The D.C. Circuit held oral arguments on April 12, 2016 in the case PHH Corp v. Consumer Financial Protection Bureau (CFPB), a case challenging the CFPB’s constitutionality as well as its interpretations of the Real Estate Procedures Settlement Act (RESPA), including its view that no statute of limitations applies to RESPA violations challenged by the
You Can Pay Your Lawyer: Supreme Court Recognizes Limits on Pretrial Asset Restraints
Before the U.S. Supreme Court’s ruling last week in Luis v. United States, the government could freeze a criminal defendant’s assets before trial even if they bore no connection to the alleged crimes. With the ruling, if the restraint prevents the defendant from paying for counsel, it violates the Sixth Amendment.
Sila Luis faced…
Fifth Circuit Provides Guidance on Who Has Standing to Pursue an FCA Retaliation Claim
In United States ex rel. Bias v. Tangipahoa Parish School Bd., — F.3d —-, 2016 WL 906227 (5th Cir. 2016), the Fifth Circuit provided guidance on the scope of individuals with standing to bring an FCA retaliation claim under 31 U.S.C. § 3730(h). In reversing the lower court’s dismissal, the circuit court explained…
The SFO’s “ongoing” investigation into Alstom – Further Charges
We originally wrote in 2014 about charges that had been brought in September of that year by the UK’s Serious Fraud Office against the French Multinational’s UK subsidiary, Alstom Network UK Ltd, and two former employees and British nationals for corruption offences (under pre-Bribery Act era legislation) relating to transport projects in India, Poland, and Tunisia.…
7th Circ. May Be Willing To End FCA Circuit Split
The False Claims Act’s “public disclosure bar” calls for dismissal of complaints by qui tam plaintiffs (or “relators”) whose allegations have already been publicly disclosed. The primary aim of the bar is preventing parasitic suits based on public information. Courts generally agree that disclosure to the government alone does not count as disclosure to the…
The CFPB Files First Consent Order Involving Data Privacy
On March 2, 2016, the Consumer Financial Protection Bureau (CFPB) filed the first consent order (Order) addressing data privacy since the CFPB’s inception in 2010. The Order serves as a warning to all companies that collect, store and use sensitive customer information that misrepresentation of security practices, as well as noncompliant data protection procedures, will…
The Olympus Debacle: Why Internal Whistleblowing is a Good Thing for Compliance
The U.S. Department of Justice announced last week that Olympus Corporation of the Americas (OCA) agreed to pay $646 million to resolve three cases relating to its longstanding practice to bribe doctors and hospitals in the U.S. and abroad. The company entered deferred prosecution agreements (DPA) related to violations of the Anti-Kickback Statute (AKS) and…
Federal Judge Reverses Own Ruling on Release of Student Data
“Not so fast!” cried privacy advocates and parents when California federal judge Kimberly Mueller ordered the release of a huge database of personally identifiable student information to a group of plaintiffs’ lawyers.
Morgan Hill Concerned Parents v. California Department of Education is a lawsuit filed in 2011 that alleges that California schools have failed to…
Sharper Teeth for Sanctions Enforcement
The current UK sanctions enforcement regime is a complicated web reflecting the requirements of UN Security Council Regulations, EU Regulations, and UK Primary and Secondary Legislation. Penalties for breaches of sanctions are generally set out in the various statutory instruments that implement particular sanctions.
The UK Government, through the Policing and Crime Bill that is…
Freddie Mac and Fannie Mae Not Considered Government Agents Under the FCA
In United States ex rel. Adams v. Aurora Loan Servs., Inc., 2016 WL 697771, — F.3d —- (9th Cir. Feb. 22, 2016), the Ninth Circuit found that Fannie Mae and Freddie Mac were not government entities for purposes of the False Claims Act. In so holding, the Ninth Circuit provided further clarity to…