Whether attributable to the pandemic effect of remote work, layoffs and furloughs, or the slew of recent substantial awards, the SEC’s whistleblower tip line is lighting up with greater frequency. Companies are understandably focused on the panoply of challenges to their businesses posed by the pandemic and its economic impacts, but they ignore heightened whistleblower
Latest from Does Crime Pay? - Page 7
Not Very New Wine in an Old Bottle: Recent Revisions to the DOJ FCPA Resource Guide
The Department of Justice (DOJ) just released an updated version of its Resource Guide to the Foreign Corrupt Practices Act. While the new version does not announce any groundbreaking changes, it now includes updates and references to recently issued policies, such as the DOJ’s Corporate Enforcement Policy, Evaluation of Corporate Compliance Programs, and the Corporate
Not Very New Wine in an Old Bottle: Recent Revisions to the DOJ FCPA Resource Guide
The Department of Justice (DOJ) just released an updated version of its Resource Guide to the Foreign Corrupt Practices Act. While the new version does not announce any groundbreaking changes, it now includes updates and references to recently issued policies, such as the DOJ’s Corporate Enforcement Policy, Evaluation of Corporate Compliance Programs, and the Corporate
Government Signals Shift in Enforcement Focus from Price-Gouging to Stimulus Fraud
Various federal agencies – particularly the FBI and the DOJ – have been vocal in announcing efforts to ferret out fraud and other criminal activity arising out of the COVID-19 pandemic. As described in prior blog posts on this site (here and here), the government focused on pandemic profiteering, such as price gouging
The Strange Twists in the Investigation and Prosecution of Turkish Bank Halkbank
In his recently published book, “The Room Where It Happened,” former national security adviser John Bolton reported that in late 2018 in Buenos Aires, President Trump assured Turkish President Tayyip Erdogan that he would stop the then-ongoing criminal economic sanctions investigation of Halkbank in the Southern District of New York. Halkbank is a bank majority-owned
Criminal Enforcement Risks for Nursing Homes During the COVID-19 Pandemic
With the COVID-19 pandemic sweeping the U.S., nursing homes have been ground zero for infections and deaths. According to new data released by the Centers for Medicare & Medicaid Services (“CMS”), there were 29,457 U.S. nursing home deaths from COVID-19 through the first week of June 2020.
With COVID-19, the criminal enforcement landscape for nursing
Did Thousands of Doctors and Pharmacists Prescribe Dangerous and Ineffective Medication to Treat COVID-19?
On June 15, 2020, the Food and Drug Administration (FDA) withdrew its emergency use authorization (EUA) to use hydroxychloroquine to treat COVID-19. According to the FDA, there is “no reason to believe” the drug is effective against the coronavirus, and its use increased the risk of serious side effects, such as heart problems. The FDA’s
Supreme Court further Curtails SEC Remedies in Civil Enforcement Proceedings
Three years ago, the Supreme Court issued its decision in Kokesh v. U.S. Securities and Exchange Commission, 581 U.S. ___ (2017), holding that the remedy of disgorgement in SEC civil enforcement proceedings constitutes a penalty for statute of limitations purposes. Kokesh was issued alongside the decision in Honeycutt v. United States, 581 U.S. ___ (2017),
Avoiding Liability For Hoarding and Price Gouging During the COVID-19 Pandemic
Federal and state authorities are creatively using the Defense Production Act (“DPA”), state anti-price gouging and consumer protection statutes, and antitrust laws to go after alleged price gougers and hoarders. This article, the final in our series on anti-hoarding and price gouging enforcement efforts, takes a look at various ways businesses can avoid liability.
The
Efforts to Combat COVID-19 Price Gouging Ramp Up
As the COVID-19 pandemic worsens, public pressure has led to increased efforts to investigate and punish those engaging in hoarding and price gouging of essential items across the country.
The Authorities and Civil Plaintiffs Have Relied on Creative Means to Target Perceived Price Gouging
On March 24, 2020, United States Attorney General William P. Barr