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Articles by Brea Croteau
SCOTUS Appears Poised To Reject Defense-Friendly Safeco Scienter Standard In FCA Cases | JD Supra
On April 18, 2023, the Supreme Court of the United States (SCOTUS) heard oral arguments in a pair of monumental False Claims Act (FCA) cases to decide whether and when a defendant’s subjective understanding of an objectively reasonable interpretation of an ambiguous law is relevant in proving scienter. Under review is the scope and applicability of the Court’s landmark scienter decision in Safeco Insurance Co. of America v. Burr, 551 U.S. 47 (2007), in FCA cases.
DOJ Continues to Target Lab Sales Arrangements and Ordering Practices | JD Supra
Signaling its continued scrutiny of the laboratory industry, the Department of Justice (DOJ) entered into a settlement agreement with Texas lab Genotox Laboratories Ltd. last month related to compensation Genotox paid to sales reps for recommending Genotox’s urine drug tests (UDT).
“Vague” Insurance Policy Requires Insurer to Defend Lawyer in Criminal Case, New York Judge Rules | JD Supra
After a recent ruling by Eastern District of New York Judge Joan Azrack, Fireman’s Fund Insurance Co. will have to provide defense for Jason Kurland, also known as the “Lottery Lawyer,” in the criminal action against him. Kurland is currently facing charges of fraud and unlawful monetary transactions after allegedly swindling tens of millions of dollars from lottery winners and participating in an extortion plot. Why is this important to legitimate business leaders?
“Vague” Insurance Policy Requires Insurer to Defend Lawyer in Criminal Case, New York Judge Rules
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
DOJ’s New Settlement Policy Demonstrates Increased Focus on Robust Compliance Programs | JD Supra
On Wednesday, Assistant Chief of DOJ Fraud Section’s Corporate Enforcement, Compliance, and Policy Unit, Lauren Kootman, confirmed the Department’s new policy of having chief compliance officers certify settlement agreements with the DOJ. These certifications will “most likely” be a part of every new agreement with the Department going forward.
DOJ’s New Settlement Policy Demonstrates Increased Focus on Robust Compliance Programs
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Eleventh Circuit Rules Probation Sentence “Clear Error of Judgment” for Tricare Fraudster | JD Supra
Last Monday, the Eleventh Circuit ruled that the Middle District of Florida’s sentence of probation for former physician Nicole Bramwell in a $4.4 million Tricare fraud case was substantively unreasonable. The district court’s original sentence of probation, with one year to be served in home detention, was a significant downward departure from the guideline range of 78 to 97 months in prison for her offenses.
SCOTUS to the FTC: No More Line-Jumping in Seeking Equitable Monetary Relief | JD Supra
On Thursday, the Supreme Court ripped away the Federal Trade Commission’s preferred method of obtaining restitution and disgorgement from bad marketplace actors, ruling that § 13(b) of the Federal Trade Commission Act did not permit the FTC to directly seek court orders for monetary relief. Instead, the Court ruled in AMG Capital v. FTC, the FTC must first go through the administrative procedures set forth in § 5 of the Act.
DOJ Creates National Rapid Responce Strike Force As Focus On Health Care Fraud Continues To Grow | JD Supra
As COVID-19 continues to ravage the United States, the Department of Justice (DOJ) has recently announced its new National Rapid Response Strike Force within the Health Care Fraud Unit to investigate and prosecute fraud cases involving major health care providers that operate in multiple jurisdictions.
DOJ Creates National Rapid Response Strike Force As Focus on Health Care Fraud Continues to Grow | JD Supra
As COVID-19 continues to ravage the United States, the Department of Justice (DOJ) has recently announced its new National Rapid Response Strike Force within the Health Care Fraud Unit to investigate and prosecute fraud cases involving major health care providers that operate in multiple jurisdictions.
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