections (Sept. 2012) © 2012 American Health Lawyers Association. Reprint permission granted. Related Information: Who Is Enforcing the Stark Law of the United States?
On July 31, 2012, the U.S. Court of Appeals for the Fifth Circuit rendered an opinion in a case of first impression. The Court held that a federal employee, even one whose job it is to investigate fraud, is a “person” under the False Claims Act and may maintain a qui tam action. While other Circuits have… Read more »
Recently, in WEC Carolina Energy Solutions LLC, v. Willie Miller, et al., the U.S. Court of Appeals for the Fourth Circuit held that an employee’s misappropriation of his employer’s trade secrets is not a violation of the federal Computer Fraud and Abuse Act (“CFAA”). By adopting a narrow interpretation of the CFAA, the Court contributed to a… Read more »
The New York Times reports that the more than $3 billion in settlements that the Department of Justice has achieved with companies under the Foreign Corrupt Practices Act (FCPA) since the passage of the act in 1977 have been primarily with foreign companies. The best-known case is that of Siemens, the German global engineering company… Read more »