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
On May 19, 2020, in response to the COVID-19 pandemic, President Trump signed Executive Order 13924, to provide regulatory relief for entities economically impacted by the pandemic. Section 6 of the Executive Order directed agencies to revise their procedures and practices in administrative investigations and enforcement in light of certain enumerated principles of fairness. It … Continue Reading
The Second Circuit’s recent decision in United States v. Hoskins may impact enforcement of U.S. economic sanctions programs. The Hoskins decision precludes the government from charging a foreign national acting abroad with violating the Foreign Corrupt Practices Act (“FCPA”) through theories of conspiracy and accomplice liability. This holding is equally applicable to U.S. sanctions law.… Continue Reading
Summary of Compliance Guideline The Criminal Division’s Fraud Section of the U.S. Department of Justice (the “DOJ”) has released guidance on how the DOJ will determine the effectiveness of a company’s corporate compliance program. The guidance, entitled Evaluation of Corporate Compliance Programs[1] (the “Compliance Guideline”), provides examples of topics and sample questions that are frequently … Continue Reading
In a landmark decision, the first Deferred Prosecution Agreement (“DPA”) was approved on Monday at the Royal Courts of Justice, by Lord Justice Leveson. The DPA was introduced as a means of alternative disposal following a criminal investigation into a corporate organisation back in February 2014, under the Crime and Courts Act 2013[1]. It is … Continue Reading
1. New law or regulation State level: No developments. Local level (Beijing & Shanghai): No developments. Communist Party Rules: No developments. 2. Upcoming law or regulation No developments. 3. Government Action (1) The official website of the Central Commission for Discipline Inspection (“CCDI”) of the Communist Party of China (“CPC”) and the Ministry … Continue Reading
The UK’s Serious Fraud Office (“SFO”) has launched a formal criminal investigation into GlaxoSmithKline (GSK) and its “commercial practices”, understood to mean allegations of foreign bribery. David Green CB QC, Director of the SFO, said back in 2012 that only the largest cases, that prevented UK companies from competing for big contracts on a level … Continue Reading
1. New law or regulation State level: On November 25, 2013, the Central Committee of the Communist Party of China and the State Council jointly issued the Regulation to Ban Official Extravagance (the “Regulation”), which regulate the management of funds, official travel, official receptions, official vehicles, and official conferences, etc. According to the Regulation, the … Continue Reading
1. New law or regulation State level: No developments Local level (Beijing & Shanghai): No developments Communist Party Rules: No developments 2. Upcoming law or regulation No developments 3. Government Action (1) On October 10, 2013, Tian Xueren (“Tian”), the former Executive Deputy Governor of Jilin Province, stood trial in Beijing No.1 Intermediate People’s Court … Continue Reading
