Tag Archives: FCA

Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims January 29, 2018

DOJ Memorandum Sets Out FCA Dismissal Factors

A January 10 internal memorandum from the director of the fraud section of the DOJ’s civil division commercial litigation branch, which has recently become public, sets out the factors the government should consider in dismissing False Claims Act (FCA) cases in which it has declined to intervene, and may suggest a greater possibility that the… Continue Reading

Fraud, Deception and False Claims June 23, 2016

Supreme Court Hands Down Opinion in Universal Health Services v. Escobar

Recently, the Supreme Court handed down its much-anticipated opinion in Universal Health Services, Inc. v. United States ex rel. Escobar et al.—a case addressing the viability of the implied certification theory in FCA litigation. Justice Thomas, writing on behalf of a unanimous Court, found that the implied certification theory can in fact serve as a… Continue Reading

Fraud, Deception and False Claims March 4, 2016

Is the Government the Public? Seventh Circuit Suggests Willingness to End FCA Circuit Split by Joining Sister Circuits in Saying No

Courts generally agree in False Claims Act cases that the government alone does not count as “the public” for purposes of the Act’s public disclosure bar. The current bar calls for dismissal of complaints whose allegations have already been publicly disclosed, with the aim of preventing parasitic suits. Seven circuits subscribe to the view that… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Securities and Commodities September 11, 2014

Going Inside for Insider Trading

It is always assumed that sentences in the US for any crime are significantly higher than they are in the UK, but nowhere is this more starkly exemplified than in white collar crime. The recent sentence of 9 years in prison for Mathew Martoma for insider trading is the latest proof of the truth of… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims July 21, 2014

The Serious Fraud Office Reports…

It is simply to emphasise that complex City fraud needs the kind of unified approach, expertise and special tools that Roskill advocated and that the SFO has developed.… Continue Reading

Anti-Bribery and Corruption, Anti-Money Laundering, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Fraud, Deception and False Claims June 13, 2014

Ken Clarke reviews the law enforcement response to City scandals

There is also a pivotal issue that needs to be urgently reviewed: is the jury system properly configured to cope with the prosecution of serious and complex fraud?… Continue Reading

Anti-Bribery and Corruption, Compliance, Election and Political Law, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Fraud, Deception and False Claims May 20, 2014

British Bankers Association Updated Anti-Bribery and Corruption Guidance May 2014

All in all, we at the BriberyLibrary consider that the BBA's guidance is thorough, commendable, and has some great practical tips… Continue Reading

Enforcement and Prosecution Policy and Trends, Financial Institution Regulation April 14, 2014

Who would be a Regulator?

It's no fun being a Regulator. Either you are criticised for being supine, and allowing the world to go to hell in a handcart because your 'light touch' form of regulation has allowed an excessively greedy regulated community far too much latitude… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation March 31, 2014

Besso Limited fined by the FCA for anti-bribery systems failings

The Besso case reflects our own experience that there are still many small and medium sized companies who have still not taken, four years after the Bribery Act was enacted, the far-reaching provisions of the Bribery Act sufficiently seriously.… Continue Reading

Anti-Bribery and Corruption, Anti-Money Laundering, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation December 13, 2013

Financial Conduct Authority publishes Thematic Review of Asset Management Firms Anti-Money Laundering and Anti-Bribery Controls

The report, which is not very long, is well worth a read. Lessons can be learnt for all sectors and all parts of the economy as the observations made are pertinent to every business.… Continue Reading

Anti-Bribery and Corruption, Anti-Money Laundering, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation January 24, 2013

The Financial Services Authority continues its thematic reviews into anticorruption compliance – now it is the turn of asset managers

So far, since the Bribery Act came into force on 1st July 2011, the largest fines have been dished out by the FSA, which regulates the financial services sector in the UK, rather than by the courts… Continue Reading

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