As tax season approaches, cryptocurrency investors and their advisors are facing heightened scrutiny. The New York State Office of the Attorney General recently announced its commitment to hold “cryptocurrency tax cheats accountable.” Taxpayers who fail to properly declare their crypto income could face treble damages, interest, and penalties under the New York False Claims Act, in addition to criminal prosecution and separate liabilities and penalties under the tax law.
Healthcare & Life Sciences Private Equity Deal Tracker: Berkshire Partners and Warburg Pincus Invest in Ensemble Health
Berkshire Partners and Warburg Pincus have agreed to invest in Ensemble Health Partners, according to a news release.
Ensemble, based in Cincinnati, Ohio, is a provider of technology-enabled revenue cycle management solutions for health systems. Founded in 2014, the company states it has partnered with nearly 300 hospitals across the United States.
FDIC Consumer Compliance Supervisory Highlights for State and Community Banks
On March 31, 2022, the Federal Deposit Insurance Corporation (FDIC) issued the March 2022 edition of its Consumer Compliance Supervisory Highlights. The publication provides a high-level overview of consumer compliance issues identified in 2021 through the FDIC’s supervision of state-chartered banks and thrifts that are not members of the Federal Reserve System. It provides important guidance regarding compliance priorities for these financial institutions.
New Utah Privacy Law Largely Overlaps with Existing State Statutes
The Utah Consumer Privacy Act (“UCPA”) passed by the Utah legislature was signed into law by Governor Spencer Cox on March 24, 2022 and becomes effective December 31, 2023. While companies conducting business in Utah will need to familiarize themselves with the law in order to become complaint if they are covered by the statute, the good news is that the UCPA creates only marginally different obligations than those found in California, Colorado, and Virginia’s data privacy laws.
TCPA Defendants Defeat Class Certification, Novel Autodialer Arguments; Lose Supreme Court Bid
Federal courts in recent Telephone Consumer Protection Act cases served up two victories and one disappointment for the defense. Siding with the defense, the 7th U.S. Circuit Court of Appeals ruled that defendants do not carry the burden of proof at class certification, and the 8th Circuit joined other courts in maintaining a narrow autodialer…
DOJ Publishes FCPA Declination on Cross-Border Bribery Investigation
Without fanfare, DOJ recently published a “declination and disgorgement letter,” the first FCPA declination published by the Department since August 2020.
District Court finds that AKS Violations are Per Se Material
Last month, the Central District of California granted the government’s affirmative motion for partial summary judgment in U.S. v. Reliance Medical Sys., 2022 WL 524062 (C.D. Cal. Feb. 2, 2022). The Reliance Medical case involved an FCA action based on a theory that certain physician-owned distributorships (PODs) violated the Anti-Kickback Statute (AKS). As detailed below, the Central District found – in accordance with the substantial majority of other courts – that violations of the AKS are material under the FCA.
New Complaint – Oregon JV LLC v. Advanced Investment et al.
Oregon JV LLC v. Advanced Investment et al. was filed in the United States District Court for the District of Oregon on March 2, 2022. Plaintiff asserts claims sounding in fraud and requests compensatory and equitable relief against a construction lender and other individuals and entities that funded various loans to a homebuilder with a history of fraud and embezzlement.
Plaintiff is a company that managed a construction loan pool for non-party Joseph Russi. Defendant Advanced Investment Corp (“AIC”) is an Oregon-based corporation that previously managed the loan pool at issue. The remaining Defendants consist of trustees of various trusts, Oregon-based financial institutions, and several Oregon residents, all of which were investors in the subject loan pool (the “Defendant Lenders”).
Healthcare & Life Sciences Private Equity Deal Tracker: TELEO Acquires CHCS Services From Capgemini
TELEO Capital Management has announced it has acquired CHCS Services from Capgemini America.
CHCS, based in Pensacola, Fla., is a technology-enabled third-party administrator for the senior health and eldercare markets. Founded in 1989, the company focuses on long-term care and Medicare supplement plans.
TELEO, based in El Segundo, Calif., is a lower middle…
Healthcare & Life Sciences Private Equity Deal Tracker: Kelso Sells Refresh Mental to Optum
Kelso & Co. has sold Refresh Mental Health to Optum, according to Axios.
Refresh Mental Health, based in Jacksonville Beach, Fla., is the parent company of mental health practices located throughout the United States. The company states that it has more than 300 locations in 37 states.
Kelso & Co., based in…