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In August 2023, the U.S. Sentencing Commission announced that it would allow for the retroactive application of Amendment 821, which provides (in Part B) a decrease of two offense levels for “Zero-Point Offenders” whose crime did not involve aggravating factors. As a result, certain currently incarcerated individuals may be eligible for reduced sentences, effective February […]
On June 1, 2023 in United States et al. ex rel. Schutte v. SuperValu Inc., the Supreme Court rejected an attempt to shift the scienter requirement in federal False Claims Act (FCA) cases. The Court unanimously reaffirmed the current standard, which requires a defendant to act “knowingly,” with actual knowledge, deliberate ignorance, or reckless disregard. […]
The Supreme Court has imposed new restrictions on federal white collar fraud prosecutions in two related cases stemming from alleged corruption during the tenure of former New York Governor Andrew Cuomo, continuing a trend of push-back against what the Court perceives as federal prosecutorial overreach. In rulings issued on May 11, 2023, the Court unanimously […]
The U.S. Supreme Court just made it easier to raise constitutional challenges to the use of special administrative courts by federal agencies such as the Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC). Companies pulled into time-consuming and expensive FTC and SEC administrative proceedings now have the option of going straight to […]
On February 22, 2023, the U.S. Department of Justice (DOJ) announced a new policy for corporate criminal enforcement, governing how all U.S. Attorney’s Offices (USAOs) across the country determine whether a company has made a voluntary self-disclosure of criminal wrongdoing, and how USAOs will credit companies for making such disclosures. This new policy sets a […]
Congress passed the Corporate Transparency Act of 2021 (CTA) as part of the Anti-Money Laundering Act of 2020 (AMLA) included in the National Defense Authorization Act (NDAA). The CTA created a beneficial ownership registry within the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). On September 29, 2022, FinCEN issued a final rule […]
During the COVID-19 pandemic, healthcare providers greatly expanded their use of telehealth services to provide medically necessary care to their patients. Practitioners’ increased use of telehealth services also led to greater law enforcement scrutiny by the U.S. Department of Health and Human Services Office of Inspector General (OIG) and the U.S. Department of Justice (DOJ). […]
The Biden Administration is ramping up white collar enforcement in 2022. Whereas fines and prosecutions of white collar offenses declined under the previous administration, we are seeing increased white collar enforcement under the Biden Administration as it implements new strategies on countering corruption, and new leadership is installed at the U.S. Department of Justice and […]
by Vince Farhat and Lena Streisand Deputy Attorney General Lisa O. Monaco recently announced new policies targeting corporate white collar crime and reversing Trump-era guidelines deemed too lenient by the current leadership at the U.S. Department of Justice (“DOJ”). In an October 28, 2021 address to the American Bar Association’s National Institute on White Collar […]
by Vince Farhat and Lena Streisand The PhRMA Code on Interactions with Health Care Professionals (PhRMA Code or Code) is a voluntary code of ethics covering pharmaceutical company dealings with health care professionals (HCPs). Signatory companies submit annual certifications attesting that they have policies and procedures in place to foster compliance with the Code. First […]
