On April 25, the Consumer Financial Protection Bureau announced that it will begin examining nonbank “covered persons” that it has determined pose risks to consumers. What is most striking about the announcement is not that the CFPB will start examining this category of nonbanks — it’s had that authority since its inception — but that
CFPB’s New Interest in Examining Fintechs is Likely to Mean More Naming and Shaming by the Agency
On April 25, 2022, the Consumer Financial Protection Bureau (CFPB) announced that it will begin examining nonbank “covered persons” that it has determined pose risks to consumers. The CFPB has had this authority since its inception. The Dodd-Frank Act empowered the CFPB to examine this category of nonbanks, which might include fintech firms that are not otherwise subject to the CFPB’s supervision authority, such as social-media websites that offer payment-processing services to consumers. And in 2013, the CFPB adopted a rule for implementing its authority that requires the agency to follow certain procedures in determining whether a company poses risks to consumers.
COVID Nursing Home Patient Safety Failures Not Actionable under FCA in New York
In Conte v. Kingston NH Operations LLC, 2022 U.S. Dist. LEXIS 21686, *1, 2022 WL 356753, a New York District court granted a defendant’s motion to dismiss an employee’s false claims allegations under the False Claims Act (the “FCA”) and the New York False Claims Act (the “NYFCA”). The case stemmed from allegedly improper patient care and workspace safety during the COVID-19 pandemic, which the plaintiff brought against a New York nursing home operator under both the FCA and NYFCA. Despite multiple alleged COVID-related deaths and demonstrated care issues that the court acknowledged were present, the court dismissed the case as such allegations were not actionable under these fraud and abuse statutes.
KKR Closes New North America Private Equity Fund With $19 Billion
KKR has announced it has closed its newest fund, KKR North America Fund XIII, with $19 billion.
The fund, which will focus on pursuing private equity investments in North America, was oversubscribed.
The private equity platform of Kohlberg Kravis Roberts (KKR) & Co., which is based in New York, considers investments in all industries, including…
Healthcare & Life Sciences Private Equity Deal Tracker: TPG Capital to Acquire Change Healthcare’s ClaimsXten From UnitedHealth
TPG Capital has agreed to acquire ClaimsXten, Change Healthcare’s claims editing business, from UnitedHealth for $2.2 billion, according to news reports.
The sale of ClaimsXten will only proceed if UnitedHealth’s acquisition of Change Healthcare is completed. The acquisition is currently on hold after the U.S. Department of Justice sued to stop the deal.
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DOJ and SEC Kick Off the Second Quarter with Major FCPA Settlement with International Waste Management Company
On April 20, 2022, the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) separately announced that Stericycle Inc. (Stericycle), an international waste management company headquartered in Lake Forest, Illinois, has agreed to pay more than $84 million to resolve parallel investigations by authorities in the United States and Brazil. The investigation is related to the bribery of foreign officials across several countries in Latin America.
Healthcare & Life Sciences Private Equity Deal Tracker: CD&R Acquires Kindred at Home Divisions for $2.8 Billion
Clayton, Dubilier & Rice (CD&R) will acquire the hospice and personal care divisions of Humana’s Kindred at Home (KAH) subsidiary for about $2.8 billion, according to a news release.
The transacted divisions include patient-centered services for hospice, palliative, community and personal care.
The deal is expected to close in the third quarter.
CD&R, with…
New Complaint – SEC v. David J. Bunevacz et al.
Securities Exchange Commission v. David J. Bunevacz et al. was filed in the United States District Court for the Central District of California on April 5, 2022, seeking an injunctive relief, disgorgement, and civil penalties. Specifically, the complaint alleges violations of federal securities laws, including Sections 10(b) and 10b-5 of the Securities Exchange Act of 1934 and Sections 17(a), 5(a) and 5(c) of the Securities Act of 1933.
The SEC brought this enforcement action against David J. Bunevacz (“Bunevacz”) and two entities under his control, Caesarbrutus LLC and CB Holding Group Corp., along with his stepdaughter Mary Hayca Bunevacz (“Mary Hayca”). Bunevacz and his entities are engaged in the production and sale of cannabis products, particularly “vape” pens infused with Cannabidiol (“CBD”).
Healthcare & Life Sciences Private Equity Deal Tracker: Enhanced Healthcare Invests in Vytalize
Enhanced Healthcare Partners (EHP) has announced it has completed a strategic growth investment in Vytalize Health.
Vytalize, based in Hoboken, N.J., is a value-based care platform for seniors. The company’s vertically integrated solution combines a risk-bearing entity, virtual and in-home clinic model, and technology platform. Vytalize states that it supports physicians caring for more…
Healthcare & Life Sciences Private Equity Deal Tracker: FFL Partners Invests in Perlman Clinic
FFL Partners has announced it has invested in Perlman Clinic.
Perlman, based in San Diego, is an independent provider of primary care in the Greater San Diego Market. Founded in 2005, Perlman operates 16 facilities staffed by more than 100 primary care providers who provide primary care, urgent care, behavioral health and wellness services.
FFL…