The Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury recently published sanctions compliance guidance for the virtual currency industry (the Guidance). The move was long anticipated, given the rapid industry growth and limited regulator guidance in this space. The Guidance provides an overview of OFAC sanctions requirements and procedures, including … Continue Reading
In this article for the Consumer Privacy World Blog, John Burlingame and Kristin Bryan discuss a recent federal district court decision which calls into question the application of attorney work-product privilege to work-product prepared by consultants in anticipation of litigation.… Continue Reading
In remarks to the Association of Certified Anti-Money Laundering Specialists (“ACAMS”), Kenneth A. Blanco, the Director of the U.S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”), covered a number of high-priority topics, including FinCEN’s response to the pandemic, the latest COVID-19 related fraud schemes, emerging cyber threats, virtual currency issues, and important regulatory updates. A theme … Continue Reading
This week, in a 3-2 vote, the U.S. Securities and Exchange Commission (“SEC” or the “Commission”) approved significant changes to the rules governing its whistleblower program. The program, established by the Dodd-Frank Act in 2011, incentivizes those with information about possible securities law violations to report to the SEC. If the tipster provides “high-quality original … Continue Reading
Release of $4.9 billion in financial assistance for nursing homes, which care for high risk seniors, is not all good news. Already facing difficult times, skilled nursing facilities will receive even more scrutiny to account for the money. Read tips here from former prosecutors Marisa Darden, David Maria, and Tom Zeno.… Continue Reading
A judge recently ordered Capital One to disclose its cybersecurity report about a data breach. For tips on how to keep such reports under attorney client privilege, go to our post here on the Consumer Privacy World blog by Colin Jennings, Ericka Johnson, and Dylan Yépez.… Continue Reading
Although the rapid shift to telehealth is a boon to providers and patients, the federal government has issued specific guidance that providers need to follow. See tips for compliance provided by David Maria, a former federal prosecutor and member of the Department of Justice Medicare Fraud Strike Force, and Trevor Garmey, a Senior Associate with … Continue Reading
Production of personal protective equipment (PPE) for the national emergency poses legal and regulatory risk. See our discussion of available protections by Marisa Darden and Marques Richeson on our Global Supply Chain Law blog… Continue Reading
Manufacturing hand sanitizer to help meet the global demand presents a great opportunity for companies looking to find new markets. However, successful marketing requires compliance with regulatory oversight. See our discussion by Marisa Darden and Marques Richeson on our Global Supply Chain Law blog… Continue Reading
Joseph “Jody” Hunt, Assistant Attorney General for the Civil Division, provided a glimpse of current civil enforcement priorities of the Department of Justice (DOJ). Speaking at the Federal Bar Association’s annual Qui Tam Conference on February 27, 2020, Hunt pledged that DOJ would pursue qui tam cases involving nursing homes, Medicare Advantage plans, and electronic … Continue Reading
While the world and markets are reeling, dealing with and adapting to the COVID-19 pandemic, the Securities & Exchange Commission’s (SEC’s) Division of Enforcement wants companies and individuals to know that it’s business as usual at the SEC. This week, Stephanie Avakian and Steven Peikin, Co-Directors of the SEC’s Enforcement Division, issued a statement regarding … Continue Reading
The US Department of Justice (DOJ) swept up more than 400 defendants for committing fraud against elder citizens this month. The sweep crossed international boundaries as DOJ attacked fraud against elders conducted by “transnational criminal organizations.” The sweep is part of DOJ’s overall attack against the five subtypes of elder abuse.… Continue Reading
The US Department of Justice recently extradited an individual from Sicily to face an antitrust violation in the US. Barry Pupkin explains this is developing trend. Read his analysis here.… Continue Reading
In his semi-annual report to Congress, Michael K. Atkinson, the intelligence community’s inspector general, expressed “hope that recent events will not have a chilling effect on the willingness of individuals within the Intelligence Community to continue to shed light on suspected fraud, waste, abuse, or malfeasance in an authorized manner.” In an article published in Corporate … Continue Reading
Learn from the experts how you and your organization can navigate a congressional investigation from start to finish. Our webinar on Wednesday, December 18, will help you understand the basics of a congressional investigation and what is required to avoid irreparable harm to business or reputation. Margaret Daum, partner and former Staff Director at the US Senate Committee … Continue Reading
A Red Notice allows for detention of an international fugitive. But the practice has been criticized for abuse. In response, a bipartisan group of Congresspersons have introduced the Transnational Repression Accountability and Prevention Act (“the TRAP Act”). This reform legislation, if enacted, will affect politically-motivated Red Notices and enforcement of them around the world.… Continue Reading
With day four of public hearings in the President Trump’s impeachment proceedings, Ukraine is on everyone’s mind. In his public testimony on November 19, 2019, Lieutenant Colonel Vindman mentioned several of Ukraine’s anti-corruption efforts, including the establishment of High Anti-Corruption Court. For the most part, however, consistent with the origin of the impeachment inquiry, the … Continue Reading
A new strike force of federal and state investigators is targeting antitrust violations in government procurement. The strike force consists of investigators from a variety of agencies who will receive special training in detecting and prosecuting antitrust agreements. The strike force seeks to increase both criminal and civil enforcement actions.… Continue Reading
Malicious actors want to take your data. When they have it, they will make you pay to get it back. Learn about ransomware and how to prepare against it with this informative and practical client alert. … Continue Reading
Following its agreement with the United Kingdom, the United States announces formal negotiations are underway with Australia about joining the CLOUD Act. Although also a bi-lateral negotiation, the U.S. talks with Australia strike a more practical tone than those with the U.K.… Continue Reading
Saying it will accelerate complex investigations, the United States and the United Kingdom proposed an historic data exchange agreement. In future, each government will be able to obtain electronic data directly from technology companies in the other country. The governments also say this first of its kind agreement will protect privacy and enhance civil liberties.… Continue Reading
A post on our Triage blog discusses a decision about the legality of changing medical billing codes in order to maximize revenue from the government. Can that be done consistent with the False Claims Act? See the discussion here.… Continue Reading
Sometimes an investigation of corporate conduct results in criminal charges. Will an insurance policy protecting Directors and Officers (D&O) pay the costs of those criminal charges? Larry Schiffer reports on a recent decision from the Eleventh Circuit interpreting Florida law. Larry’s post (here) reveals the importance of knowing the scope of your policy. … Continue Reading
The Antitrust Division of the Department of Justice (“Division”) now considers a company’s compliance program at the charging and sentencing stages in a criminal antitrust investigation. The Division incorporated these changes into the Justice Manual. The Division also published a guide for evaluating compliance programs under this new approach.… Continue Reading
