By: Sarah Wirskye & Adrienne Braumiller On November 29, 2017 the Department of Justice (“DOJ”) announced a Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“FCPA Policy”). The policy was incorporated into the United States’ Attorney’s Manual and is based on the 2016 FCPA Pilot Program designed to promote greater compliance. Under the …
New DOJ Policy Addresses Duplicative Corporate Penalties
On May 9, 2018, the United States Department of Justice (DOJ) announced a new policy discouraging duplicative corporate penalties. This policy was incorporated in the United States Attorneys Manual Section 1-12.100 and is titled “Coordination of Corporate Resolution Penalties in Parallel and/or Joint Investigations and Proceedings Arising from the Same Misconduct.” It contains the …
Increased Use of the Computer Fraud and Abuse Act
The Computer Fraud and Abuse Act (CFAA) is a United States cybersecurity law that was enacted in 1986 as an amendment to existing computer fraud law (18 U.S.C 1030), which had been included in the Comprehensive Crime Control Act of 1984. The statute has been amended several times since and most recently in 2008. …
Internal Revenue Service Begins Issuing Penalty Notices for Affordable Care Act Employer Shared Responsibility Payment
The Internal Revenue Service (IRS) recently began issuing penalty notices (IRS Letter 226J) to employers for their employer shared responsibility payment (ESRP) for 2015. Below is an overview of the basis of these letters, who may be subject to the ESRP, and how it is calculated from the IRS’ website. As further discussed in …
Tax Preparer Accused of Filing Bogus Returns Files Bogus Returns While Awaiting Trial, Feds Say
Dallas Morning News, March 11, 2018. Jimmy Luis Briseno was lucky for someone facing a felony tax fraud charge. Briseno, who ran a tax preparation business, got a break in 2016 when a federal judge granted his request to work at a related mailing business while awaiting trial on the tax case. The mailing …
DOJ Ends Use of Civil Enforcement Authority Including False Claims Act to Enforce Agency Guidance Documents
In January 2018, the Office of the Associate Attorney General issued a new policy that prohibits the Department of Justice (DOJ) from using its civil enforcement authority to convert agency guidance documents into binding rules. This policy prohibits DOJ’s civil litigators from using “guidance documents” in the enforcement of affirmative civil cases (ACE). This …
DOJ Announces FCA Policy on Dismissal of Actions
In January 2018, the Department of Justice (DOJ) issued a new policy about False Claims Act (FCA) dismissals. The policy instructs federal prosecutors to consider whether declined qui tam actions should be dismissed to better advance the government’s interest, under Section 3730(c)(2)(A) of the FCA. The policy specifically references the (1) use of government resources in …
Healthcare Fraud Investigations on the Rise
Healthcare fraud is a government priority. While there are variations depending on the industry, the government generally focuses on the same basic conduct in healthcare fraud cases. In light of that, there are some things that a healthcare provider can do in order to minimize their liability if they are under audit or investigation. …