Monday, September 21, 2020

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Federal False Claims Act Wrap Up – September 2020

Miles & Stockbridge looks at two recent federal decisions concerning the False Claims Act: In Ndoromo v. Barr, a plaintiff representing himself sued the federal government under the False Claims Act, after it seized his funds and personal property in a civil forfeiture action. The judge dismissed the claim, noting that the FCA is supposed […]
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Why Payment Facilitation is Out of FCPA’s Anti-Bribery Reach

Recently, the State Department released 2020 “Investment Climate Statements,” covering over 170 foreign markets. They are prepared by “economic officers at U.S. embassies and diplomatic missions” to help U.S. companies make informed business decisions, and corruption is prominently mentioned in most of them. Mike Koehler notes that the statement for Mongolia provides a reminder of […]
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Tracking Fraud, Waste and Abuse of COVID-19 Relief Funds

DOJ has launched more than 50 criminal prosecutions against entities who allegedly fraudulently sought or obtained Paycheck Protection Program loans and other funds that Congress appropriated in response to the pandemic. The prosecutions vary in scope, but in many instances the defendants are borrowers who allegedly lied to lenders about their eligibility, payroll needs, or […]
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The Herbalife FCPA Enforcement Action: Part 1 – Introduction

In part 1 of a new blog series, Tom Fox breaks down the Herbalife FCPA enforcement action. The company recently entered into a deferred prosecution agreement with the Department of Justice and a cease and desist order with the SEC, resolving allegations of bribery and false books and records violations. The company agreed to pay […]
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Bad Landlord Can Be Held Liable for FCA Claims Under HUD Contracts; United States...

The district court denied most of a motion to dismiss FCA claims connected to HUD public housing contracts. The relator alleged her landlord failed...

False Claims Act Update: Third Circuit Widens First-to-File Circuit Split

Last week, in the In re Plavix decision, the Third Circuit addressed the question of whether relators can be added or substituted in an amended complaint and, in the process, weighed in on whether the first-to-file bar is jurisdictional. Widening an existing circuit split on the issue, the court held that the first-to-file bar is […]
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The Importance of the Internal Audit and Compliance Partnership

Responding to the International Institute of Auditors’ recent proclamation of a revised and controversial Three Lines of Defense Model, which he feels “misses the mark,” Michael Volkov underscores the importance of the internal audit and compliance functions to effective internal controls, including ethics and compliance programs. “Internal audit and compliance need to work together,” Volkov […]
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Beyond Mere Legal Compliance

Caroline M. DiMauro of Jackson Lewis advises that companies’ treatment of employees during the current upheaval in the workforce — beyond termination decision-making or strict legal compliance — can affect their exposure to employment issues. “While companies should always focus on the legal risks associated with their employment decisions, often it is the less obvious, […]
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OFCCP Takes Next Step in Establishing an Annual AAP Certification Program

The OFCCP has published an Information Collection Request saying the agency is seeking “authorization for an annual Affirmative Action Program online certification process for federal contractors and for a secure method for federal contractors to submit AAPs electronically to OFCCP when they are scheduled for a compliance evaluation.”  The notice requests public comments, which are […]
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Quantadyn Corporation and Owner Settle False Claims Act Allegations of Bribery to Obtain Government...

QuantaDyn Corporation, a Virginia-based software engineering firm, has agreed to resolve allegations it participated in a bribery scheme to steer government contracts for training simulators to the company, while also pleading guilty to criminal charges. QuantaDyn will pay over $37.75 million in restitution, which also will resolve the company’s civil False Claims Act liability. Company […]
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