Building windows

Vince Farhat

White Collar Defense & Investigations Federal Sentencing Update: New Guidelines May Offer Post-Conviction Relief for White Collar Offenders with No Criminal History

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 […]

White Collar Defense & Investigations Supreme Court Opens Door to SEC and FTC Challenges

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 […]

White Collar Defense & Investigations Justice Department Announces New National Policy for Companies to Self-Disclose Criminal Conduct

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 […]

White Collar Defense & Investigations OIG Issues Special Telehealth Fraud Alert

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). […]

White Collar Defense & Investigations White Collar Enforcement Forecast: What to Expect in 2022

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 […]

White Collar Defense & Investigations New Guidance on Speaker Programs Highlights Potential Compliance Risks for Pharmaceutical Companies and Health Care Professionals

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 […]