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Internal Investigations & White Collar Defense White Collar Posts

Felony Tax Obstruction Statute Only Applies to Ongoing or Foreseeable Proceedings, Not to Routine Non-Compliance with Tax Code Requirements, SCOTUS Clarifies
March 21, 2018
By: Carolyn H. Kendall

Time is Running Out to Disclose Hidden Foreign Assets and Receive Amnesty from Criminal Prosecution, IRS Says
March 15, 2018
By: Carolyn H. Kendall

Attorney-Client Privilege Trumps Confrontation Clause, Says Eastern District of Pennsylvania
March 12, 2018
By: Carolyn H. Kendall

Latvian Bank Faces Exclusion as a "Primary Money Laundering Concern" Based on North Korean Ties and Other Misdeeds
February 15, 2018
By: Carolyn H. Kendall

The New Tax Bill: Settlement Considerations Regarding Tax Treatment of Fines, Penalties, and Restitution
January 18, 2018
By: James R. Malone, Jr., Barbara Rowland, and Ronald H. Levine

Pennsylvania Data Breach Litigation: An Important New Resource...and a Case to Watch
January 10, 2018
By: Abraham J. Rein

Third Circuit Rejects FCA Claims of Medicare Part D Fraud Applying Post-Escobar Materiality Bar; Acknowledges Validity of Government Knowledge Inference Defense
November 29, 2017
By: Barbara Rowland and Carolyn H. Kendall

Mr. Mueller's Options, Short of Indictment
November 28, 2017
By: Ronald H. Levine

Thoughts on the Manafort & Gates Indictment: Focused on FBAR Violations
October 31, 2017
By: Carolyn H. Kendall

Shale Insight 2017: AG Panel Reflects Contrast in Enforcement Approaches; Criminal Exposures from Civil Litigation
October 5, 2017
By: Ronald H. Levine

Almost Anyone Can Be a Felon: the Troubling Scope of Tax Obstruction, Part II
August 16, 2017
By: James R. Malone, Jr.

Almost Anyone Can Be a Felon: The Troubling Scope of Tax Obstruction, Part I
August 14, 2017
By: James R. Malone, Jr.

Sentencing Commission Practitioners Advisory Group Advocates a Closer Look at the Collateral Consequences of Conviction
August 8, 2017
By: Ronald H. Levine

Navigating DOJ's New Compliance Program Parameters
July 11, 2017
By: Ronald H. Levine

Elonis Facebook Case Has Life Beyond 2015 SCOTUS Decision
June 28, 2017
By: Abraham J. Rein and Ronald H. Levine

Navigating the Cloud's Data Security and Legal Hazards
June 7, 2017
By: Abraham J. Rein

Off Label-Marketing and Free Speech: Report from APhA 2017 Annual Meeting
April 5, 2017
By: Matthew T. Newcomer

Liability for What Goes on Behind Closed Doors: Sex Trafficking and the Hospitality Industry's Privacy Tightrope
March 28, 2017
By: Abraham J. Rein, Charles W. Spitz, and Marc H. Perry

Employment Taxes: A Look at Changing Enforcement Patterns
March 20, 2017
By: James R. Malone, Jr.

New York Proposed Cybersecurity Regulations: A Predictor of Things to Come for the Finance and Insurance Industries
January 27, 2017
By: Steven J. Fox, Cynthia A. Haines, and Abraham J. Rein

Pete Vaira's "2017 Wish List for Lawyers and Judges"
January 23, 2017
By: Ronald H. Levine

Government Contests Assertion of Attorney-Client Privilege in Assessing Cooperation
January 5, 2017
By: Ronald H. Levine

Talk Is Cheap: The Misuse of 'Speaking' Indictments
November 14, 2016
By: Ronald H. Levine

False Claims Act Update: The First Wave of “Materiality” Decisions Post-Escobar
October 25, 2016
By: Barbara Rowland and Carolyn H. Kendall

Pennsylvania's Medical Marijuana Law, Health Care Providers, and Enforcement
October 13, 2016
By: Barbara Rowland

FCC Commissioner Seeks Investigation of Wi-Fi Hotspot Limitations at Presidential Debate
September 28, 2016
By: Abraham J. Rein

The Lambis Case and the Future of 'Stingray' Evidence
August 22, 2016
By: Abraham J. Rein

Record $5.5 Million HIPAA Data Security Settlement: Lessons Learned
August 8, 2016
By: Carolyn H. Kendall and Abraham J. Rein

False Claims Act “Materiality” After Escobar
July 11, 2016
By: Barbara Rowland

DOJ's New FCPA Enforcement Plan and Crafting Due Diligence Programs
July 8, 2016
By: Matthew T. Newcomer

Third Circuit Upholds Dismissal of FCA Suit Against Pottstown Memorial Medical Center
June 22, 2016
By: John N. Joseph

Third-Party Intermediaries Present Increased FCPA Exposure for Companies Doing Business Abroad
May 9, 2016
By: Ronald H. Levine

Intent as an Essential Element When Prosecuting Environmental Crimes
April 13, 2016
By: Ronald H. Levine

Plan Ahead, Stay On Top of Government and Tech Changes, and Be Ready to Call the FBI: Key Lessons from the PHI Protection Network Conference
March 22, 2016
By: Abraham J. Rein

The Government Pushes The False Claims Act Envelope; Government Contractors Push Back
March 2, 2016
By: Barbara Rowland and Yune D. Emeritz

U.S. Sentencing Commission Engages on Conditions of Supervised Release and "Compassionate" Release
February 25, 2016
By: Ronald H. Levine

The Enforceability of FDA's Off-Label Marketing Restrictions Following the Amarin Decision
February 17, 2016
By: Matthew T. Newcomer and Yune D. Emeritz

Two Points and a Lesson from PrivacyCon, FTC's Digital-Privacy Conference
January 19, 2016
By: Abraham J. Rein

Interview with Victor Song, Former Chief of IRS Criminal Investigation (CI)
January 15, 2016

DOJ's New Appetite for Prosecuting Food Companies and Their Executives
January 13, 2016
By: Barbara Rowland and Yune D. Emeritz

U.S. Supreme Court to Decide the Viability of the Implied Certification Theory of False Claims Act Liability
December 8, 2015
By: Matthew T. Newcomer

A Conversation with Darpana Sheth of the Institute for Justice About Legal Challenges to Civil-Forfeiture Laws
November 30, 2015

FCC Takes on Hospitality Wi-Fi Management Again: More Sanctions, Unresolved Concerns
November 4, 2015
By: Abraham J. Rein and Charles W. Spitz

HHS-OIG Senior Counsel Riordan Focuses on Kickbacks, Accountability, and the Role of Compliance in Pharma Compliance Congress Keynote
October 27, 2015
By: Barbara Rowland

A Conversation with UVA Law's Brandon Garrett About the DOJ's Swiss Bank Program
October 22, 2015
By: Carolyn H. Kendall

Further Thoughts About The “Yates Memo”
October 19, 2015
By: Ronald H. Levine

Takeaways for the Hospitality Industry from FDA's Draft Food Labeling Guidance
September 16, 2015
By: Barbara Rowland, Charles W. Spitz, and Abraham J. Rein

Independent Contractor Misclassification Presents DOL/IRS Dual Threat
September 9, 2015
By: Andrea M. Kirshenbaum

PharMerica Settlements Highlight Potential for Dual False Claims Act and Controlled Substances Act Liability for Invalid Prescriptions
August 29, 2015
The American Society for Pharmacy Law's (ASPL) Rx Ipsa Loquitur
By: Barbara Rowland and Matthew T. Newcomer

FERC Administrative Law Judge Finds Market Manipulation in “Cross-Over” Case
August 19, 2015
By: Christopher J. Barr, , and Abraham J. Rein

HHS's Data Security Problem: Lessons for the Private Sector
August 11, 2015
By: Steven J. Fox and Abraham J. Rein

Heightened False Claims Exposure: 60-Day Period to Repay Begins When Overpayment is Suspected Rather Than Confirmed
August 6, 2015
By: Barbara Rowland and Matthew T. Newcomer

Why a Recent Decision on Medicare and Medicaid Overpayments Has Providers on High Alert
August 5, 2015
By: John N. Joseph

New Jersey Non-Profit Hospital Stripped of Tax Exemption Based on Ruling that Modern Non-Profit Hospitals Essentially Function as For-Profit Businesses
July 13, 2015
By: Carolyn H. Kendall

Keeping Government Environmental Investigations Civil
July 2, 2015
Business Crimes Bulletin
By: Ronald H. Levine

Potential Class Action Highlights Cyber-Identity Theft Issues in the Tax Industry
April 30, 2015
By: Abraham J. Rein and Carolyn H. Kendall

White Collar Principal Hardy and Associate Kendall Author Guest Blog on SCA Searches for Data Stored Abroad for the Federal Tax Crimes Blog
April 25, 2015

Market Manipulation: Staying a Step Ahead
April 8, 2015
By: Ronald H. Levine and Abraham J. Rein

Recent Developments in FTC vs. Wyndham Underscore Importance of Cybersecurity Vigilance in the Hospitality Industry
March 30, 2015
By: Abraham J. Rein and Marc H. Perry

Pennsylvania Bank Consents to $1.5 Million Assessment for Failing to File Required Suspicious Activity Reports Regarding Transactions by Bank Insider
March 3, 2015
By: Carolyn H. Kendall

The Philadelphia Inquirer: How Lawyers Prepare for Supreme Court and High-Profile Case
February 8, 2015
By: Ronald H. Levine and Abraham J. Rein

Managing Wi-Fi Networks on Business Premises: Aggressive Enforcement and Unanswered Questions
February 2, 2015
By: Abraham J. Rein

Financial Crimes Enforcement Network Pursues New Customer Due Diligence Requirements for Banks' Anti-Money Laundering Programs
January 8, 2015
PABanker Magazine

First Circuit Upholds $50 Million Tax Refund for Business Deduction Beyond Single Damages in False Claims Act Settlement
August 17, 2014
By: Barbara Rowland

D.C. Circuit Reaffirms Application of Attorney-Client Privilege to Internal Investigations
July 2, 2014
By: Barbara Rowland

Third Circuit Decision Adopts More Lenient Pleading Standard in False Claims Act Litigation
June 24, 2014
By: Barbara Rowland

A Grimm Reminder: “Routine” Employment Issues Can Lead to Serious (and Potentially Criminal) Headaches
May 1, 2014
By: Andrea M. Kirshenbaum

Evaders May Turn to Virtual Currency as Traditional Offshore Bank Secrecy Falters
April 18, 2014
Bloomberg BNA White Collar Crime Report

Decriminalized Marijuana and the Promise of Legal Profits
April 2, 2014
Business Crimes Bulletin
By: Barbara Rowland

Shot Across the Bow: Pennsylvania AG's Strict Liability Criminal Prosecution of Fracking Company
September 18, 2013
By: Ronald H. Levine

Article: "The Federal Prosecutor As Regulator: Good Manufacturing Practices and The False Claims Act"
May 29, 2013
By: Ronald H. Levine

Sleepless Nights: Compliance Challenges Facing Today's Medical Device Executives
May 3, 2013
By: Ronald H. Levine

In the Wake of Southern Union, Do Juries Need to Determine Criminal Restitution?
December 28, 2012
The Legal Intelligencer
By: Abraham J. Rein

New Amendments to the Guidelines for Securities Cases to Take Effect Tomorrow
October 30, 2012
By: Matthew T. Newcomer

British Bank Under Fire for Alleged Dealings with Iran
August 8, 2012
By: Matthew T. Newcomer

The Fifth Amendment Meets Password Protection
July 6, 2012
By: Abraham J. Rein

New Civil E-Discovery Rules for Pennsylvania Courts
June 11, 2012
By: Ronald H. Levine and Abraham J. Rein

Change May Be Coming to the Federal Sentencing of Corporations
April 24, 2012
By: Abraham J. Rein