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The Trump administration’s decision to fold the Justice Department’s Tax Division into its Criminal Division and to identify tax fraud as an enforcement priority of the National Fraud Enforcement Division has renewed interest in how state governments administer their own criminal tax laws and prosecute tax crimes. There is no single, uniform tax crimes code shared by all states, but there are patterns and offense categories that repeat across the country that practitioners must recognize.
DOJ may dismiss qui tam False Claims Act cases at any point, as long as it intervenes in the case and satisfies the deferential Federal Rule of Civil Procedure 41(a) standard. The US Supreme Court, in its 8-1 June 16, 2023, opinion in U.S. ex rel. Polansky v. Executive Health Resources, Inc.,1 clarified the government’s ability to dismiss False Claims Act (FCA) cases over a relator’s objection.
Companies should take steps now to prepare for the new rules and expectations. The US government continues to expand regulatory requirements around notification and disclosure of major cyberattacks or incidents. New measures are arriving on the heels of high-profile ransomware attacks on US companies and critical infrastructure, such as the Colonial Pipeline hack that caused gas shortages in the eastern United States last summer.
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