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THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

Laura Colombell Marshall

Photo of Laura Colombell Marshall Laura is a partner in the firm’s nationally recognized Government Investigations and White Collar practice. She advises clients on a wide range of criminal, civil and regulatory enforcement matters. She has successfully defended companies and executives facing high stakes investigations, criminal exposure and reputational risk. She also advises on compliance issues and has extensive experience managing risks associated with corruption, money laundering and economic sanctions.

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G7+ Coalition Issues Alert on Russian Oil Price Cap Evasion Methods and How to Report Violations

Energy Enforcement, Sanctions, Trade Embargo, and Export Controls
On February 1, 2024, the G7+ Coalition (consisting of the G7, the European Union, and Australia) published an Oil Price Cap (OPC) Compliance and Enforcement Alert (the “Alert”), identifying notable OPC evasion methods and recommending various methods to reduce the risk of evasion and its negative impacts.  The OPC was enacted in December 2022 in… Continue Reading

“There are Cops on the Beat”: DOJ’s Procurement Collusion Strike Force Leader Emphasizes Criminal Antitrust as Top Enforcement Priority

Compliance
On September 14, 2023, Daniel W. Glad — Director of the Procurement Collusion Strike Force (“Strike Force”) for the Department of Justice’s (“DOJ”) Antitrust Division — gave remarks as the keynote speaker for the Virginia Bar Association’s Annual White-Collar Fall Forum, emphasizing a renewed commitment to pursuing criminal investigations in the federal procurement arena.  DOJ… Continue Reading

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

Government Contracts
Influenced by the U.S. Supreme Court’s SFFA college affirmative action decision, on July 19, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal contractor eligibility for its 8(a) Business Development program according to a “rebuttable presumption” that individuals of certain racial groups are socially… Continue Reading

Departments of Justice, Commerce and Treasury Issue Tri-Seal Compliance Note on Voluntary Self-Disclosure of Potential Violations

Sanctions, Trade Embargo, and Export Controls
On July 26, 2023, the U.S. Department of Justice’s National Security Division, U.S. Department of Commerce’s Bureau of Industry and Security, and U.S. Department of the Treasury’s Office of Foreign Assets Control issued a Tri-Seal Compliance Note (the Note) detailing updates to the three agencies’ voluntary self-disclosure policies applicable to violations of U.S. sanctions, export… Continue Reading

U.S. Department of Justice and Partners Increasing Enforcement of Sanctions and Export Controls

Sanctions, Trade Embargo, and Export Controls
It has been a little more than a year since Russia’s invasion of Ukraine, and the war continues to rage.  In an effort to deter the Russian government and weaken its military capabilities, the United States has imposed significant sanctions and export controls targeting Russia.  Recognizing that these sanctions and export control laws merit aggressive… Continue Reading

Analysis of DOJ’s FY 2022 FCA Statistics and the Mixed Signals Therein

Fraud, Deception and False Claims
Earlier this month, the U.S. Department of Justice (DOJ) announced that it recovered over $2.2 billion under the False Claims Act (FCA) in Fiscal Year 2022.[1] That is a steep drop from last year’s near-record $5.7 billion haul and the lowest annual recovery since 2008. That year-over-year decline, though, was exacerbated by a $3 billion… Continue Reading

Supreme Court Signals Interest in Clarifying Pleading Requirements in False Claims Act Suits

Fraud, Deception and False Claims
The U.S. Supreme Court soon will decide whether to tackle a longstanding question regarding the applicability of Federal Rule of Civil Procedure 9(b) pleading standards in False Claims Act suits. To satisfy the rule’s particularity requirement, plaintiffs generally have needed to detail specific false claims submitted by defendants. The question is whether plaintiffs instead may… Continue Reading

New Revelations in Ukraine Lead to Tightening Global Sanctions

Enforcement and Prosecution Policy and Trends, Sanctions, Trade Embargo, and Export Controls
RELATED UPDATE: FinCEN Alert Highlights Potential U.S. Commercial Real Estate Investments by Sanctioned Russian Elites and Their Proxies (January 30, 2023) As the world watched in horror over the atrocities occurring in the war zones of Ukraine this week, global leaders re-doubled their efforts to bring increasing sanctions pressure to bear on Russian industry, the… Continue Reading

Western Companies Starting to Feel Impact of Russian Sanctions

Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Sanctions, Trade Embargo, and Export Controls
RELATED UPDATES: FinCEN Alert Highlights Potential U.S. Commercial Real Estate Investments by Sanctioned Russian Elites and Their Proxies (January 30, 2023) New Revelations in Ukraine Lead to Tightening Global Sanctions (April 8, 2022) As we approach the thirty day mark since the United States, and other Western countries began imposing a series of rigorous sanctions… Continue Reading

DOJ Ramps up Resources and Renews Focus on Combatting COVID-19 Related Fraud in 2022

Fraud, Deception and False Claims
On March 10, 2022, the U.S. Department of Justice (DOJ) announced the appointment of Associate Deputy Attorney General Kevin Chambers to serve as the Director for DOJ’s COVID-19 Fraud Enforcement Task Force. In remarks delivered at the American Bar Association’s 37th National Institute on White Collar Crime earlier this month, U.S. Attorney General Merrick Garland… Continue Reading

FinCEN Encourages “Increased Vigilance” and Highlights Red Flags for Evasion of Russian Sanctions including Use of Virtual Currency

Anti-Money Laundering, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Sanctions, Trade Embargo, and Export Controls
RELATED UPDATES: FinCEN Alert Highlights Potential U.S. Commercial Real Estate Investments by Sanctioned Russian Elites and Their Proxies (January 30, 2023) New Revelations in Ukraine Lead to Tightening Global Sanctions (April 8, 2022) Western Companies Starting to Feel Impact of Russian Sanctions (March 24, 2022) The Financial Crimes Enforcement Network (FinCEN) has issued an alert… Continue Reading

DOJ Settles First False Claims Act Enforcement Action Since Launch of Civil Cyber-Fraud Initiative

Fraud, Deception and False Claims
On March 8, 2022, the U.S. Department of Justice (DOJ) announced a $930,000 settlement with Comprehensive Health Services, LLC (CHS) for alleged violations of the False Claims Act (FCA). This settlement marks DOJ’s first resolution of an FCA enforcement action involving cyber fraud after launching its Civil Cyber-Fraud Initiative in October 2021, signaling DOJ’s eagerness to combat cybersecurity violations… Continue Reading

DOJ Launches “Task Force KleptoCapture” in Response to Russian Invasion

Anti-Bribery and Corruption, Sanctions, Trade Embargo, and Export Controls
RELATED UPDATES: U.S. Department of Justice and Partners Increasing Enforcement of Sanctions and Export Controls (March 6, 2023) New Revelations in Ukraine Lead to Tightening Global Sanctions (April 8, 2022) Western Companies Starting to Feel Impact of Russian Sanctions (March 24, 2022) FinCEN Encourages “Increased Vigilance” and Highlights Red Flags for Evasion of Russian Sanctions… Continue Reading

U.S. and Allies Significantly Expand Sanctions and Related Restrictions on Russia and Belarus

Sanctions, Trade Embargo, and Export Controls
RELATED UPDATES: New Revelations in Ukraine Lead to Tightening Global Sanctions (April 8, 2022) Western Companies Starting to Feel Impact of Russian Sanctions (March 24, 2022) FinCEN Encourages “Increased Vigilance” and Highlights Red Flags for Evasion of Russian Sanctions including Use of Virtual Currency (March 16, 2022) DOJ Launches “Task Force KleptoCapture” in Response to… Continue Reading

Analysis of DOJ’s 2021 FCA Statistics and the Trends Therein

Fraud, Deception and False Claims
Last week, the U.S. Department of Justice (DOJ or Department) announced that it recovered over $5.6 billion under the False Claims Act (FCA) in Fiscal Year 2021.[1] That is a massive headline haul that is second only to the roughly $6 billion recovered under the FCA in FY 2014, when there were $3.1 billion in… Continue Reading

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