On May 10, 2017 Attorney General Jeff Sessions issued a memorandum to all federal prosecutors setting out the new administration’s policy on charging and sentencing. The directive may result in more frequent use of mandatory minimums and longer sentences for offenders. Under the new policy, federal prosecutors are directed to charge and pursue the “most serious” and… Read more »
On May 10, 2017 Attorney General Jeff Sessions issued a memorandum to all federal prosecutors setting out the new administration’s policy on charging and sentencing. The directive may result in more frequent use of mandatory minimums and longer sentences for offenders. Under the new policy, federal prosecutors are directed to charge and pursue the “most serious” and… Read more »
A recent case in the District of New Jersey, United States v. Alesia Watson, No. 17-05537 (D.N.J.), illustrates the government’s continued efforts against white collar crime. The executive director of the Ocean City, New Jersey Housing Authority (the “OCHA”) pleaded guilty to embezzling federal funds received from the U.S. Department of Housing and Urban Development (“HUD”)… Read more »
Marc Stephen Raspanti and Pamela Coyle Brecht will speak at the “Current Trends in False Claims Act/Qui Tam Whistleblower Litigation,” CLE presented by the SC Bar CLE Division, SC Federal Bar Association Qui Tam Section, and the Charleston School of Law. Marc will discuss, “Ten Practice Tips for Relators- Doing Your Best to File a Winning Qui Tam… Read more »
On April 7, 2017, the Commonwealth Court of Pennsylvania issued its opinion in Chestnut Hill College v. Pennsylvania Human Rel. Commn., 844 C.D. 2016, — A –, 2017 WL 1289250, (Pa. Commw. Apr. 7, 2017), holding, in a case of first impression, that a Catholic college’s decision to expel a student could be challenged under the… Read more »
To attract high caliber employees, employers sometimes commit to employment for a fixed period through an employment contract. Not surprisingly, those employees with the leverage to command an employment contract typically represent a serious competitive threat once they leave the company. Given that dynamic, most employment contracts include restrictive covenants, such as non-solicit or non-compete… Read more »
The Mandatory Victims Restitution Act, 18 U.S.C. § 3663(a), requires courts to impose restitution as part of the sentence for defendants convicted of certain crimes. But sometimes at sentencing, the amount of restitution to be imposed is not yet known. In such instances, the court may enter a judgment that sets aspects of the punishment,… Read more »
In 2015 and 2016, the Securities and Exchange Commission and the Department of Justice racked-up record recoveries under the FCPA in both civil and criminal fines. It was the largest amount collected in history. The SEC and the Department of Justice seemed to forge a well-oiled machine when it came to investigating and prosecuting myriad… Read more »
Speculation is rampant concerning if and how the priorities of the U.S. Department of Justice will change under Attorney General Sessions. Looking at it from a different perspective, it is likely that certain priorities of the Obama administration will remain. Below I highlight a few recent cases involving healthcare prosecutions – an area that is… Read more »
As we head into the second quarter of an already turbulent 2017, it is worth reflecting on the truly extraordinary events of 2016. Of course, there was the hotly-contested, historic election in November, which may usher in sweeping changes to our nation’s healthcare system. Although the potential impact of these future changes remains to be… Read more »