In U.S. v. Georges, 2021 WL 3887183 (S.D. Oh. Aug. 30, 2021), a federal court recently dismissed a defendant’s motion to dismiss a superseding indictment, denying her claim of prosecutorial vindictiveness related to multiple alleged violations of the Federal Anti-Kickback Statute. The defendant, Nicole Georges, was a pharmaceutical representative who coordinated speaking arrangements with physicians that allegedly induced increased drug prescriptions.  Ms. Georges was initially indicted on a single count for her participation in a single speaking event, however, the government later filed a superseding incitement alleging an additional violation of the Anti-Kickback Statute after plea negotiations failed twelve days before trial.  Despite her due process claims of prosecutorial vindictiveness, the court allowed the superseding indictment to stand.

On January 27, 2022, the Division of Examinations (“EXAMS”) of the U.S. Securities and Exchange Commission (“SEC”) published a Risk Alert with its Observations from Examinations of Private Fund Advisers. This Risk Alert is one of a series of signals of the SEC’s focus on private fund advisers under Chairman Gensler, including Form PF amendments proposed the day before the Risk Alert was published.

Harbour Point Capital (HPC) has announced it has completed an investment in Midwest Medical Transport.

Midwest Medical Transport (MMT), based in Columbus, Neb., is a provider of ambulance transportation services. Founded in 1987, the company states that it currently serves more than 200,000 patients annually for health systems in 10 states.

HPC, based in New…

Beecken Petty O’Keefe & Company (BPOC) has announced it will sell Cranial Technologies to Eurazeo.

Cranial Technologies, based in Tempe, Ariz., is a developer, manufacturer and provider of custom cranial orthotics for treating infants with plagiocephaly. Founded in 1986, the company manufactures the DOC Band, a custom cranial orthotic.

BPOC, based in Chicago,…

On January 25, 2022, the Financial Crimes Enforcement Network (“FinCEN”) solicited commentary regarding its proposed rule that would create a time-limited pilot program to expand the ability of financial institutions to share Suspicious Activity Reports (“SARs”) and SAR-related information.  (See 31 U.S.C. § 5318(g)(8)).  The proposed program would permit a financial institution with a SAR reporting obligation to share, subject to certain specified limitations, SARs and related information with the institution’s foreign branches, subsidiaries, and affiliates.  The proposed rule would expand on previous guidance FinCEN issued in 2006 and 2010 regarding SAR sharing within organizations.

Backed by unrealistically ambitious owners, well-intentioned business ideas that fail to meet expectations or become unsustainable regrettably often become full-fledged Ponzi schemes.  Today’s Growth Consultant, Inc. (“TGC”) represents an entity that faced the same fate.

TGC advertised to potential investors its expertise in building, acquiring, and monetizing online websites.  Investors paid an upfront fee to TGC to purchase, host, maintain, and market the investors’ websites in exchange for TGC’s guarantee that investors would receive a minimum rate of return in perpetuity on the revenues TGC generated from those websites.  TGC raised at least $75 million during a nearly three year period, but its business model proved unsuccessful—it failed to timely purchase and build the promised websites or generate the promised revenue to cover the guaranteed returns to investors.  Instead, TGC turned into a Ponzi scheme to sustain its failing business by paying early investors with money it raised from later investors.

TGC maintained its business bank accounts at Defendants Heartland Bank and Trust Company (“Heartland”) and PNC Bank, N.A. (“PNC”) (collectively, “Defendants”).  TGC banked with Heartland until October 2018, and with PNC thereafter until December 2019.  Defendants provided TGC with typical banking services, including deposit accounts, commercial loans and revolving lines of credit, ACH capabilities, and transfers into, out of, and among TGC’s accounts.

In a recent decision in PLB Investments LLC et al. v. Heartland Bank and Trust Co. et al., the Northern District of Illinois decided that various defrauded investors of TGC (“Plaintiffs”) did not set forth sufficient allegations to show actual knowledge of a Ponzi scheme or bad faith in support of various Illinois state law claims against PNC.  No. 20 C 1023, 2021 WL 5937152 (N.D. Ill. Dec. 15, 2021).  While different jurisdictions set varying thresholds for adequately alleging actual knowledge or bad faith, PLB Investments emphasizes the importance of analyzing these elements early on to determine whether a plaintiff has alleged sufficient facts on the pleadings.

Francisco Partners will acquire data and analytics assets from IBM that are currently part of its Watson Health business, according to a news release.

Assets that will be acquired by Francisco Partners reportedly include Health Insights, MarketScan, Clinical Development, Social Program Management, Micromedex and imaging software offerings.

Francisco Partners, with its U.S. headquarters…

Nautic Partners has made a strategic growth investment in SPS Health, according to a news release.

SPS, based in Milwaukee, offers a portfolio of solutions, including formulary management, on-demand pharmacy and benefit administration, to pharmacies and pharmacy benefit managers. Services are provided through SPS’s three companies: LithiaRx, Trinity Healthcare Solutions and StatimRx.

Nautic…

Entering 2020, corporate policyholders already faced a hardening insurance market. But as the COVID-19 pandemic continues to wreak havoc on global markets and sow civil unrest throughout the globe, and the insurance industry faces unprecedented losses, the market has further deteriorated entering 2022.

In fact, Reuters reported COVID-19 losses of $44 billion so far,…