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The V&E Report
Insights in Government Enforcement and Investigations

Securities Fraud in the #MeToo Era: An Additional Source of Liability

A recent decision out of the Southern District of New York highlights a potential source of liability for companies and their directors in the #MeToo era. In addition to criminal liability and sunken profits, corporations and their executives and directors now face possible action under federal securities laws when they find themselves embroiled in a #MeToo scandal.

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Alert! Health-Tech Under the Microscope

When the DOJ announced that its Antitrust Division would focus attention on regulating “market-leading online platforms,” you may not have guessed it would zero in on non-competition related violations by healthcare platforms seeking to unify doctors, patients, and e-prescribing pharmacies as opposed to Big Tech.1

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  • 29
  • January
  • 2020

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Court Chooses Not to Follow Government Sentencing Recommendations for Opioid Executives: Prison Terms Range From 24 to 66 Months

This past week, a court sentenced the last of seven Insys Therapeutics, Inc. executives for their roles in an opioid racketeering conspiracy. The court sentenced the company’s founder, John Kapoor, to a five-and-a-half-year prison term. Prosecutors called Kappor “the fulcrum” of the criminal agreement to illegally push a fentanyl spray called Subsys.1 Insys marketed the opioid as a treatment for breakthrough cancer pain.

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GAO Urges DOD To Systematically Assess Fraud Risks Related to Contractor Ownership

On November 25, 2019, the Government Accountability Office (“GAO”) published a report examining the financial and nonfinancial fraud and national security risks to the Department of Defense (“DoD”) when contractors employ “opaque ownership structures.” GAO defined opaque ownership structures as those that conceal or obfuscate entities or individuals who own, control, or benefit financially from the contractor.

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Second Circuit Considers Reach of Bribery Laws Beyond U.S.

On November 7, 2019, a Second Circuit panel1 heard oral argument on whether the use of United States wire services in effecting a bribery scheme is enough, without more, to pull defendants within the scope of U.S. criminal honest-services wire fraud statutes.2 Appellants Juan Angel Napout, the former president of the South American soccer confederation known as CONMEBOL, and Jose Maria Marin, the former president of the Brazilian soccer federation known as the Brazilian Football Confederation, were convicted of wire fraud and racketeering in 2017, where after a six-week trial, the jury found that they had fraudulently awarded broadcast and media rights to international soccer tournaments to officials in Paraguay, Argentina, and Brazil.

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Proposed Law Seeks to Seal “8-K Trading Gap”

The recently proposed 8-K Trading Gap Act of 2019 seeks to address a perceived loophole in current insider trading laws, creating additional regulation and potential source of insider trading liability for directors and executives. In September 2017, Equifax announced a data breach that exposed the personal information of some 147 million people.

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