The evolution of over-enforcement is impacting various issues including the False Claims Act, the Foreign Corrupt Practices Act, and State Attorneys General. Recently released research, Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States frames the over-enforcement landscape:
All elements of American society benefit when the legal system is used as intended by our Founders—namely, to prosecute and punish genuine wrongdoers whose actions have violated the law and caused injury or damage, guided by due process and the Eighth Amendment principle that the punishment should fit the crime. However, recent events have shown that government enforcement actions increasingly overstep reasonable bounds. Read More...
Other notable points include:
Critical Reforms Road Map
Limits on multiple, duplicative investigations and prosecutions are essential to preserve fairness in our system of justice and our overall economy. One way to control government overreaching in this context is by ensuring that enforcement officials’ discretion is appropriately channeled in order to reduce their ability to make unjustified prosecutorial decisions. This should include:
Click below for detailed information on issues impacted by over-enforcement:
This paper contends that in order to encourage companies to create and sustain a culture of consistent compliance, particularly with regard to the federal False Claims Act, the U.S. Department of Justice should formalize a policy of offering credit for companies that implement effective compliance and ethics programs. Read More
The 2018 update to "Great Myths of State False Claims Acts" shows that the whistleblowers' bar is continuing to capitalize on state qui tam False Claims Acts (FCAs), harvesting windfall awards from states and the federal government. The paper also points out that the dubious benefits of implementing a state FCA turn into a clear financial net negative when states allow their FCAs to fall out of compliance with federal standards. Read More
Executive Overreach in Regulatory Enforcement and Infrastructure (U.S. House of Representatives Judiciary Committee Executive Overreach Task Force, The Honorable Michael Mukasey on behalf of the U.S. Chamber Institute for Legal Reform)
The Enforcement Maze: Over-Criminalizing American Enterprise
DOJ's New Threshold for "Cooperation": Challenges Posed by the Yates Memo and USAM Revisions
Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States
“Stop Settlement Slush Funds Act of 2016” (U.S. House of Representatives Committee on Judiciary Subcommittee on Regulatory Reform, Commercial and Administrative Law, Dan Lungren on behalf of the U.S. Chamber of Commerce and the U.S. Chamber Institute for Legal Reform)
In Support of the House Judiciary Committee’s Creation of the Executive Overreach Task Force
Constitutional Constraints: Provisions Limiting Excessive Government Fines
Enforcement Slush Funds: Funding Federal and State Agencies with Enforcement Proceeds
New Faces of Lawsuit Abuse Video Highlights Federal Raid on Gibson Guitar
Unprincipled Prosecution: Abuse of Power and Profiteering in the New 'Litigation Swarm'
2014 Legal Reform Summit: The Enforcement “Collidescope”: The New Litigation Paradigm
Fixing the False Claims Act: The Case for Compliance-Focused Reforms
The Great Myths of State False Claims Acts: Alternatives to State Qui Tam Statutes
An op-ed in the Wall Street Journal by House Speaker John Boehner and Senate Minority Leader Mitch McConnell highlights "excessive regulations and frivolous lawsuits that are driving up costs for families and preventing the economy from growing" as one of the top priorities for reform under the newly elected Republican majority in the House and Senate.... Read More
As the U.S. Supreme Court returns to the bench this week, BusinessWeek's Paul Barrett highlights important business cases before the Court, including two in which the U.S. Chamber Litigation Center has filed amicus briefs.... Read More
The Wall Street Journal reports that Attorney General Eric Holder will announce a new Justice Department proposal this Wednesday at New York University. He is expected to call for increased cash rewards under the Financial Institutions Reform, Recovery and Enforcement Act, or Firrea, for whistleblowers who provide evidence of wrongdoing on Wall Street.... Read More
On July 30, 2014, I testified before the U.S. House Judiciary Committee's Subcommittee on the Constitution and Civil Justice on behalf of the U.S. Chamber Institute for Legal Reform. In that hearing, I urged Members to consider relatively modest yet critical reforms to the Act. ... Read More
The National Law Journal reports on former U.S. Deputy Attorney General David Ogden's House testimony on behalf of ILR in support of changes to the False Claims Act.... Read More
Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today urging Congress to reform aspects of the False Claims Act (FCA):... Read More
Orange County, CA District Attorney Tony Rackauckas is taking legal action against General Motors, charging the company with, "unfair business practices and deceptive marketing for concealing ignition-related defects and others in order to boost its bottom line," reports The New York Times.... Read More
In a positive step forward that would empower states to diminish frivolous False Claims Act cases, Florida Attorney General Pam Bondi's office is arguing that "it has the authority to dismiss a False Claims Act suit brought against Motorola Inc. [which] it deemed frivolous, saying it does not need approval from the relator who filed suit."... Read More
The government's use of the Foreign Corrupt Practices Act has exploded in recent years, but the track record once those cases get some scrutiny isn't so good.... Read More
In memory of the 2011 federal raid of its factory, Gibson Guitar is inviting Americans to "fight the powers that be" by purchasing its new, "Government Series II Les Paul" guitar.... Read More
