Author Archives: Site Administrator
Costs Increase for Health Care Fraud and Abuse Violations
Recent congressional action will have serious ramifications on corporate and individual defendants who are or could be under investigation for violations of federal health care program fraud and abuse laws. Changes implemented by the Bipartisan Budget Act of 2018 dramatically increased the penalties that can be imposed on those who violate federal health care… Read More »
Civil asset forfeiture reform is sweeping the nation
There’s an under-the-radar fight brewing in Washington, D.C., and in states across the nation. The debate concerns when law enforcement can take private property from citizens via a process known as civil forfeiture. In most states, law enforcement entities can take and keep assets without even charging someone with a crime. The items are… Read More »
SCOTUS Decision On Plea Agreements: Less Wiggle Room Than Before
Defendants in federal criminal cases, particularly white collar cases where the laws can be ambiguous (think insider trading, honest services, etc.) face a difficult decision as to whether they should plead guilty or take their case to trial. Statistics show that defendants typically take a plea (over 90% of federal cases), the remainder take… Read More »
US Supreme Court Puts the Brakes on IRS Obstruction Prosecutions
Paying a waiter or babysitter in cash could have constituted a felony tax obstruction offense under the government’s expansive interpretation of the obstruction statutes. The March 21 ruling by the US Supreme Court places a limit to that interpretation, requiring the government to provide fair warning on the felony line. In a 7-2 decision… Read More »
The IRS Says Crypto is Currency, Warns Against Tax Evasion
The Internal Revenue Service (IRS) — the United States’ tax collection agency who administers the Internal Revenue Code enacted by Congress — once again provided taxpayers with a friendly reminder that income from virtual currency transactions is reportable on their income tax returns. The Taxman Issues a Warning On Friday, the IRS shared a… Read More »
Prosecutors and Congress React to Attorney General’s Marijuana Decision
Prosecutors weigh in on U.S. Attorney General Jeff Sessions’ pot policy shift. Attorney General Jeff Sessions last month directed individual U.S. attorneys to follow “the well-established principles that govern all federal prosecutions” when deciding whether to prosecute marijuana-related crimes, effectively removing policy statements that discouraged the prosecution of marijuana businesses that were operating consistent… Read More »
IRS to End Offshore Voluntary Disclosure Program on September 28, 2018
The Offshore Voluntary Disclosure Program, which offers US taxpayers the chance to pay substantially less in back taxes, interest, and penalties on unreported offshore accounts and assets, will close come September 28. The Internal Revenue Service aims to stay actively engaged in the international tax arena, so taxpayers with unreported offshore accounts and assets… Read More »
Civil Forfeiture: Can the Government Really Seize and Take Ownership of My Company’s Assets?
In 2017, the Department of Justice (“DOJ”) reported more than $8.2 billion held in its forfeited-assets fund, [1] which is a $600 million increase from the $7.6 billion in the fund in 2016. [2] The cases brought by the government in 2017 show the government’s intent to continue aggressive use of civil asset forfeiture…. Read More »
FIFA Convictions A Shot Across Bow Of Sports Corruption
After U.S. prosecutors last month secured convictions of two former South American soccer officials in the first trial from the U.S. FIFA corruption probe, others in soccer and other international sports organizations should be wary of potential further U.S.-led probes into an industry rife with corruption allegations. Late last month, a federal jury in… Read More »
National Health Care Fraud Takedown Results in Charges Against Over 412 Individuals Responsible for $1.3 Billion in Fraud Losses
July 13, 2017 Department of Justice Press Release: Largest Health Care Fraud Enforcement Action in Department of Justice History Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged… Read More »
