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Since early 2022, representatives of the U.S. Department of Justice’s (“DOJ”) Antitrust Division have made a series of increasingly strident public remarks about the Antitrust Division’s newfound willingness to criminally prosecute unilateral conduct that violates Section 2 of the Sherman Act.
V&E Antitrust Update
On June 7, 2022, the media published a search warrant application seeking access to the electronic communications of a retired four-star Marine Corps general, General John R. Allen, in a criminal investigation into potential violations of the Foreign Agents Registration Act (“FARA”).
Larry Dean Harmon, the founder and operator of Helix, a darknet-based cryptocurrency “mixer” or “tumbler,” recently admitted that Helix partnered with darknet marketplaces to provide bitcoin money laundering services for darknet market customers.
A grand jury in Pennsylvania recently indicted the former Dean of Temple University’s business school, Dr. Moshe Porat, for wire fraud, alleging that he submitted false data to U.S. News & World Report in an effort to increase the ranking of Temple’s Fox Business School.
The Computer Fraud and Abuse Act (“CFAA”) was designed to stop hacking and other forms of cybercrime.
V&E Government Investigations Update
On April 12, 2021, President Joe Biden nominated Kenneth Polite Jr. as Assistant Attorney General for the Criminal Division at the Department of Justice (“DOJ”).
Last week, the Supreme Court of California issued a landmark decision finding that both state and federal constitutional law principles require judges to consider whether an arrestee can actually pay an amount fixed for money bail.
A version of this insight was published by Thomson Reuters Westlaw, April 16, 2021
On March 11, 2021, the U.S. District Court for the Eastern District of New York granted a stay in the civil case brought by the Securities and Exchange Commission (“SEC”) against GPB Capital Holdings, LLC (“GPB Capital”), pending resolution of the parallel Department of Justice (“DOJ”) criminal proceeding against the private-equity firm’s founder and associates.
In late 2019, Gustav Eyler, the Director of the U.S. Department of Justice’s (“DOJ”) Consumer Protection Branch (“CPB”), cited fraudulent data in clinical research trials for new drugs and medical devices as a topic of “major concern” for DOJ going into 2020.
A recent Fifth Circuit decision, United States v. Nora, reversed a clerical employee’s convictions for conspiring to commit health care fraud, conspiring to pay or receive illegal health care kickbacks, and aiding and abetting health care fraud because there was no evidence that the employee knew that his conduct was unlawful.
In a striking rebuke, the U.K. Supreme Court found that the U.K. Serious Fraud Office (“SFO”) overstepped its authority when it tried to access corporate documents from the United States.
On January 13, 2021, the Environmental Protection Agency (“the EPA”) announced its enforcement results for fiscal year (“FY”) 2020.