SEC and ESG Over the past several years, investor interest has increased significantly for products and financial services that focus on environmental, social, and governance (“ESG”) factors. ESG includes terms and concepts such as “socially responsible investing,” “sustainable,” “green” and “ethical.” However, investment advisors sometimes don’t fully disclose the criteria they use in making their investment...
The Securities and Exchange Commission (SEC) recently announced that fiscal year (FY) 2022 was the second highest in both the number and dollar amount of awards in the history of its whistleblower program. The Commission issued 103 awards totaling $229 million to whistleblowers during the fiscal year which ended on September 30, 2021. These results...
The Commodity Futures Trading Commission (“CFTC” or “Commission”) may not be as familiar as it’s more well known counterpart, the Securities and Exchange Commission, but the agency nonetheless serves an equally vital function by ensuring stability and confidence in the derivatives markets. One of the ways the Commission maintains the integrity of the markets is...
A $54 Million Settlement Attorney Eric. L. Young announced today that Teva Pharmaceuticals USA, Inc., Teva Neuroscience, Inc., and Teva Sales and Marketing, Inc. (hereinafter collectively referred to as “TEVA”) have settled allegations in a qui tam complaint filed by McEldrew Young, Attorneys-at-Law, and co-counsel, Shepherd, Finkelman, Miller & Shah, LLP (“SFMS”), on behalf of...
On October 2, 2019, Retina Institute of California Medical Group (RIC), along with its former CEO and several physicians, agreed to pay $6.65 million to resolve allegations of False Claims Act violations. RIC is a medical partnership of ophthalmologists with multiple locations in California. The medical group was alleged to have defrauded government health care programs...
In the first half of 2019, the United States Department of Justice (“DOJ”) has shown that it intends to aggressively pursue health care providers who engage in fraudulent schemes to enrich themselves at the expense of their patients and American taxpayers. The DOJ has been especially diligent in its investigation and prosecution of health care...
INSYS Agrees to Global Resolution of Claims Arising from Separate DOJ Criminal and Civil Investigations The Department of Justice announced that INSYS Therapeutics, Inc. (“INSYS”) has agreed to pay $225 million to resolve allegations that it paid kickbacks and engaged in other illegal marketing tactics to promote sales of its fentanyl spray, Subsys. According to...
Genetic Testing Laboratory Pays $2 Million to Settle Allegations of Medicare Fraud The Justice Department announced a settlement last month with GenomeDx Biosciences Corp. (“GenomeDx”), a genetic testing laboratory based in Vancouver, British Columbia with offices in San Diego. GenomeDx agreed to pay nearly $2 million to resolve alleged violations of the False Claims Act. According to the...
Young Law Group, Philadelphia, PA. Chief U.S. District Judge Colleen McMahon ruled on February 27th that a False Claims Act suit brought by two former employees of Teva Pharmaceuticals USA, Inc. will proceed to a trial on the merits. In a detailed seventy-page opinion, the Court rejected numerous arguments asserted by Teva Pharmaceuticals USA, Inc....
It is critical that whistleblowers are able to speak up anonymously and without fear of retaliation if they want to raise concerns. Barclays fined $15 Million for CEO’s Attempt to Identify Whistleblowers The New York Department of Financial Services (DFS) issued a press release this past December announcing a $15 million penalty against Barclays Bank PLC for violations...