Sunday, September 27, 2020

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Former Defense Contractor Sentenced for Taking $4 Million in Kickbacks and Bribes

Over a three-year period, Oregon businessman Brodie Shaw Thomson solicited as much as $4.1 million in illegal kickbacks to steer defense subcontracts that worked on helping wounded veterans, for which he has been sentenced to three years and six months in federal prison, two years supervised release, and $5 million in restitution. Thomson’s company provided […]
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World Bank Debars Spanish Construction Giant

The World Bank has debarred for two years Barcelona-based FCC Construcción S.A. and 36 global subsidiaries, for fraud and collusion involving a $487 million project to help the Colombian government improve water quality, reduce flood risks, and create multi-functional areas along the Río Bogotá. The bank says that the Spanish engineering and construction company arranged […]
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The Herbalife FCPA Enforcement Action: Part 2 – Bribery Schemes and Numbers

In the second of his series of blog posts about the Herbalife FCPA enforcement action, Tom Fox goes into the details of the bribery scheme. “It was clear from the start of Herbalife’s business relationship in China that it was committed to illegal activity which it knew was in violation of the FCPA,” Fox writes. […]
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OFCCP Audits Are Coming: 6 Tips to Help You Prepare

If your company is on OFCCP's newly released audit for this year, PilieroMazza’s Labor & Employment team suggests six tips to properly prepare, to...

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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