In 2013, the Securities and Exchange Commission (“SEC”) announced a new policy requiring admissions as part of settlement in certain cases. While still using “no admit, no deny” in the majority of cases, the SEC, in certain circumstances, will now require defendants to admit wrongdoing in order to settle with the agency. While some heralded… Read more »
Mental health care providers should be mindful that DOJ has maintained its vigilance in pursuing false claims cases against mental health care providers when evidence calls into question the extent of services provided or demonstrates that the claimed services were not medically necessary. The most recent example is the case of Santiago Borges, Erik Alonso,… Read more »
On Friday, the DOJ announced it had reached an agreement with an Ohio health system to settle allegations of violations of the False Claims Act for costs resulting from medically unnecessary procedures performed at one of the system’s hospitals. Under the agreement, Cincinnati-based West Chester Hospital and its parent company, UC Health, will pay $4.1… Read more »
The practice of lobbying and government relations, particularly on behalf of companies doing business with the government, has long been a focus of DOJ investigators and prosecutors. They are known to look skeptically at the purpose of “consulting fees,” particularly when those consulting fees appear to be spun into political contributions. One recent example is… Read more »
While the Computer Crime and Intellectual Property Section (CCIPS) of DOJ has been in existence for nearly 20 years, the emphasis on criminal enforcement of intellectual property laws has gained significant importance in more recent years. Beginning with its Task Force on Intellectual Property more than ten years ago, DOJ has continued to ramp up… Read more »
Anyone finding him or herself on the receiving end of an SEC administrative enforcement action must wait until that one is over before seeking to raise judicial challenges, even those based on the U.S. Constitution, to the Commission’s proceeding. At least that was the conclusion reached by a panel of the DC Circuit on Tuesday in the… Read more »
A series of recent high profile prosecutions of attorneys or persons affiliated with law firms for insider trading has highlighted the government’s concern about attorneys and law firm personnel misusing information shared by clients. Law firms, particularly those representing public companies, are entrusted on a regular basis with sensitive information regarding proposed mergers, acquisitions and… Read more »
It is not uncommon in the financial services industry, particularly in matters involving the departure of partners or brokers, for there to be accusations that the departing person has taken with them confidential information. Typically these disputes involve threats of or actual lawsuits and motions for injunctive relief, usually involving client lists and other proprietary… Read more »
On Tuesday, Assistant Attorney General Leslie R. Caldwell expanded upon DOJ’s new policy focus on pursuing individuals in connection with the prosecution of corporate wrongdoing. Assistant Attorney General Caldwell, speaking to the Second Annual Global Investigations Review Conference in New York, took the opportunity to throw the spotlight on the policy shift that was previously… Read more »
On Monday, two former officials and one broker for the now defunct Peanut Corporation of America (“PCA”) were sentenced by Senior U.S. District Judge W. Lewis Sands of the Middle District of Georgia for their roles in a conspiracy to defraud customers by shipping salmonella-positive peanut products. Stewart Parnell, the former owner and president of… Read more »