In a decision last Thursday, the United States District Court for the District of Columbia held that the Wartime Suspension of Limitations Act (WSLA) does not apply to the current version of the False Claims Act (FCA). United States ex. rel. Landis v. Tailwind Sports Corporation, No. 10–cv–00976 (RLW), 2014 WL 2772907, at *39-42 (D.D.C.
Ken Clarke reviews the law enforcement response to City scandals
There is also a pivotal issue that needs to be urgently reviewed: is the jury system properly configured to cope with the prosecution of serious and complex fraud?
“The FCPA Does Not Define the Term ‘Instrumentality,’ and this Court Has Not Either.” The 11th Circuit Issues a Decision “Defining” Instrumentality
On May 16, 2014, the U.S. Court of Appeals for the 11th Circuit ruled in U.S. v. Esquenazi that the Foreign Corrupt Practices Act’s (FCPA’s) “instrumentality” provision could include state-owned businesses.
Joel Esquernazi and Carlos Rodriquez co-owned Terra Communications (Terra). In 2011, a jury convicted Esquernazi and Rodriquez on 21 counts related to
All Relief Sought by SEC Subject to 5-Year Statute of Limitations
As we reported last year, the U.S. Supreme Court’s decision in Gabelli v. SEC precludes the SEC from using the “discovery rule” to extend the five-year statute of limitations on the government’s claims for civil penalties available under 28 U.S.C. § 2462. In Gabelli, the Supreme Court expressly declined to address whether the statute
The Importance of Getting It Right: Employment Eligibility Verification
Employers are required to complete and retain a Form I-9 for each individual hired. As part of this process, employers verify the individual’s identity and employment eligibility by reviewing supporting documents and recording the information on the Form I-9. On its face, it might seem like a simple step for an employer to review a
Violations of the ITAR, EAR or OFAC Regulations: Mistake or Willful Act?
The laws regarding what can be exported from the U.S. and where those exports can go are complex. Not surprisingly, these laws are violated on occasion. When violations occur, the critical question for enforcement agencies is whether the violations were willful. The answer to that question generally determines whether the violation is treated as a
Who would be a Regulator?
It’s no fun being a Regulator. Either you are criticised for being supine, and allowing the world to go to hell in a handcart because your ‘light touch’ form of regulation has allowed an excessively greedy regulated community far too much latitude
Still in Its Sights: The SEC Continues Its Increased Scrutiny of Hedge Funds
As we have previously reported, the SEC is increasingly scrutinizing hedge funds and other private funds and has suggested that it will pursue enforcement actions against advisers to such funds as appropriate. The SEC’s increased scrutiny flows in large part from Dodd-Frank’s elimination of the private adviser exemption, which has meant that most investment
Obstruction of (Contemplated) Justice
Imagine you are a federal prosecutor and the following fact pattern lands on your desk: a college student has gained unauthorized access to the email account of a candidate for federal office. He changed the email account password and then shared the new password on an Internet message board. Within one day, fearing a possible
Avoiding Waiver When Disclosing Facts to the Government
All but a handful of courts find that companies disclosing privileged communications or protected work product to the government waive both of those protections. Courts properly analyzing waiver rules also recognize that disclosing historical facts does not cause a waiver – because historical facts are not privileged.
In two related cases, Judge Francis of the