John Pease III

Jun 26, 2024 | jdsupra.com | John Pease III

The energy industry in general and the oil and gas industry in particular has been the target of at least 50 Foreign Corrupt Practices Act (FCPA) prosecutions[1] over the years—more than any other industry. Most of the cases involved the use of third-party agents who interact with officials of state-owned enterprises in high-risk countries across the globe.

Mar 18, 2024 | jdsupra.com | Jeffrey Masters |Ryan McCarthy |John Pease III

In a new decision that could have a significant impact on the persistent efforts of relators to reach otherwise lawful conduct and characterize it as a violation of the Anti-Kickback Statute (AKS), the US Court of Appeals for the Second Circuit squarely held that in False Claims Act (FCA) cases predicated upon the AKS, the concept of “willfulness” requires the government or relator to plead, and prove, that the defendant acted knowing that its conduct is unlawful, even if it is not aware of...