Anthony D. Mirenda

3 weeks ago | jdsupra.com | Gilleun Kang |David Lazarus |Anthony D. Mirenda

On May 22, 2025, the Supreme Court issued a unanimous decision broadening applicability of the federal wire fraud statute. In Kousisis v. United States, the Court held that a defendant may be convicted of wire fraud for inducing a victim to enter a transaction under materially false pretenses, even if the defendant did not seek to cause the victim economic loss.

1 month ago | jdsupra.com | David Lazarus |Anthony D. Mirenda |Emily Nash

Key Takeaways: The U.S. Department of Justice (“DOJ”) announced the creation of a new initiative focused on using the False Claims Act (“FCA”) to pursue “Civil Rights Fraud.” DOJ warned FCA claims could arise when a federal funds recipient certifies compliance with civil rights laws while in knowing violation of those laws. The memo announcing this initiative emphasizes antisemitism and Diversity, Equity and Inclusion (“DEI”) activities as focus areas for enforcement.

1 month ago | jdsupra.com | David Lazarus |Anthony D. Mirenda |Marissa Mugan

A recent decision from the United States District Court for the District of Columbia continues to give significant deference to the U.S. Department of Health and Human Services’ (HHS) interpretation of the Anti-Kickback and Beneficiary Inducement Statutes, particularly where it involves the evaluation of scientific data within the technical expertise of the HHS and where the HHS’s assessment is predictive – in this case whether providing a financial benefit to patients would improve access to...

2 months ago | jdsupra.com | Gilleun Kang |Andrew London |Anthony D. Mirenda

Since the start of President Trump’s second administration, some State Attorneys General (AGs) have actively responded to executive orders and policy directives, including by initiating legal challenges in federal courts. Now State AGs may take on yet another role: filling the gap in federal enforcement of the Foreign Corrupt Practices Act (FCPA).

Feb 20, 2025 | jdsupra.com | Caroline Donovan |David Lazarus |Anthony D. Mirenda |Jack SMith |Jack Smith

Key Takeaways: The First Circuit joined the Sixth and Eighth Circuits in holding that for a violation of the Anti-Kickback Statute (AKS) to automatically trigger False Claims Act (FCA) liability, the AKS violation must be the “but-for” cause of the submitted claim. Direct FCA liability for AKS violations in the First Circuit will now require proof that the alleged false claims would not have been paid for by the federal government absent the alleged kickback.