United States Sentencing Commission Releases Report on Federal Economic Crime Statistics

By Sarah Q. Wirskye - On

The United States Sentencing Commission just released a report containing sentencing statistics in economic crime cases, titled What Does Federal Economic Crime Really Look Like. https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2019/20190130_Econ-Crime.pdf. The report is a good resource for white collar criminal attorneys. It contains sentencing data for defendants sentenced under the economic crime sentencing guideline, §2B1.1.  The data includes …

Department of Justice Softens the Yates Memorandum

By Sarah Wirskye - On

In September 2015, the Department of Justice (DOJ) issued guidance to its prosecutors aimed at encouraging white collar criminal and civil cases against corporate executives.  This policy is commonly known as the Yates Memorandum. On November 29, 2018, DOJ Deputy Attorney General Rod J. Rosenstein announced the revised policy.  Citing inefficiencies and wasted resources, …

New Opioids Anti-Kickback Law Targeting Non-Government Pay Patients

By Sarah Q. Wirskye - On

On October 24, 2018, President Trump signed legislation to combat the opioid epidemic called the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT for Patients and Communities Act). Part of the legislation criminalizes illegal remunerations for referrals to recovery homes, clinical treatment facilities and laboratories (Recovery Kickback Provision …

Qui Tam Relator Cannot Intervene in Criminal Forfeiture Case

By Sarah Q. Wirskye - On

In United States v. Couch, No. 17-13402 (11thCir. Oct. 17, 2018), the court addressed whether the False Claims Act (FCA) allows a Relator to intervene in a criminal forfeiture proceeding when the government prosecutes the fraud criminally rather than intervene in the FCA case. The court held that even if the FCA could be …

Supreme Court Broadens Sales Tax Obligations on Online Retailers

By Sarah Wirskye - On

In South Dakota v. Wayfair, 138 S. Ct. 2080 (2018), the Court held that states can require internet retailers to collect sales taxes in states where they have no physical presence. The 5-4 opinion was written by Justice Kennedy, and Justices Thomas, Ginsburg, Alito and Gorsuch joined the majority opinion. President Trump, who has …

False Claims Act Basics

By Sarah Q. Wirskye - On

The False Claims Act (31 U.S.C. §§3729-3733) (“FCA”) imposes liability on persons and companies who defraud the government.  It is the federal Government’s primary tool in combating fraud against the Government. There are also similar provisions under most states’ laws.  Because of changes in the law, which make it easier to file these actions, …

Government’s Use of the Travel Act to Combat Bribery in Healthcare Fraud Cases

By Sarah Q. Wirskye - On

Healthcare fraud continues to be a government priority.  And right now the government is focusing on cases with healthcare business referrals in exchange for something of value. The government usually prosecutes these cases under the federal anti-kickback statute, 42 U.S.C. §1320a-7b(b). The anti-kickback statute criminalizes the offering, paying, soliciting or receiving anything of value …

Foreign Corrupt Practices Act – To Disclose or Not Disclose under DOJ Policy

By Sarah Q. Wirskye - On

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

By Sarah Q. Wirskye - On

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

By Sarah Q. Wirskye - On

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. …