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White Collar Posts

Off Label-Marketing and Free Speech: Report from APhA 2017 Annual Meeting >
April 5, 2017
By: Matthew T. Newcomer
On March 26th, I presented to pharmacy professionals, clinicians, researchers, and educators in San Francisco for the American Pharmacists Association's (APhA) 2017 Annual Meeting & Exposition. There was a lot of buzz about the growing opioid epidemic, the proliferation of illegal online pharmacies, and off-label marketing.
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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
Earlier this month, the Philadelphia hotel, Roosevelt Inn, its corporate parents, its New York management company, and an individual owner/manager of the hotel, were sued for allegedly allowing trafficking of sex involving a minor to take place on the hotel's premises. The case - the first of its kind invoking Pennsylvania's recently-amended human trafficking law - raises an abundance of difficult legal and ethical questions regarding hotels' legal responsibilities for and obligations concerning their guests' conduct, and how to meet those responsibilities while also respecting guests' privacy.
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Employment Taxes: A Look at Changing Enforcement Patterns >
March 20, 2017
By: James R. Malone, Jr.
Roughly seventy percent of the federal government's revenues come from employment taxes, including FICA and income taxes withheld from employees' wages. Consequently, threats to that source are taken quite seriously. All employers need to be aware of the significant changes in employment tax enforcement that have increased the risks faced by the non-compliant.
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Pete Vaira's "2017 Wish List for Lawyers and Judges" >
January 23, 2017
By: Ronald H. Levine
Hopefully, the suggestions in my recent Business Crimes Bulletin article on the DOJ's misuse of “speaking indictments" gather some momentum, as former E.D. Pa. U.S. Attorney Pete Vaira cited it in his January 17, 2017 article in Philadelphia's The Legal Intelligencer.
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Government Contests Assertion of Attorney-Client Privilege in Assessing Cooperation >
January 5, 2017
By: Ronald H. Levine
However else one characterizes 2016, it was a very good year for the government's Foreign Corrupt Practices Act (FCPA) profit center. Twenty-seven companies paid about $2.48 billion to resolve FCPA cases, a record. Although the incoming Administration may shift priorities, there exists considerable institutional momentum behind continued FCPA enforcement. In that light, it's worth taking a look back at one of the last FCPA cases of 2016.
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Talk Is Cheap: The Misuse of 'Speaking' Indictments >
November 14, 2016
By: Ronald H. Levine
I recently discussed the government's use of 'speaking' indictments and practical defense responses to them in ALM's November 2016 Business Crimes Bulletin. In white collar fraud, public corruption and other high-profile cases, DOJ prosecutors often go well beyond the Fed.R.Crim.P. 7(c)(1) notice requirement of a "plain, concise, and definite written statement of the essential facts" and draft thick indictments advocating the government's narrative...
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False Claims Act Update: The First Wave of “Materiality” Decisions Post-Escobar >
October 25, 2016
By: Barbara Rowland and Carolyn H. Kendall
In our earlier post, we discussed the U.S. Supreme Court's implied false certification decision of Universal Health Services Inc. v. Escobar, in which the Court rejected a bright-line rule on the False Claims Act's (FCA) materiality standard and adopted a fact-specific standard that is being litigated on a case-by-case basis. We've now seen about a dozen FCA decisions on motions to dismiss or for summary judgment informed by the Court's opinion in Escobar.
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Pennsylvania's Medical Marijuana Law, Health Care Providers, and Enforcement >
October 13, 2016
By: Barbara Rowland
With other members of our Firm's Regulated Cannabis Group, I recently co-authored an article for the Life Sciences, Pharmaceuticals, and Health Care Supplement of The Legal Intelligencer. We examined Pennsylvania's April 2016 medical marijuana law from four essential legal standpoints - professional liability, health care law, employment law, and enforcement - and the related implications for health care providers in the state.
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The Lambis Case and the Future of 'Stingray' Evidence >
August 22, 2016
By: Abraham J. Rein
I recently examined for Law360 a federal court decision in U.S. v. Lambis that marked the first time a federal judge has suppressed evidence secured from a cell-site simulator, or "Stingray" device. These devices mimic cell towers for surveillance purposes and can locate a cell phone. The case and decision are part of the larger story of mounting attempts to constrain law enforcement's use of Stingrays and similar devices, the use of which remained largely unknown by the public as recently as 2011.
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False Claims Act “Materiality” After Escobar >
July 11, 2016
By: Barbara Rowland
Along with my Post & Schell colleagues, Matt Newcomer and Carolyn Kendall, I recently co-authored an article for Law360 that examined the U.S. Supreme Court's decision in Universal Health Services Inc. v. Escobar. We focused on the Court's rejection of a bright-line rule on the False Claims Act's materiality standard and adoption of a fact-specific standard that will need to be litigated on a case-by-case basis.
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DOJ's New FCPA Enforcement Plan and Crafting Due Diligence Programs >
July 8, 2016
By: Matthew T. Newcomer
The June 2016 issue of Business Crimes Bulletin includes Part II of our examination of recent Foreign Corrupt Practices Act (FCPA) enforcement efforts related to the use of third-party intermediaries. Part II takes a detailed look at DOJ's April 2016 FCPA enforcement plan, which added ten prosecutors to DOJ's FCPA unit and initiated a pilot program through which companies may be able to avoid prosecution or achieve lower fines via voluntary disclosure to and cooperation with DOJ. The article also suggests seven keys to an effective FCPA due diligence system.
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Third-Party Intermediaries Present Increased FCPA Exposure for Companies Doing Business Abroad >
May 9, 2016
By: Ronald H. Levine
Mehreen Zaman of our Internal Investigations & White Collar Defense Group recently had published in the Business Crimes Bulletin the first of two articles examining recent Foreign Corrupt Practices Act (FCPA) enforcement efforts as related to third-party intermediaries.
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Intent as an Essential Element When Prosecuting Environmental Crimes >
April 13, 2016
By: Ronald H. Levine
My partner Michael C. Gross from our Environmental Group recently authored a short response piece to accompany the article, "Time for Environmental Crimes,” by Rena Steinzor in the March/April issue of The Environmental Forum, the magazine of the nonpartisan Environmental Law Institute.
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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
Late last week, the health care data security community gathered in Philadelphia for the PHI Protection Network Conference. The diverse group of speakers included in-house data security officers, technology consultants, academics, attorneys, and a variety of influential federal government representatives. I was in the audience. A handful of key themes were reiterated in various ways throughout the two-day gathering.
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The Government Pushes The False Claims Act Envelope; Government Contractors Push Back >
March 2, 2016
By: Barbara Rowland and Yune D. Emeritz
In recent weeks, corporations have pushed back against Departments of Justice (DOJ) and Health and Human Service (HHS) efforts to expand False Claims Act (FCA) remedies to conduct beyond the FCA's explicit reach. Yet a huge incentive exists for DOJ to push the FCA envelope: DOJ's recently released 2015 Civil Division fraud recoveries - totaling over $3.5 billion - establish a six-year trend of recoveries in excess of $3 billion annually.
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U.S. Sentencing Commission Engages on Conditions of Supervised Release and "Compassionate" Release >
February 25, 2016
By: Ronald H. Levine
As an at large national appointee to the U.S. Sentencing Commission Practitioners Advisory Group (along with private bar defense counsel appointees from each federal circuit), I had a front row seat to Commission hearings last week concerning conditions of supervised release and probation and the criteria for a compassionate release or reduction in sentence from the Bureau of Prisons (BOP).
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The Enforceability of FDA's Off-Label Marketing Restrictions Following the Amarin Decision >
February 17, 2016
By: Matthew T. Newcomer and Yune D. Emeritz
Today, February 17, 2016, AHLA's Journal of Health & Life Sciences published as its “Featured Article” our analysis of the enforceability of FDA's off-label marketing restrictions in the aftermath of the August 2015 Amarin Pharma, Inc. v. United States FDA decision. The article, entitled, “To Promote or Not to Promote? The Enforceability of FDA's Off-Label Marketing Restrictions Following Amarin,” traces the recent string of judicial decisions challenging the government's restrictions on drug companies, truthful and non-misleading off-label speech as violating the First Amendment's free speech protections.
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Two Points and a Lesson from PrivacyCon, FTC's Digital-Privacy Conference >
January 19, 2016
By: Abraham J. Rein
Last week, on January 14, 2016, the Federal Trade Commission (FTC) convened PrivacyCon, a first-of-its kind conference bringing together policymakers, academics, and technology researchers to discuss the challenges surrounding online privacy as we navigate between a fixed-internet world, a mobile one, and the growing “internet of things.” I was in the audience, and I came away with two major points and a lesson for white collar defense lawyers and their clients.
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DOJ's New Appetite for Prosecuting Food Companies and Their Executives >
January 13, 2016
By: Barbara Rowland and Yune D. Emeritz
The DOJ, together with the FDA, is increasingly investigating and prosecuting food companies for the sale of adulterated food products. Coupled with the Yates Memo, the September 2015 memorandum by DOJ Deputy Attorney General Sally Yates announcing DOJ's emphasis on holding individual employees accountable for corporate misconduct, this puts food company executives, as well as food companies, at increased risk of being charged criminally for adulterated products.
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Volkswagen Emissions Scandal Provides First Test of DOJ's Yates Memo Policy >
January 6, 2016
By: Aaron S. Mapes and Carolyn H. Kendall
Post & Schell's Environmental and White Collar Groups examine how the recent VW emissions scandal comes at a time when the DOJ's intention to prosecute high-level executives for corporate wrongdoing, as outlined in the Yates Memo, may face its first true test.
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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
On December 4, 2015, the U.S. Supreme Court agreed to consider a challenge to the federal government's hotly-contested and Circuit-splitting “implied certification” theory of False Claims Act (FCA) liability. The implied certification theory has been a versatile and lucrative tool for whistleblowers and for the government, and a Supreme Court ruling on the viability of this prosecution theory may provide clearer boundaries and more certainty for those who do business with the government.
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A Conversation with Darpana Sheth of the Institute for Justice About Legal Challenges to Civil-Forfeiture Laws >
November 30, 2015
The Philadelphia District Attorney's Office recently settled, in part, a federal civil-rights class-action lawsuit seeking declaratory and injunctive relief in regard to its civil-forfeiture policies. I had the opportunity to speak with Darpana Sheth, a lawyer with the Institute for Justice and the lead counsel for the plaintiffs, about this development.
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FCC Takes on Hospitality Wi-Fi Management Again: More Sanctions, Unresolved Concerns >
November 4, 2015
By: Abraham J. Rein and Charles W. Spitz
On Monday, November 2nd, the Federal Communications Commission (FCC) took more enforcement steps in its campaign against Wi-Fi blocking, "the practice of blocking unauthorized Wi-Fi hotspots that let consumers share mobile data access with other devices, like laptops and tablets" in hotels and convention spaces. This comes on the heels of a $750,000 settlement with Smart City Holdings over its Wi-Fi blocking at multiple convention centers, and a late-2014 settlement of $600,000 with Marriott over similar conduct.
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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
On Wednesday, October 22, 2015, the 16th Annual Pharma Compliance Congress in Washington, D.C., was kicked off by keynote speaker Mary Riordan, HHS-OIG Senior Counsel and perhaps OIG's most well-known face to the pharmaceutical industry. In her talk, Ms. Riordan laid out three hot button areas for company compliance professionals: kickbacks, individual accountability, and the role of compliance in business operations. We thought these were worth sharing, particularly because two of the areas -- a jump in kickback cases and individual accountability in the investigation and resolution of corporate investigations -- were themes also emphasized by the government speakers at the AUSA Roundtable panel.
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A Conversation with UVA Law's Brandon Garrett About the DOJ's Swiss Bank Program >
October 22, 2015
By: Carolyn H. Kendall
Recently I had the opportunity to speak with my former law professor, Brandon Garrett, about the DOJ's Swiss bank program. Professor Garrett is the Justice Thurgood Marshall Distinguished Professor of Law at the University of Virginia School of Law, and author of the recent book Too Big to Jail: How Prosecutors Compromise with Corporations. Professor Garrett has written and spoken extensively about white collar corporate prosecutions and the use of non-prosecution and deferred prosecution agreements in the corporate prosecution context.
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Further Thoughts About The “Yates Memo” >
October 19, 2015
By: Ronald H. Levine
Now and then, we enshrine Deputy Attorney Generals for DOJ policy memoranda issued in their name (e.g., the “Ogden Memo” on discovery). The white collar bar then dissects DOJ's policy rationale and any operational impact for the defense. Last month's “Yates Memorandum” regarding “Individual Accountability for Corporate Wrongdoing” is no exception.
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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
The FDA has issued draft guidance regarding previously announced menu-labeling rules set to take effect on December 1, 2015. The scope of those rules, which require certain businesses to post nutrition information about food offered for sale, has raised questions for the hospitality industry.
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Independent Contractor Misclassification Presents DOL/IRS Dual Threat >
September 9, 2015
By: Andrea M. Kirshenbaum
In a September 10 article for The Legal Intelligencer, Employment Principal Andrea M. Kirshenbaum and White Collar Principal Peter D. Hardy look at the Department of Labor's (DOL) recent interpretation of how the Fair Labor Standards Act (FLSA) applies to the misclassification of independent contractors.
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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
In the July/August 2015 issue of Rx Ipsa Loquitur, the newsletter publication of the American Society for Pharmacy Law (ASPL), Internal Investigations & White Collar Defense Principal Barbara Rowland, and Principal Matthew T. Newcomer, examine potential dual False Claims Act and Controlled Substances Act liability for Medicare Part D and Medicaid providers.
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FERC Administrative Law Judge Finds Market Manipulation in “Cross-Over” Case >
August 19, 2015
By: Douglas M. Canter, Christopher J. Barr, , and Abraham J. Rein
An August 13, 2015 decision of a FERC Administrative Law Judge held that BP America Inc.engaged in market manipulation during a two and a half month period in violation of the Natural Gas Act and FERC regulations. The initial decision, which is subject to Commission review and eventual court appeal, marks another “case of physical for financial benefits" the sort of “cross-over” case involving both physical and financial energy markets that has been at the heart of questions over FERC's jurisdiction, which traditionally extends only to physical trading.
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HHS's Data Security Problem: Lessons for the Private Sector >
August 11, 2015
By: Steven J. Fox and Abraham J. Rein
Recently, the House of Representatives Committee on Energy and Commerce cataloged a series of potentially-serious data security failures at the Department of Health and Human Services (“HHS”). The Committee's report reveals, among other things, that HHS division systems have been hacked five times in the past three years, and traces the root of the problem to HHS's treatment of data security as subordinate to operational priorities.
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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
In a significant decision this week affecting Medicaid and potentially Medicare healthcare providers, a U.S. District Court for the Southern District of New York held that federal False Claims Act (FCA) liability applies to providers that do not repay “identified overpayments” within 60 days of “when a provider is put on notice of a potential overpayment, rather than the moment when an overpayment is conclusively ascertained.”
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Why a Recent Decision on Medicare and Medicaid Overpayments Has Providers on High Alert >
August 5, 2015
By: John N. Joseph
John Joseph talks with Modern Healthcare about a District Judge's decision in Kane v. Healthfirst Inc. et al. and U.S. v. Continuum Health Partners Inc. et al., and its impact on providers
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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
A recent court ruling has called into question some basic assumptions regarding the ability of not-for-profit entities to obtain certain tax exemptions. In AHS Hospital Corp. v. Town of Morristown, the Tax Court for the State of New Jersey recently ruled that Atlantic Health System Hospital Corporation, the parent company of Morristown Medical Center (collectively, “Atlantic” or the “Hospital”), was ineligible for exemption from state property tax. This ruling, if upheld, could cost the Hospital millions of dollars each year.
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Keeping Government Environmental Investigations Civil >
July 2, 2015
Business Crimes Bulletin
By: Ronald H. Levine
In the lead article for the July 2015 issue of Business Crimes Bulletin, Internal Investigations & White Collar Defense Chair Ronald H. Levine, and Environmental Principal Michael C. Gross, review recent environmental prosecutions and offer best practice tips for responding to civil investigations and avoiding criminal prosecution.
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The Appointment of SEC Administrative Law Judges: Constitutional Questions and Consequences for Enforcement Actions >
June 22, 2015
Bloomberg BNA Securities Regulation & Law Report
By: Abraham J. Rein
In a June 2015 article for Bloomberg BNA's Securities Regulation & Law Report, Principal Peter D. Hardy, and Associates Abraham J. Rein and Carolyn H.Kendall examine recent constitutional challenges to the Securities & Exchange Commission's (SEC) administrative proceedings and the administrative law judges (ALJ) that adjudicate them.
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Potential Class Action Highlights Cyber-Identity Theft Issues in the Tax Industry >
April 30, 2015
By: Abraham J. Rein and Carolyn H. Kendall
The tax industry has an identity theft problem. According to the Government Accountability Office (“GAO”), the IRS estimates that in 2013 it paid out approximately $5.8 billion in tax refunds to filers later determined to be identity thieves.
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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
In an April 25 guest blog post for Federal Tax Crimes, White Collar Principal and Data Protection/Breach Practice Group Co-Chair Peter D. Hardy and Associate Carolyn H. Kendall examine the Microsoft Appeal in In re Warrant to Search a Certain E-Mail Account, 15 F. Supp. 3d 466 (S.D.N.Y. 2014).
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Market Manipulation: Staying a Step Ahead >
April 8, 2015
By: Ronald H. Levine, Douglas M. Canter, and Abraham J. Rein
The article, in the April 2015 issue of Public Utilities Fortnightly, examines U.S. Federal Energy Regulatory Commission's (FERC) policing of fraud and market manipulation in energy markets, and notes that, "between 2007 and the end of 2014...FERC assessed civil penalties of $602 million and ordered disgorgement totaling almost $300 million."
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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
On February 27, 2015, the Financial Crimes Enforcement Network (FinCEN) assessed a $1.5 million civil monetary penalty against the First National Community Bank of Dunmore, Pennsylvania for willful violations of the Bank Secrecy Act (BSA).
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The Philadelphia Inquirer: How Lawyers Prepare for Supreme Court and High-Profile Case >
February 8, 2015
By: Ronald H. Levine and Abraham J. Rein
In a February 8 article, Philadelphia Inquirer reporter Chris Mondics profiles Ronald H. Levine and Associate Abraham J. Rein as they prepared for oral arguments before the Supreme Court of the United States (SCOTUS) in November/December 2014.
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Managing Wi-Fi Networks on Business Premises: Aggressive Enforcement and Unanswered Questions >
February 2, 2015
By: Abraham J. Rein
On Friday, January 30, 2015, Marriott International, Inc. (Marriott) the American Hotel & Lodging Association (AH&LA), and Ryman Hospitality Properties (Ryman) announced the withdrawal of their petition seeking clarity from the Federal Communications Commission (FCC) regarding businesses' ability to control Wi-Fi connectivity on their premises. It was probably the right decision strategically. However, certain key regulatory questions are unresolved, with no promise of a ready resolution forthcoming.
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Financial Crimes Enforcement Network Pursues New Customer Due Diligence Requirements for Banks' Anti-Money Laundering Programs >
January 8, 2015
PABanker Magazine
In the December 2014 issue of PABanker, the magazine of the Pennsylvania Bankers Association, Internal Investigations & White Collar Defense Principal Peter D. Hardy and Associate Carolyn H. Kendall explore the obligation being added to the already significant requirements of banks' Anti-Money Laundering (AML) programs.
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First Circuit Upholds $50 Million Tax Refund for Business Deduction Beyond Single Damages in False Claims Act Settlement >
August 17, 2014
By: Barbara Rowland
The First Circuit Court of Appeals has upheld a jury verdict finding that a company settling claims under the False Claims Act (“FCA”) can deduct a significant portion of the settlement payment beyond single damages where the “economic reality” of the settlement payment reflects a compensatory purpose and the settlement agreement includes no tax characterization of the settlement payment.
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D.C. Circuit Reaffirms Application of Attorney-Client Privilege to Internal Investigations >
July 2, 2014
By: Barbara Rowland
The D.C. Circuit Court of Appeal's recent opinion in In Re Kellogg Brown & Root is a victory for corporations and their lawyers across the nation, reaffirming the application of the attorney-client privilege to documents prepared during an internal investigation conducted pursuant to a corporate compliance program.
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A Grimm Reminder: “Routine” Employment Issues Can Lead to Serious (and Potentially Criminal) Headaches >
May 1, 2014
By: Andrea M. Kirshenbaum
The indictment of New York Rep. Michael Grimm on federal fraud and tax charges flowed partly from alleged wage and hour violations at his Manhattan restaurant. The case serves as an example of how an issue that might arise in a civil action can lead to criminal charges.
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Evaders May Turn to Virtual Currency as Traditional Offshore Bank Secrecy Falters >
April 18, 2014
Bloomberg BNA White Collar Crime Report
In the April 18 issue of Bloomberg BNA's White Collar Crime Report, Internal Investigations & White Collar Defense Principal Peter D. Hardy and Associate Mehreen Zaman examine how virtual currency, like bitcoin, may become an option for tax evaders as offshore banking has become the focus of vigorous tax enforcement by U.S. officials.
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Decriminalized Marijuana and the Promise of Legal Profits >
April 2, 2014
Business Crimes Bulletin
By: Barbara Rowland
In an April 2014 article for American Lawyer Media's Business Crimes Bulletin, Principal Barbara Rowland explores recent changes in the law surrounding use and distribution of marijuana. In particular, Ms. Rowland analyzes how models and standards from other highly regulated industries may help enterprises considering entry into the legal marijuana industry, including entrepreneurs and financial institutions.
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Shot Across the Bow: Pennsylvania AG's Strict Liability Criminal Prosecution of Fracking Company >
September 18, 2013
By: Ronald H. Levine
According to the Pennsylvania Attorney General's criminal complaint (click here to download), Exxon Mobil subsidiary XTO Energy was producing natural gas from two wells; the wells released toxic waste water to be stored in holding tanks; and, in November 2010, a state inspector found that the drain plugs were missing from 5 - 10 tanks which discharged about 57,000 gallons of waste water into the ground or a stream.
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Article: "The Federal Prosecutor As Regulator: Good Manufacturing Practices and The False Claims Act" >
May 29, 2013
By: Ronald H. Levine
In the May 2013 issue of the Law Journal Newsletter's Business Crimes Bulletin, Post & Schell Principal Ron H. Levine explores the potential expansion of False Claims Act actions against medical device and pharmaceutical manufacturers for alleged violations of the FDA's current good manufacturing practices (cGMP) regulations.
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Sleepless Nights: Compliance Challenges Facing Today's Medical Device Executives >
May 3, 2013
By: Ronald H. Levine
In an article in the May 3, 2013 issue of Pharmaceutical Compliance Monitor, Ron Levine examines the list of compliance challenges that medical device executives need to consider as they risk analyze to allocate compliance resources.
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In the Wake of Southern Union, Do Juries Need to Determine Criminal Restitution? >
December 28, 2012
The Legal Intelligencer
By: Abraham J. Rein
Peter Hardy and Matt Newcomer examine the Supreme Court's Southern Union decision, and look at how a defense victory federal courts are turning to the next potential application of the principles that animated the Southern Union holding: criminal restitution.
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New Amendments to the Guidelines for Securities Cases to Take Effect Tomorrow >
October 30, 2012
By: Matthew T. Newcomer
A cocktail of events - including the economic downturn and media-friendly criminal trials involving high-profile professionals and wire taps that historically were reserved for prosecuting more traditional criminal organizations - has helped to fuel Congressional and executive branch promises to combat securities fraud more aggressively.
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British Bank Under Fire for Alleged Dealings with Iran >
August 8, 2012
By: Matthew T. Newcomer
The New York State Department of Financial Services announced yesterday that Standard Chartered Bank, a wholly owned subsidiary of British bank Standard Chartered PLC, is under investigation for allegedly helping Iran launder $250 billion in U.S. dollars, which the Department believes resulted in potential vulnerabilities involving terrorism, drugs, and corruption.
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The Fifth Amendment Meets Password Protection >
July 6, 2012
By: Abraham J. Rein
Earlier this year, two federal courts weighed in on what surely is an important legal question affecting criminal investigations in the twenty-first century, and one that is significant for potential white collar targets or defendants.
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New Civil E-Discovery Rules for Pennsylvania Courts >
June 11, 2012
By: Ronald H. Levine and Abraham J. Rein
The Pennsylvania Supreme Court has adopted an amendment to the Rules of Civil Procedure, as the Commonwealth joins a growing number of states with rules specifically addressing the discovery of electronically stored information (ESI) in civil litigation. The amendment makes it more important than ever that potential litigants be prepared for e-discovery disputes, armed with technical knowledge and legal know-how.
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Change May Be Coming to the Federal Sentencing of Corporations >
April 24, 2012
By: Abraham J. Rein
The Supreme Court is poised to issue an opinion that, if the defense prevails, could significantly alter the landscape surrounding the prosecution and sentencing of corporations.
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