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The Federal First Step Act of 2018

Here’s more meat on the bones of the new sentencing law from last week. Earning credit toward early release. You can earn 10-15 days of credit for every thirty that you participate in certain programs. These may include work programs, academic classes, vocational training, trauma counseling, substance-abuse treatment, faith-based services, and family-building and parenting. The credits Read More

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On the Friday Before Christmas …

When all through the House, not a creature was stirring, not even a mouse: Congress enacted a major change to federal sentencing law. It’s called the First Step Act, and you may have heard about it. Here’s a press release on it from the National Association of Criminal Defense Lawyers. What does it do? About ten things. Read More

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USDOJ Revisits Its Approach to Corporate Cases

On November 29, the Justice Department announced changes to its policy toward corporate prosecutions. These changes pivot from the ones announced three years ago that emphasized the prosecution of people, not just organizations. Among other things, they had required an organization that sought to cooperate with the government to identify all individuals involved before it would receive any Read More

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‘Tis the Season for Healthcare Enforcement

Speaking of health care, the federal government brought the heat again this summer. As it has for several years, it announced major, coordinated raids and arrests of healthcare providers and professionals around the country. We covered the government’s raids in 2015 and 2017, and they’re getting bigger and badder each year. This year’s takedown set new records Read More

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Don’t Grow Pot on Federal Property

It may go without saying, but then ask these guys. In 2012, the three of them were growing pot east of Sacramento, California when local police served a search warrant for their property. They readily told police they were using the property to grow pot under state law, but it turned out their actual grow Read More

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A Tale of Two Memos for White-Collar Cases and Whistleblowers

In the past month, the U.S. Justice Department has released two memoranda that will affect civil enforcement generally and the False Claims Act specifically. The first memo confirms that DOJ will more actively dismiss the whistleblower cases it turns down rather than let them run their course. The memo follows a surprise announcement in October Read More

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New DOJ Policy on Foreign Business Bribery

On the eve of the fortieth anniversary of the Foreign Corrupt Practices Act, the Justice Department has unveiled a policy that strongly encourages businesses to self-report any violations to the government on their own. Those that do can presume that the government won’t prosecute them criminally as long as they fix the problem timely and cooperate fully. That’s probably good Read More

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DOJ Will Clear Out Weak Qui Tam Cases

In a surprise announcement, the U.S. Justice Department says it will start moving to dismiss weak whistleblower cases brought under the False Claims Act rather than let them run their course. The announcement was made at a recent conference by the Director of Commercial Litigation for the Fraud Section of the Department’s Civil Division. I Read More

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Don’t Keep The Change, Doc

Meaning, don’t just pocket the difference when the government overpays you for healthcare goods or services. Recently, a medical group agreed to pay $450,000 to settle allegations that it refused to return $175,000 in overpayments that it received from federal healthcare programs like Medicare and Medicaid. Here’s the government’s press release. The overpayments at issue tend to happen in medical Read More

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Getting Removed From the Megan’s Law Website in California

Last week, we wrote about certificates of rehabilitation, which relieve you from having to register as a sex offender. As you may know, California publishes information from its sex-offender registry on a public website. The information includes your name, gender, date of birth, ethnicity, photograph, physical description, and relevant conviction. It also includes your home address or your county and Read More

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