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White Collar Posts

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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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
On Friday, March 27, the parties in FTC vs. Wyndham, a key data security case with the potential to deeply impact the hospitality industry's cybersecurity practices" filed special supplemental briefs that the Third Circuit Court of Appeals requested during oral arguments earlier in the month.
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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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