Category: General

General

14 May, 2020

In a Unanimous Decision, the Supreme Court Reverses New Jersey Bridgegate Convictions

The Supreme Court continued its clear commitment to trimming aggressive criminal prosecutions in high-profile cases by issuing a unanimous decision reversing the criminal convictions of two Bridgegate convictions in the New Jersey prosecutions of then-Governor Chris Christie’s Administration. The case grew out of former Governor Chris Christie’s 2013 re-election campaign.  Bridget Kelly, Christie’s Deputy Chief of Staff, and William Baroni, the Deputy Executive Director of...

General

13 May, 2020

Cancer Treatment Center Agrees to DPA and $100 Million Penalty for Criminal Antitrust Violations in Florida Market

The Justice Department’s Antitrust Division recently announced a $100 million settlement with Florida Cancer Specialists & Research Institute (“FCS”) for an illegal conspiracy to allocate cancer patients in Southwest Florida.  FCS conspired with various competitors to allocate medical and radiation oncology treatments. The $100 million criminal penalty is the statutory maximum under Section 1 of the Sherman Act. FCS also reached a settlement with Florida...

General

12 May, 2020

Despite Pandemic, OFAC Settles with Animal Nutrition Company for $257k for Violations of Cuban Sanctions Program

OFAC announced a $257k settlement with Biomin America, Inc. (“Biomin”), an animal nutrition company based in Overland, Kansas, to settle violations of the Cuban Sanctions Program. OFAC recently issued guidance suggesting that organizations may re-allocate or reduce sanctions compliance operations based on the impact of the pandemic on an organization’s business activities.  Notwithstanding this guidance, OFAC announced this enforcement action, the first in several months,...

General

7 May, 2020

Privacy and Employee Issues During the New COVID-19 Pandemic Era

The global pandemic has created unique risks for handling employees’ exposure to, or positive testing for, COVID-19.  To ensure a safe workplace, companies have to address delicate issues surrounding employee safety.  The United States does not have a federal privacy law to address this specific situation (unlike Europe and Canada) and the treatment of employees personal information.  Interestingly, the HIPAA laws do not cover employers...

General

6 May, 2020

Chipotle Mexican Grill Enters Three-Year DPA and Pays $25 Million Penalty for Food Safety Violations (Part II of II)

In the Chipotle Mexican Grill case, DOJ entered into a three-year deferred prosecution agreement (“DPA”) in exchange for the payment of a $25 million penalty stemming from a string of foodborne-illness cases between 2015 and 2018 involving its restaurants in which more than 1100 people became ill. The charges against Chipotle stem from outbreaks of norovirus, a highly infective pathogen that is easily transmitted by...

General

5 May, 2020

DOJ Resolves Two Important Food Safety Criminal Cases: Blue Bell Creameries and Chipotle Mexican Grill (Part I of II)

In an important set of criminal prosecutions for food safety violations, the Justice Department recently announced resolutions with Blue Bell Creameries and Chipotle Mexican Grill.  While these cases were not related to the COVID-19 pandemic, they are indications of DOJ’s aggressive prosecution for food safety issues and are important reminders of the need for organizations to prioritize health and safety issues.  Corporate boards and senior...

General

4 May, 2020

DOJ and FBI Fight Back Against Pandemic Fraud

You can always count on cyber-criminals and fraudsters to come out of the woodwork when a national crisis occurs.  The COVID-19 pandemic has resulted in a multitude of criminal schemes.  Companies that rely on remote employees have to be vigilant in alerting employees to phishing, malware and other scams used by cyber-criminals and fraudsters. DOJ, the FBI and the private sector have been cooperating to...

General

30 Apr, 2020

Ensuring Employee Reporting in the New COVID-19 Pandemic Era

If there ever was a time that companies need to promote and encourage employee reporting, the time is now.  By employee reporting, I do not mean to single out hotline reporting – certainly that is one of many avenues to report concerns. In this era of fear and worry, companies need to recognize that their respective workforces are suffering from trauma (possible loss of family...

General

29 Apr, 2020

The Importance of the Human Resources and Compliance Partnership in the New COVID-19 Pandemic Era

Human Resources and Compliance have always had a natural and tight bond, assuming that there is no territorial or in-fighting political disputes.  In this new COVID-19 pandemic era, the HR and Compliance partnership is even more important. HR and Compliance have a critical challenge for moving forward – restoring employee trust in a safe and healthy work environment.  Company workforces are shell-shocked and they need...

General

27 Apr, 2020

The Risk of “Price Gouging” in the New COVID-19 Pandemic Marketplace

The COVID-19 pandemic era has transformed the economy  with a new emphasis on health and safety related products (e.g., sanitizers, toilet paper, designated medical supplies).  Our economy has suffered severe disruptions to demand and supply of goods and services.  In this new economy, businesses face extraordinary risks of federal and state prosecution for price gouging. The federal price gouging law applies narrowly to critical items...

Follow:

Michael Volkov
JD Supra Readers Choice Top Author 2024America's Top 100 Criminal Defense Attorneys 2023® Recipient Award Volkov Law Group Click Here

Watch The Latest Webinars on Volkov Law TV

watch-video-button

SUBSCRIBE TO CORRUPTION, CRIME & COMPLIANCE



More

Making Money Is Not a Mission

Moving the Goalposts

The Road Ahead

A Return to Common Sense

Pointing the Finger

Pointing the Finger