Just the Facts, Ma'am. Just the Facts.
Nothing can guarantee success, but McInerney stressed the importance of full cooperation: "The bottom line is, get us the facts. That is what cooperation is all about. If you do that you'll get credit for cooperation, and if you don't, you won't get that credit."
No Rest for the Weary for SEC Litigation
There have been a recent spate of denials of motions filed by the SEC to stay civil enforcement actions filed simultaneously with DOJ criminal actions. According to acting Deputy Assistant Attorney General Greg Andres, these are "interesting times." Typically, when the SEC and DOJ conduct parallel investigations, the two agencies try to file actions at the same time. Often, because the SEC action is civil, susceptible to civil discovery, the parties ask the court to stay that case until the criminal matter is resolved. In some courts, the agencies seek to relate cases to one judge to increase the chance of a stay; in other courts, that option is unavailable. The takeaway: to avoid getting scooped, DOJ may push for short trial dates.
A New Weapon To Report Healthcare Fraud
The Department of Health and Human Services Office of Inspector General created a Hotline website to improve the public's ability to report healthcare fraud. OIG reports it received about 125,000 phone complaints and roughly 17,000 e-mail complaints last year, which it hopes to increase with the implementation of the website.
A Cash Incentive for Whistleblowers
Section 922 of the Restoring American Financial Stability Act of 2010, which is in conference, would reward employees who blow the whistle on securities violations with up to 30% of any monetary penalties over $1 million. If it becomes law, this change will create a cash incentive for whistleblowers (similar to the False Claims Act) to report wrongdoing.
The Devil Is Now in the (Individual) Details
Attorney General Eric Holder issued a memorandum to all federal prosecutors regarding the DOJ policy on charging and sentencing. The memo loosened some of the restraints placed on prosecutors by the now-superseded Ashcroft Memo, which instructed prosecutors to seek an indictment for the highest, most readily provable offense and to pursue a sentence within the applicable Guidelines range. In contrast, while the Holder Memo has similar instructions, it invites prosecutors to consider "an individualized assessment of the facts and circumstances of each particular case" when making charging and sentencing decisions.
Double Your Prosecution, Double Your Jeopardy
The en banc Third Circuit held in United States v. Rigas that when the government brings charges under 18 U.S.C. § 371, a "successive prosecution" relating to the same scheme constitutes double jeopardy in violation of the Fifth Amendment. In Rigas, the U.S. Attorney's Office for the Southern District of New York indicted the defendants for a wide-ranging scheme to defraud Adelphia Communications Corporation in violation of § 371. Subsequently, the U.S. Attorney's Office for the Middle District of Pennsylvania indicted them for conspiracy to defraud the United States under the same statute. The en banc Third Circuit ruled the second indictment was barred as double jeopardy.
Day Pitney Newsletter
Steven Cash authored an article, "Why Immediate Public Release of Mueller Report Would Be Bad for National Security, Politics," published by The Hill.
Day Pitney Newsletter
Day Pitney Newsletter
Dan Wenner and Stan Twardy authored an article, "Forfeiture and the Eighth Amendment," published in the January/February issue of GPSolo Magazine, a publication of the American Bar Association.
Stan Twardy was quoted in an article, "5 Things to Know About John Durham—Barr's Pick to Probe Root of Russia Investigation," published by the Connecticut Law Tribune.
Stan Twardy was featured on a News 12 segment focusing on reports that U.S. Attorney General William Barr has assigned U.S. Attorney for the District of Connecticut John Durham to examine the origins of the Russia probe.
Stan Twardy was quoted in an analysis article, "Mueller Report Puts Question To Congress: What Next?, " published by Law360.
Stan Twardy was interviewed on News 12 Connecticut regarding special counsel Robert Mueller's report on his inquiry into Russian interference in the 2016 presidential election.
Stan Twardy was quoted in an article, "Mueller Report Pulls Back Curtain on Russian Contacts with Connecticut's Paul Manafort, Hope Hicks, " published by the Hartford Courant.