By Mani Dabiri | Published June 16, 2017 | Posted in Civil Business Litigation and Investigations, Federal and State Criminal Defense, Government Subpoenas and Investigations, Post-Conviction Defense and Appeals, White-Collar and Regulatory Defense | Tagged Tags: assetforfeiture, excessivefines, punishment, restitution, SEC, securitiesandcommodities, statutesoflimitations, warondrugs |
White-Collar to Blue-Collar in One Day
Last week, the U.S. Supreme Court issued two notable decisions on the same day. One was a civil white-collar case, the other a criminal drug-trafficking case, and in both cases, the Court reversed the lower-court ruling on appeal. In the civil case, the Court imposed a five-year statute of limitations on SEC cases that seek to disgorge profits. That’s Read More
Read MoreFederal Healthcare Fraud Is A Continuing Offense
Which means the statute of limitations won’t matter if the government can characterize your conduct as one, continuous scheme that extended into the limitations period. So held a decision last week by the U.S. Court of Appeals for the Ninth Circuit, which covers California and eight other states. The decision affirmed a podiatrist’s conviction for violating the federal healthcare Read More
Read MoreIn the Light of Perpetual War
Yesterday, the U.S. Supreme Court unanimously decided an important case that was closely watched by lawyers who prosecute and defend whistleblower actions. The background is the False Claims Act, which was passed in 1863 to fight rampant fraud in Civil War defense contracts. The FCA imposes liability on anyone who knowingly presents a false or fraudulent claim for payment to the government. Read More
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