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The New Private Equity Post-Acquisition Paradigm
October 1, 2024 | Alert | By Eoin Beirne
Read about DOJ recent scrutiny of private equity deals, its initiatives aimed at increasing acquirer oversight of M&A transactions, and best practices for private equity sponsors in the current enforcement landscape.
Supreme Court in Jarkesy Limits the SEC’s Powers to Use In-House Administrative Courts
June 28, 2024 | Blog | By Matthew Levitt, Patrick E. McDonough
Yesterday, the Supreme Court issued its decision in the closely-watched SEC v. Jarkesy, holding that the SEC could no longer seek civil monetary penalties for fraud in its in-house courts consistent with the Seventh Amendment, which grants the right to a jury trial and thus requires such cases to be heard in federal court. The Supreme Court’s decision has potentially profound implications, not only for the SEC’s regulation of the securities industry, but for dozens of federal administrative agencies that, depending on the authorizing statute, can or must impose civil penalties through administrative proceedings.
Massachusetts Attorney General’s Office Indicting Dental Providers for Fraud and Patient Harm. Behavioral Health Providers Are on Notice.
June 18, 2024 | Blog | By Eoin Beirne
True to their word in several recent public statements, the Chief and Deputy Chief of the Medicaid Fraud Division have brought several recent criminal cases against dentists for fraudulent billing and unlicensed practice of dentistry.
Acting U.S. Attorney Levy Forecasts False Claims Act COVID Cases Targeting Private Lenders Of CARES Act Loans That Failed In Their Obligation To Safeguard Government Funds
June 5, 2024 | Blog | By Eoin Beirne, Jane Haviland
Acting U.S. Attorney Joshua Levy discussed the enforcement priorities for the Massachusetts U.S. Attorney’s Office (USAO) during a Q&A session on May 29, 2024, and made clear that the historical focus of the office remains the top priority: detecting and combating health care fraud, waste, and abuse.
DOJ Announces it is Designing a Whistleblower Rewards Program
March 18, 2024 | Blog | By Eoin Beirne, Karen Lovitch , Brian Dunphy, Nick A. LaPalme
In early March 2024 at the American Bar Association’s 39th National Institute on White Collar Crime, Deputy Attorney General (DAG) Lisa Monaco’s keynote remarks previewed the development of new and significant Department of Justice (DOJ or the Department) policy initiatives. Her speech reemphasized many of DOJ’s key themes throughout the current administration, including individual accountability, the importance of strong corporate compliance programs, incentivizing voluntary self-disclosure of misconduct, and adapting to keep up with disruptive technologies such as artificial intelligence.
EnforceMintz — DOJ’s Efforts in 2023 to Incentivize Voluntary Self-Disclosure
February 8, 2024 | Blog | By Eoin Beirne, Nick A. LaPalme, Karen Lovitch
In 2023, DOJ announced significant updates to the Criminal Division’s Corporate Enforcement Policy, the agency’s Voluntary Self-Disclosure Policy for corporate criminal enforcement, and a new safe harbor for voluntary self-disclosures made in connection with M&A deals, all aimed at incentivizing companies to self-disclose their misconduct.
DOJ Announces New M&A Safe Harbor Policy
November 28, 2023 | Blog | By Eoin Beirne, Nick A. LaPalme
Throughout 2023, the Department of Justice has prioritized voluntary self-disclosure of misconduct. The introduction of the M&A Safe Harbor Policy extends these principles to mergers and acquisitions, emphasizing the pivotal role of effective compliance programs. White Collar Defense and Government Investigations Practice Co-chair Eoin Beirne and Associate Nick LaPalme present a high-level summary of the policy, offering valuable insights into its implications for companies navigating the complexities of mergers and acquisitions.
Health Law Diagnosed – EnforceMintz – Part 2: DOJ Regulatory and Policy Update
April 25, 2023 | Podcast | By Bridgette Keller, Eoin Beirne, Karen Lovitch , Brian Dunphy
In this episode, Health Care Enforcement Defense specialists Eoin Beirne, Karen Lovitch, and Brian Dunphy discuss key regulatory and policy updates issued by the DOJ and their potential impact on False Claims Act cases, from self-disclosure to privacy regulations.
Health Law Diagnosed – EnforceMintz: Analyzing Health Care False Claims Act Cases
April 18, 2023 | Podcast | By Bridgette Keller, Karen Lovitch , Brian Dunphy, Eoin Beirne
Bridgette Keller speaks with Karen Lovitch, Brian Dunphy, and Eoin Beirne about the Mintz Health Care Enforcement Defense Practice’s recent edition of the EnforceMintz newsletter, Analyzing Health Care False Claims Act Cases, and key health care enforcement trends.
DOJ Issues Voluntary Self-Disclosure Policy for All United States Attorney’s Offices
February 24, 2023 | Blog | By Eoin Beirne, Cory S. Flashner, Edmund P. Daley, Nick A. LaPalme
Garland Memo May Provide White Collar Defendants Increased Opportunity for Negotiation While Updated Corporate Enforcement Policy Highlights the Importance the Department of Justice Places on Self-Disclosure, Cooperation, and Remediation
February 2, 2023 | Blog | By Eoin Beirne, Edmund P. Daley, Nick A. LaPalme
On December 16, 2022, United States Attorney General Merrick Garland issued two related memoranda (collectively, the “Garland Memo”) which provide guidance to federal prosecutors regarding department policies for charging, pleas, and sentencing. Following publication of the Garland Memo, on January 17, 2023, Assistant Attorney General for the DOJ’s Criminal Division Kenneth Allen Polite Jr. announced important revisions to the Criminal Division’s Corporate Enforcement Policy (the “CEP”), which alter how it will evaluate corporate criminal matters.
Regulator Turf Battles & Twitter Sleuths - Takeaways from the insider trader tipping scheme against a former Coinbase Employee
July 22, 2022 | Blog | By Cory S. Flashner, Edmund P. Daley
Calls for strong US-based crypto regulation and leadership are growing after the U.S. Attorney for the Southern District of New York (SDNY) announced charges against three men in the "first ever cryptocurrency insider trader tipping scheme." The SEC's decision to charge the same three defendants with securities fraud could have broad implications beyond this case, classifying crypto assets traded on Coinbase as securities.
FINCEN Seeks the Assistance of Financial Institutions in the Fight Against Environmental Crimes
November 24, 2021 | Blog | By Pete Michaels , Michael Pastore
FinCEN Identifies First National AML/CFT Policy Priorities
October 7, 2021 | Blog | By Randy Jones
FinCEN Notice Launches Regulatory Process Requiring Covered Domestic and Foreign Companies to Report Beneficial Ownership to U.S. Government
April 5, 2021 | Blog | By Steve Ganis, William F. Weld, Taylor Shepherd
Substantial AML Reforms Enable Regulators to “Follow the Money”
January 21, 2021 | Blog | By Pete Michaels , Cory S. Flashner, Laura E. Martin
How a Prior DOJ Settlement Doomed a SEC Enforcement Action: A Volkswagen Case Study
September 10, 2020 | Blog | By Ellen Shapiro
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