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President Donald J. Trump has issued an executive order rescinding requirements that federal contractors implement affirmative action programs, and targeting companies that have diversity, equity, and inclusion (DEI) initiatives. This Presidential directive creates real risk of potential civil False Claims Act (FCA) liability for healthcare companies, federal contractors, and federal grant recipients that maintain DEI […]
The bipartisan United States Sentencing Commission voted unanimously to prohibit conduct for which a person was acquitted in federal court from being used to calculate a sentence range under the advisory federal sentencing guidelines. The Commission also approved additional reforms, including those that bring uniformity to sentencing for certain gun and financial crimes and provide […]
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). […]
An article by Vince Farhat titled “White-collar enforcement forecast: what to expect in 2022” was published by Westlaw. Justin Anderson and Lena Streisand contributed to the article.
