By Dan Portnov In certain legal (nerd) circles, coining a phrase or term of art is one of the surest ways to achieve immortality – think Tim Wu’s first use of “network neutrality” in a 2003 journal article or Justice Felix Frankfurter’s opinion in Rochin v....
Releasing Corporate Monitor Reports after a Non-Prosecution Agreement
By: Sara Kropf Peter Henning of the New York Times White Collar Watch published an interesting piece on February 8 about the confidentiality of reports filed by corporate monitors after a non-prosecution agreement against a company. The article describes a recent...
Treating Individuals Like Corporations—But In a Good Way: SEC’s First Deferred Prosecution Agreement With an Individual
By: Sara Kropf Since January 2010, corporations facing SEC investigations had one big advantage over individuals: they could seek a deferred prosecution agreement. DPAs allow companies that committed wrongdoing to avoid prosecution, most often by undertaking...
What Do Guitars, Elephant Tusks and Paddlefish Caviar Have in Common?
By: Sara Kropf Disclaimer: I wrote this post because I’m hoping that any time someone types “paddlefish caviar” into a search engine, this blog will get a hit. Also, I’ve managed to fit in a reference to the B-52's, so it’s a win-win. The federal government has...
Four WellCare Health Plan Execs Found Guilty of Health Care Fraud
By: Sara Kropf On June 11, a Tampa jury found four former executives of WellCare Health Plans Inc. guilty of several charges, including health care fraud and making false statements to a law enforcement officer. The verdict came at the end of a trial lasting several...
Newsflash! DOJ Says It Wants To Prosecute Corporate Executives But It Is Ok Not To Prosecute Companies
By: Sara Kropf Two recent appearances by high-ranking Department of Justice officials make clear that the target on corporate executives’ backs isn’t going away any time soon. On May 3, 2013, the Criminal Division’s Acting Assistant Attorney General Mythili Raman...