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Oklahoma City Hospital, Management Company, And Physician Group To Pay $72.3 Million To Settle Federal And State False Claims Act

General

30 Jul, 2020

Oklahoma City Hospital, Management Company, And Physician Group To Pay $72.3 Million To Settle Federal And State False Claims Act

The Justice Department’s enforcement programs are resuming – False Claims Act, FCPA and other programs will continue.  The rate of enforcement, however, is subject to change once again from the impact of the pandemic. As the pandemic continues to spread, DOJ focus on pandemic related fraud and other scams will divert resources from “traditional” priorities. DOJ’s commitment to False Claims Act prosecutions in the health...

General

29 Jul, 2020

Indivior Solutions Pleads Guilty to False Statements and Agrees to Pay $600 Million to Resolve Criminal and Civil investigations for Marketing of Opioid Addiction Treatment Drug Suboxone

DOJ’s aggressive enforcement of the opioid industry is a striking example of the power of federal prosecutors when focused on an industry.  Once prioritized for enforcement, DOJ has quickly brought together prosecutors and law enforcement to target corporate actors and companies with the full force of criminal and civil statutes. In a significant case, DOJ announced the resolution of its criminal and civil investigations against...

DOJ Criminal Generic Pharma Price-Fixing Investigation Gathers Steam: Taro Pharmaceuticals Agrees to Pay DOJ Total of $419 Million

General

28 Jul, 2020

DOJ Criminal Generic Pharma Price-Fixing Investigation Gathers Steam: Taro Pharmaceuticals Agrees to Pay DOJ Total of $419 Million

The DOJ Antitrust Division’s multi-year criminal cartel investigation of the generic pharmaceutical industry is gaining steam.  The latest company to settle is Taro Pharmaceuticals which agreed to enter a deferred prosecution agreement and pay a $205.7 million penalty to resolve charges relating to a criminal price-fixing conspiracy.  The Antitrust Division’s settlement with Taro is the 10th case, and the 6th company to be charged or...

DOJ and OFAC Settle with UAE Company for $665,112 for Violations of North Korea Sanctions

General

27 Jul, 2020

DOJ and OFAC Settle with UAE Company for $665,112 for Violations of North Korea Sanctions

The Justice Department and OFAC announced a settlement with Essentra FZE Company Limited (“Essentra FZE”), a cigarette filter and tear tape manufacturer, for violation of the North Korea Sanctions Program.  The violations were based on payments for goods that were received by a foreign branch of a U.S. bank.  Essentra FZE, a UAE company, manufactures and sells cigarette filters and tear tape for customers in...

Episode 153 — Mighty Amazon Falls to the OFAC Sword

Podcasts

26 Jul, 2020

Episode 153 — Mighty Amazon Falls to the OFAC Sword

Amazon joins the exclusive club of high-tech OFAC violators.  Last year, Apple settled with OFAC for sanctions violations.  This year, we can add Amazon to the list of OFAC violators. On July 8, 2020, Amazon settled with OFAC for $134,523 for violations of multiple OFAC sanctions programs.  Amazon’s violations stemmed from deficiencies from its sanctions screening processes.  As a result, Amazon provided goods and services:...

Universal Health Agrees to Pay $122 Million for False Claims Act Violations

General

24 Jul, 2020

Universal Health Agrees to Pay $122 Million for False Claims Act Violations

DOJ announced a False Claims Act settlement with Universal Health (“UHS”) and related companies for $122 million for billing for medically unnecessary inpatient behavioral health services, failing to provide adequate services and paying kickbacks to beneficiaries. The government’s long-running investigation of UHS has stemmed from at least eighteen (18) whistleblower lawsuits.  DOJ also closed a related criminal investigation of UHS.  It is not known if...

General

22 Jul, 2020

The Mighty Amazon Falls to the OFAC Sanctions Sword

How the Mighty Have Fallen – Old Testament (2 Samuel 1:19) The Harder They Come, the Harder they Fall – Jimmy Cliff (song) Amazon joins the exclusive club of high-tech OFAC violators.  Last year, Apple settled with OFAC for sanctions violations.  This year, we can add Amazon to the list of OFAC violators.  On July 8, 2020, Amazon settled with OFAC for $134,523 for violations...

Steele Announces New “Risk Intelligence Data” Platform

General

21 Jul, 2020

Steele Announces New “Risk Intelligence Data” Platform

Last week, Steele Compliance Solutions announced the global rollout of its new “Risk Intelligence Data” platform. As a global leader in ethics and compliance data management technologies, Steele makes a patented addition to the compliance technology landscape that is well-positioned to continue raising the bar for data processing and automation of third-party relationships. One downfall of many traditional compliance databases is that they risk being...

While Navigating Middle Ground, Supreme Court Upholds Congressional Subpoena for President Trump’s Financial Records (Part II of II)

General

21 Jul, 2020

While Navigating Middle Ground, Supreme Court Upholds Congressional Subpoena for President Trump’s Financial Records (Part II of II)

In a companion case to Trump v. Vance, which I discussed in Part I, the Supreme Court, in Trump v. Mazars, rejected Trump and DOJ’s challenges to enforcement of congressional subpoenas for Trump’s financial records.  Again, Chief Justice Roberts, writing for the Court, in a 7-2 vote, upheld the subpoenas but ordered the lower court to apply a comprehensive four-part test to the proposed subpoenas....

Episode 152 — Supreme Court Issues Two Important Decisions on Subpoenas for President Trump’s Financial Records

Podcasts

21 Jul, 2020

Episode 152 — Supreme Court Issues Two Important Decisions on Subpoenas for President Trump’s Financial Records

The Supreme Court, in two important decisions issued on the last day of the Term, rejected Trump and DOJ challenges to a New York Criminal Grand Jury subpoena and several Congressional subpoenas for Trump’s financial records. In a decisive ruling, in Trump v. Vance, the Supreme Court rejected by a 7-2 vote, President Trump’s challenges to a New York State grand jury subpoena.  In a separate case, Trump...

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