Government Enforcement Compliance and White Collar Litigation

Search and Seizure Commentary

June 24, 2017

Search Warrant Execution: Keeping the Wolves at Bay One of the most stressful events that any entity can face is the unannounced execution of a search warrant by federal and/or state law enforcement agents. If the situation is not handled with cool-headed competence, it can wreak lasting havoc on any business, from a one-physician medical… Read more »

Ohio Attorney General Sues Pharmaceutical Companies Over Opioid Marketing – Yet Another Sign Of Government Focus On Recovering Financial Cost Of Opioid Epidemic

June 12, 2017

Last week, Ohio Attorney General Mike DeWine filed a lawsuit against multiple pharmaceutical companies, including Purdue, Teva, Johnson & Johnson, and Janssen.  The suit alleges that, beginning in the late 1990’s, the companies disseminated false information about the risks and benefits of long-term opioid use through million dollar marketing schemes intended to de-stigmatize opioids and… Read more »

Attorney General Announces New DOJ Charging And Sentencing Policy

May 17, 2017

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 »

Executive Director of Ocean City Housing Authority Pleads Guilty to Embezzling Federal Funds

May 15, 2017

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 »

Second Notice of Appeal Required to Challenge Deferred Restitution Award

April 27, 2017

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 »

The Future of FCPA Enforcement Under the Trump Administration

April 21, 2017

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 »

Health Care Prosecutions Continue in New Administration

April 10, 2017

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 »

Sexual Harassment Claims at Educational Institutions, Including Medical Residence Programs, Covered by both Title VII and Title IX

March 31, 2017

On March 7, 2017 the Third Circuit issued its opinion in Doe v. Mercy Catholic Med. Ctr., 16-1247, — F.3d —-, 2017 WL 894455 (3d Cir. Mar. 7, 2017) addressing two matters of first impression in the Third Circuit: (a) whether a hospital’s residency program was an education program under Title IX of the Education Amendments of 1972; and… Read more »

Mobile Health App Makers Investigated For Fraud Into Settlement With The Office Of The Attorney General For The State Of New York

March 28, 2017

New York State Attorney General, A.G. Schneiderman, has put mobile health application developers on notice – “We won’t tolerate non-evidence-based apps that threaten the wellbeing of New Yorkers”. On March 23, 2017, AG Schneiderman announced settlements with three mobile health application developers after a year-long investigation into the marketing of mobile health applications distributed through… Read more »

Odebrecht and Braskem to Pay Record-Setting FCPA Penalty

January 4, 2017

Brazilian conglomerate Odebrecht S.A., and its affiliated petrochemical company, Braskem S.A., agreed to pay at least $3.2 billion combined to resolve criminal charges that the companies conspired to violate the anti-bribery provisions of the Foreign Corrupt Practices Act.  The scheme, as described by the government in documents filed in the U.S. District Court for the… Read more »

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