Friday, May 7, 2021

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Internal Investigations

Many of our clients are increasingly faced with internal investigations, some with complex compliance or whistleblowing features. King & Spalding’s April client alert looks at some of the key considerations before embarking upon any investigation. They also highlight some of the recent developments in case law and legislation in these areas. Finally, they leave you […]
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FCPA Enforcement Has Seemingly Paused Since Biden Inauguration

Richard L. Cassin notes that only one corporate FCPA enforcement action happened in the first four months of 2021 (the January 8 settlement with Deutsche Bank), which is the slowest annual start in a decade. He attributes much of the inactivity to the turnover of the presidency from one party to another, with many changes […]
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A Primer on Gifts and Business Entertainment

Tom Fox continues a series of primers for areas of concern under the Foreign Corrupt Practices Act and for compliance professionals, this time with a focus on gifts and business entertainment. He points out that providing gifts and entertainment to officials is not banned by the FCPA, which notes that they can be “an appropriate […]
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The United States Imposes a Double Whammy on a Government Contractor for Cheating the...

In this notable case, the United States held a government contractor accountable for cheating the service-disabled, veteran-owned small business program by imposing civil and criminal liability on the contractor. This California construction firm paid $2.5 million in a False Claims Act settlement, entered a non-prosecution agreement, and agreed to maintain an ethics and compliance program. […]
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Operation Car Wash Leads to FCPA Conviction

The Eastern District of New York has secured a guilty plea from the former CEO of Brazilian petrochemical company Braskem S.A.  José Carlos Grubisich pleaded guilty to two counts of conspiring to violate the FCPA: Conspiring to violate the anti-bribery provisions. Conspiring to violate the books and records provisions in failing to accurately certify Braskem’s financial […]
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DOJ’s Evolving Enforcement Approach to Off-Label Promotion

Recent settlements between the U.S. Department of Justice and a range of FDA-regulated drug and medical device manufacturers provide a snapshot of the DOJ’s...

Court Grants Government’s Veto Motion but Without Prejudice to Relator; United States District Court...

The district court granted the government’s motion to dismiss a qui tam case alleging healthcare fraud over the objections of the relator. The court agreed that four of the five claims raised in this case were substantially similar to those in an earlier-filed consolidated action, and were therefore barred by the first-to-file bar. The court […]
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A Primer on Charitable Donations and Political Contributions

Tom Fox continues a series of primers for areas of concern under the Foreign Corrupt Practices Act and for compliance professionals, this time with a focus on charitable donations and political contributions. Fox identifies various sources of guidance, including the DOJ’s 2020 FCPA Resource Guide, DOJ Opinion Releases, and the Schering-Plough and Lilly SEC enforcement […]
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The Congressional Research Service Issues New Report on the False Claims Act—The Most Powerful...

The Congressional Research Service just released another report on the False Claims Act called: Qui Tam: The False Claims Act and Related Federal Statutes updated April 26, 2021. The report covers the history of qui tam legislation and litigation, the current state of U.S. law, common elements of whistleblower cases, examples of violations, penalties and […]
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Spinal Surgeon and Device Distributors Settle Kickback Allegations for $4.4 Million

Neurosurgeon Wilson Asfora of South Dakota and two medical device distributorships that he owns – Medical Designs LLC and Sicage LLC – will pay $4.4 million to resolve allegations that he received various illegal payments for using certain medical devices in spinal surgeries he performed. Asfora also allegedly billed federal healthcare programs for medically unnecessary […]
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