Department of Justice Controversial Asset Forfeiture Program ResumedOn March 28, 2016, the Department of Justice announced it was resuming its contentious “equitable sharing” program that it had suspended only months earlier. The “equitable sharing” program allows liquidated assets seized in asset forfeiture cases to be shared between state and federal law enforcement authorities with local agencies receiving up to 80 percent of … Continue ReadingApril 6, 2016 |
Law Enforcement Cannot Freeze Assets Not Tied to Crimes, Supreme Court RulesThe U.S. Supreme Court, in a 5–to-3 decision, has ruled that federal law enforcement may not freeze an accused’s assets needed to pay criminal defense lawyers if the assets are not linked to a crime. Luis v. United States, No. 14-419 (Mar. 30, 2016). A federal statute provides that a court may freeze before trial … Continue ReadingApril 1, 2016 |
False Claims Act Particularity Standard Still Unclear But New York & New Jersey Cases Provide Additional GuidanceBy Susan M. Corcoran and Peter S. Seltzer We are seeing a growing number of False Claims Act (“FCA”), 31 U.S.C. §§ 3729 – 3733 cases where defendants test the sufficiency of relators’ pleadings, which is the heightened pleading standard under Rule 9(b). Rule 9(b) acts as a gatekeeping function by requiring that “in alleging … Continue ReadingMarch 21, 2016 |
“Put Up or Shut Up:” The Third Circuit Denies Former Tyco Employee’s SOX Whistleblower ClaimThere have been a series of legal battles since 2009 between Tyco Electronics Corp. and its former accounts payable manager, Jeffrey Wiest, fired for sexually harassing and engaging in inappropriate sexual relations with several female subordinates. In the latest skirmish, a Third Circuit panel unanimously backed Tyco, holding that Wiest was, in fact, discharged for … Continue ReadingFebruary 8, 2016 |
Department of Justice’s Asset Forfeiture Program Takes Huge Hit as Congress Eliminates FundingThe Department of Justice is suspending a program allowing local police departments to keep a large portion of assets seized under federal law, the Department announced December 21. This “equitable sharing” program has allowed liquidated assets seized in asset forfeiture cases to be shared between state and federal law enforcement authorities with local agencies receiving … Continue ReadingDecember 30, 2015 |
Greater Emphasis On Corporate Compliance ProgramsEarly in 2015, the FBI launched a new program aimed at routing out foreign bribery in which it established three dedicated international corruption squads, based in New York City, Los Angeles, and Washington, D.C. The FBI reported that members of these three squads—agents, analysts, and other professional staff—have a great deal of experience investigating white-collar … Continue ReadingDecember 21, 2015 |
Justice Department Announces Recovery Of Over $3.5 Billion From False Claims Act Cases In Fiscal Year 2015The Justice Department announced that it secured over $3.5 billion in settlements and judgments from civil cases involving fraud against the government in the fiscal year ending September 30, 2015 (“FY2015”). This is the fourth year in a row that the Justice Department has recovered more than $3.5 billion in cases under the False Claims … Continue ReadingDecember 8, 2015 |
Supreme Court to Decide Whether Government can Freeze a Defendant’s Lawful Assets Pre-ConvictionWhether the government can freeze all of a defendant’s assets before trial, even where those assets are not tainted by any connection to alleged federal offenses, thereby preventing a defendant from paying for his own defense, will be decided by the U.S. Supreme Court in Luis v. United States, No. 14-419. The federal Mandatory Victims … Continue ReadingNovember 18, 2015 |
Court to Rehear Whether Government May Compel Disclosure of Cell Phone Location Information Without a WarrantDuring a cellphone call, the cellphone interacts with its mobile carrier, allowing the carrier to track that phone’s approximate location, also known as cell-site location information or “CSLI.” CSLI is saved on the carrier’s computer system. Prosecutors can obtain this CSLI, often without a warrant, to place defendants at crime scenes by tracing movements of … Continue ReadingNovember 11, 2015 |
California Federal Court Adds to Debate over Scope of Dodd-Frank Act Anti-Retaliation ProtectionWritten by Joseph C. Toris and Eliza L. Lloyd In a decision perhaps overshadowed by the Second Circuit’s subsequent decision in Berman v. Neo@Ogilvy LLC, 14-4626 (2d Cir. Sept. 10, 2015) two days later, a district court in California has added to the growing split among federal courts on the scope of the Dodd-Frank Act’s anti-retaliation … Continue ReadingOctober 1, 2015 |
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