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Cybersecurity Compliance on U.S. Government Contracts and Subcontracts

By Karen Harbaugh and Richard Gibbon on Posted in cybersecurity, Department of Justice, False Claims Act (FCA), Fraud, ransomware, United States, US Department of Justice, Whistleblowing
The U.S. Department of Justice announced late last year that it would utilize the False Claims Act, the U.S. government’s primary civil tool to redress false claims for federal funds and property, to bring actions against U.S. government contractors and subcontractors who do not meet the cybersecurity requirements of a particular contract or grant. The … Continue Reading

The UAE Continues to Combat Bribery and Corruption

By Richard Gibbon, Malak Abbas and Teresa Azzam on Posted in Anti-corruption, bribery, corruption, FATF, Fraud, United Arab Emirates
The United Arab Emirates (the “UAE”) continues to lead the Arab world in terms of its anti-bribery and corruption (“ABC”) endeavors. The UAE offers a business-friendly environment with an effective and efficient public administration; it criminalizes active and passive bribery, embezzlement, abuse of functions, and facilitation payments, it enforces its domestic ABC legislation and it … Continue Reading

DOJ Prioritizes Health Care Fraud in the Pandemic

By Chase Goldstein on Posted in bribery, Compliance Program, corruption, COVID-19, Department of Justice, False Claims Act (FCA), Fraud, Healthcare, Industry Investigations, telemedicine
The Department of Justice (“DOJ”) recently announced its largest ever health care fraud and opioid enforcement action.  In a coordinated effort, DOJ charged 345 defendants with more than $6 billion in fraud losses for submitting false and fraudulent claims to federal health care programs and private insurers.… Continue Reading

Cryptocurrency Exchange and its Executives Face Allegations of Failing to Maintain an Adequate AML Program

By Kevin McCart and Rebecca Worthington on Posted in anti-money laundering, Bank Secrecy Act, Commodities Futures Trading Commission, Compliance Program, Cryptocurrency, Department of Justice, FinCEN, Fraud, Government Investigation, OFAC
Two U.S. authorities recently announced actions against four individuals and numerous entities associated with BitMEX, an online trading platform for futures contracts and other derivative products tied to the value of cryptocurrencies.  Both actions allege that BitMEX failed to put in place required anti-money laundering programs and procedures, and serve as a reminder that institutions … Continue Reading

FinCEN Director Blanco Encourages Increased Communication During Global Pandemic

By Squire Patton Boggs on Posted in Anti-corruption, anti-money laundering, Bank Secrecy Act, Compliance Program, COVID-19, cybersecurity, Data Protection & Privacy, FinCEN, Fraud, Healthcare
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

SEC Approves Changes to Its Whistleblower Program

By Squire Patton Boggs on Posted in Anti-corruption, corporate compliance, Fraud, Government Investigation, Industry Investigations, Securities Litigation and Enforcement, U.S. Securities and Exchange Commission, Whistleblowing
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

Supreme Court Trims Wire Fraud Theory of Public Corruption in Bridgegate Decision

By Benjamin Glassman on Posted in Anti-corruption, Fraud
In Kelly v. United States, 590 U.S. — (May 7, 2020), the Supreme Court recently reversed the federal fraud convictions of former public officials Bridget Kelly and William Baroni arising out of the Bridgegate scandal.  The decision limits the applicability of the federal wire fraud statute to public corruption, and it will affect how such … Continue Reading

DOJ and SEC – Aggressive Measures on Coronavirus Fraud

By Colin Jennings and Ayako Russell on Posted in COVID-19, Fraud, U.S. Securities and Exchange Commission, US Department of Justice
The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have taken legal actions to combat fraud arising out of the COVID-19 health emergency. DOJ Restraining Order On March 23, 2020, the U.S. District Court for the Western Division of Texas issued a temporary restraining order to halt a predatory wire fraud scheme … Continue Reading

Government Presses Extraterritoriality of Wire Fraud Statute

By Ayako Russell on Posted in Department of Justice, Fraud, US Department of Justice
In a recent brief to the Ninth Circuit Court of Appeals, the government argues that the federal wire fraud statute applies extraterritorially. This is yet another avenue through which federal authorities seek to acquire jurisdiction over conduct occurring outside the United States, particularly where the victims are US nationals, including corporations, or are located in … Continue Reading

United Arab Emirates Courts Convict Fraudsters; Warn Banks and Telecoms Providers

By Richard Gibbon and Sassi Riar on Posted in Fraud, Telecommunications, United Arab Emirates
The onshore and offshore courts of the United Arab Emirates (UAE)—that is to say, the courts in “mainland” UAE and the courts in the free zones of the UAE, respectively—have issued a number of recent convictions for fraud. In one noteworthy case, the Dubai Court held a local bank responsible for an AED 4.7 million … Continue Reading

False Claims Act Recoveries Back On The Rise

By Chase Goldstein on Posted in Anti-corruption, Department of Justice, False Claims Act (FCA), Fraud, US Department of Justice
After a dip in the 2018 fiscal year, False Claims Act (FCA) settlements and judgments are back and climbing. The Department of Justice (DOJ) recently announced that it had obtained more than $3.05 billion from FCA settlements and judgments for the 2019 fiscal year. 2018 may have just been an aberration after the 2010s saw … Continue Reading

New Antitrust Strike Force Focuses on Government Contracts

By Squire Patton Boggs on Posted in Department of Justice, Fraud, US Department of Justice
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

Anti-Corruption Guidance in Russia: What’s a Company to Do?

By Patrick Brooks on Posted in Anti-corruption, bribery, Compliance Program, corporate compliance, corruption, Department of Justice, Foreign Corrupt Practices Act (FCPA), Fraud, Government Investigation, Russia, Sanctions, Sentencing, US Department of Justice
Anti-corruption has been a hot topic in Russia for some time. But recently, the Russian government has begun to take creative approaches in the fight against corruption. These initiatives are aimed at raising public awareness of corruption among the general public. What appears to be missing in this outreach is compliance guidance to companies in … Continue Reading

Will Russia Provide Missing Links to Murder, Kickbacks, Bribery?

By Squire Patton Boggs on Posted in Anti-corruption, anti-money laundering, Anti-money laundering measures, corruption, Department of Justice, Fraud, Russia, US Department of Justice
The case against Leonid Teyf, a Russian citizen, in a federal court in North Carolina has enough juicy facts for an international crime novel. The U.S. prosecutors need evidence to convict Teyf and his accomplices of the central charges, stemming from an alleged kickback scheme in Russia. Will Russia provide missing links?… Continue Reading

DOJ Recovers More Than $2.8 Billion for False Claims

By Rebecca Worthington on Posted in Department of Justice, False Claims Act (FCA), Fraud, Healthcare, US Department of Justice
The federal government’s recoveries for false claims during FY2018 topped $2.8 billion. The Department of Justice (DOJ) recently released this and other statistics for its civil False Claims Act recoveries since 1986. Although the most numerous and lucrative recoveries occurred in the health care industry, the DOJ reported 35 new qui tam cases involving the Department … Continue Reading

CMS Proposes Invalidating Adjuster Methodology and Recouping Past Improper Payments From Medicare Advantage Organizations

By Ayako Russell and Colin Jennings on Posted in Fraud, Healthcare
On October 26, 2018, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule that will, among other initiatives, allow CMS to recover higher dollar amounts of improper payments made to Medicare Advantage. To read more about this ruling and what it might mean for you, click here to read a recent Squire Patton … Continue Reading

Third Circuit Clarifies Public Disclosure Bar in False Claims Act

By Rebecca Worthington on Posted in False Claims Act (FCA), Fraud, Healthcare
Third Circuit Clarifies Public Disclosure Bar in False Claims Act In United States v. Omnicare, Inc., the Third Circuit clarified the operation of the public disclosure bar in the False Claims Act (FCA). The court held that publicly available information “could not have reasonably or plausibly supported an inference” of fraud. This information included government … Continue Reading

Serious Fraud Office: Apparent Renewed Faith

By Richard Gibbon on Posted in Anti-corruption, anti-money laundering, bribery, corruption, Fraud, Serious Fraud Office (SFO), UK Bribery Act, United Kingdom
In the first part of this two-part post, we looked at some of the infamous cases that may explain repeated attempts by Theresa May, first as Home Secretary and later as Prime Minister, to dismantle the SFO, see here. Our attentions now turn to the important role the SFO continues to play in combatting corruption, … Continue Reading

Serious Fraud Office: Boost to Coffers Is Vote of Confidence

By Richard Gibbon on Posted in Anti-corruption, anti-money laundering, bribery, corruption, Fraud, Serious Fraud Office (SFO), UK Bribery Act, United Kingdom
The UK’s Serious Fraud Office (“SFO”) recently received an unexpected, yet significant, increase in baseline funding for the 2018-2019 fiscal year. The funding boost comes in spite of Prime Minister Theresa May’s previous efforts, following several high-profile prosecutorial setbacks for the SFO, to fold it into the UK’s National Crime Agency (“NCA”). Relatedly, a new … Continue Reading
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