Government Enforcement Compliance and White Collar Litigation

Menendez Trial Will Wait On Supreme Court Petition

September 30, 2016

The U.S. Court of Appeals for the Third Circuit granted Senator Robert Menendez’s motion to stay its mandate while he petitions the U.S. Supreme Court to review whether the political corruption charges against him are based on constitutionally protected legislative acts.  As previously documented on this blog, Menendez moved to dismiss the indictment filed in the… Read more »

Alleged Menendez Gift-Giver Loses Bid For Rehearing Of Medicare Overpayment Suit

September 6, 2016

In a prior post, we blogged about the Third Circuit’s ruling that the political case against Senator Bob Menendez can proceed to trial.   Now, in a separate civil matter, the U.S. Court of Appeals for the Eleventh Circuit has denied a rehearing en banc to the Florida opthamologist from whom Menendez allegedly solicited and received bribes. Vitero Retinal… Read more »

A New Era of Laboratory Fraud Explained in Compliance Today

September 2, 2016

PHILADELPHIA, PA – Marc Stephen Raspanti, Pamela Coyle Brecht and Douglas E. Roberts, attorneys at the law firm Pietragallo Gordon Alfano Bosick & Raspanti, LLP, authored an article titled, “A New Era of Laboratory Fraud, Part 1: Operation LabScam Redux,” that was published in the September 2016 edition of Health Care Compliance Association’s Compliance Today. Part 2 of… Read more »

U.S. Tax Court Includes Criminal Fines And Civil Forfeitures In $74 Million Recovery Under IRS Whistleblower Program

August 11, 2016

In Whistleblower 31276-13W v. Commissioner, 147 T.C. No. 4 (Aug. 3, 2016) filed last week, the U.S. Tax Court held that criminal fines and civil forfeitures constitute “collected proceeds” for the purposes of determining an award under IRS’s Whistleblower program.  Husband and wife whistleblowers – described only as “Ps” as their identities were under seal –… Read more »

Informal Efforts To Influence Executive Action Are “Ambiguously Legislative,” Says The Third Circuit In Declining To Toss Menendez Case

August 5, 2016

Senator Bob Menendez’s political corruption case will go forward under a ruling from the U.S. Court of Appeals for the Third Circuit.  In a 22-count indictment, the government alleges that, from 2006 to 2013, Menendez solicited and accepted gifts from a Florida opthalmologist in exchange for, among other favors, (1) influencing an $8.9 million enforcement… Read more »

Understanding Pennsylvania Grand Jury Practice

2016/07/15

Christopher A. Iacono will speak at the Pennsylvania Bar Institute’s CLE titled, “Understanding Pennsylvania Grand Jury Practice.” The CLE will take place in Pittsburgh on July 15 and in Philadelphia on July 21, 2016.

Trials Must Be Speedy, Sentencings Not So Much

June 1, 2016

The Sixth Amendment to the U.S. Constitution guarantees the “right to a speedy and public trial” to those accused in criminal proceedings.  Federal and state courts have long grappled with the question whether speedy trial rights protect defendants from inordinate delays in sentencing.  Recently, in Betterman v. Montana, Case No. 14-1457, the U.S. Supreme Court answered… Read more »

A Primer On Federal And Pa. Electronic Surveillance Law

May 31, 2016

Recently, news broke that not one but two former high-ranking Pennsylvania state officials—former Treasurer Rob McCord and John Estey, the one-time top aide to Gov. Ed Rendell—secretly recorded conversations, potentially thousands of them, with political and business leaders at the behest of federal law enforcement. These revelations bring focus on the regulations concerning electronic surveillance… Read more »

Defend Trade Secrets Act Revolutionizes Federal Trade Secrets Practice

May 16, 2016

On Wednesday, May 11, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law. The DTSA revolutionizes trade secrets practice at the federal level. Its passage will likely multiply the number of trade secrets cases litigated in federal court. We provide a few highlights: First, the DTSA allows the owners of trade secrets to… Read more »

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