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Business Crimes Bulletin

Features

What the Future Holds for the False Claims Act Image

What the Future Holds for the False Claims Act

Jonathan Feld & Monika Harris

What does the second Trump administration augur for the False Claims Act? The question remains how, not if, the Trump DOJ will change DOJ’s enforcement policies, whether they will maintain current enforcement policies, and what the impact will be, especially for the FCA.

Features

Second Circuit Expands DOJ Power In Anti-Kickback Statute Image

Second Circuit Expands DOJ Power In Anti-Kickback Statute

Robert J. Anello & Richard F. Albert & Emily Smit

In recent years, the DOJ has wielded the Anti-Kickback Statute (AKS) to exact steep penalties from corporate actors and individuals alike for the improper exchange of something of value to generate healthcare business funded by a federal program. When coupled with the False Claims Act, the AKS turns into a potent civil enforcement tool that carries many of the same draconian penalties as criminal enforcement, achieved via a less demanding path.

Features

The Future of the SEC Whistleblower Program Under Trump 2.0 Image

The Future of the SEC Whistleblower Program Under Trump 2.0

David Chase & Scott Silver

The Trump administration will likely impact the SEC whistleblower program in terms of a change in its enforcement priorities, as well as the amounts of financial bounties paid, but will not, in our opinion, threaten its existence given bi-partisan support or alter its core functions.

Features

Trump Administration Takes New Crypto-Enthusiastic Regulatory Approach Image

Trump Administration Takes New Crypto-Enthusiastic Regulatory Approach

Ladan Stewart & Marietou Diouf & Arianna Skipper

Just weeks since the Trump administration took the reins, we can already see the broad outlines of a truly seismic change in the U.S. government’s approach to crypto — one that promises to create never before seen opportunities for crypto to expand its presence and achieve an unparalleled level of integration into the U.S. and global financial systems.

Features

EU Antitrust Strategy Faces U.S. Pushback as Regulatory Tensions Rise Over Big Tech Image

EU Antitrust Strategy Faces U.S. Pushback as Regulatory Tensions Rise Over Big Tech

Linda A. Thompson

With tech giants’ influence on the White House on the rise, the likelihood of U.S. retaliation in response to enforcement of both longstanding EU antitrust rules and newer digital regulations has grown. At the same time, the EU’s own stated desire to cut red tape has raised existential questions about the future of the EU as a global regulatory superpower whose laws are emulated by nations and adhered to by companies around the world.

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