U.S. District Court For The District Of Columbia Finds That Alleged Cybersecurity Vulnerability Is...
In a decision sure to bring some comfort to contractors providing information technology equipment and services to the federal government, a U.S. district court judge recently granted a motion to dismiss a False Claims Act (FCA) suit, finding that the relator both failed to establish materiality under the FCA and failed to prove the necessary […]
The CFTC’s Enforcement Division Again Puts Market Participants on Notice About Its Expectations Concerning...
The Enforcement Division of the Commodity Futures Trading Commission has issued public, staff-level guidance outlining factors it will consider when evaluating compliance programs in connection with enforcement matters. This new guidance follows a series of reminders about how CFTC regulators view compliance programs, and a May update of the CFTC’s civil monetary penalty guidance. It […]
The Commodity Futures Trading Commission Division of Enforcement has released its long-awaited “Guidance on Evaluating Compliance Programs in Connection with Enforcement Matters,” which will be incorporated into CFTC’s enforcement manual and used by the commission’s enforcement staff when reviewing the efficacy of corporate compliance programs. The guidance emphasizes that CFTC expects companies to take a […]
In a special five-part podcast series, Tom Fox takes a deep dive into the recent Herbalife FCPA Resolution, featuring Mike Volkov, Jay Rosen, Jonathan Marks, and Jonathan Armstrong with their perspectives on this settlement. In this 12-minute presentation, Matt Kelly joins Fox to consider the role of internal audit in this matter and the actions […]
The Office of Foreign Assets Control has settled with Generali Global Assistance Inc., a US-based company that has agreed to pay $5.864 million for 2,593 violations of the Cuban Sanctions Program. From 2010 to 2015, GGA provided travel services valued at $285,760 to two Canadian insurers for medical expenses, travel insurance, and emergency travel insurance […]
Over-Valuation of Acquired Medical Facility Might Be Illegal Kickback; United States District Court for...
The district court granted the defendants’ motion to dismiss a qui tam complaint alleging violations of the Anti-Kickback Statute and False Claims Act. The relator alleged the defendants knowingly paid a significantly high price to acquire a surgery center, and intended the overpayment as a kickback to the former owners to induce them to continue […]
Relator Adequately Alleged Financial “Recycling” Scheme but No Actual False Claim; United States District...
The district court dismissed a complaint alleging that a group of healthcare entities fraudulently obtained federal reimbursements under the Medicaid program by using a series of financial transactions and intergovernmental agreements to disguise the original source and destination of the funds. The relator alleged that a state agency designated a payment to a private healthcare […]
In this episode, hosts Jacinta Alves and Mana Lombardo discuss DOJ FCA investigations and common mistakes that targets make in defending these investigations with partner Michael Shaheen. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act. More at Crowell & Moring
Joint ventures can present more difficult compliance issues than mergers and acquisitions, because of the control issues present in ventures with foreign governments or state-owned enterprises. In fact, the very features that make them attractive – such as the relationship with local organizations – also introduce risks. “JVs present a unique set of FCPA risks […]
Ronnie Simpkins, a former federal contracting officer who oversaw the General Services Administration’s IT Schedule 70, was sentenced to nearly two years in prison after pleading guilty to charges that he received bribes from a commercial vendor to skirt eligibility rules and avoid paying fees required of all GSA vendors. In exchange for over $12,000 […]