Over-Enforcement

ILR is leading the business community’s campaign to address irrational enforcement practices that compromise the rule of law, and fundamental fairness. ILR consistently encourages companies and enforcement agencies to work in partnership to most effectively prevent waste, fraud, and corruption. To further that partnership, we encourage, among other things, the adoption of common-sense enforcement policies that result in punishments that are proportional to alleged offenses and incentivize companies to invest and develop compliance programs.

Suggested Resources

Research
  • Lighting the Way: FCA Reform and Compliance Program Credit

    Lighting the Way: FCA Reform and Compliance Program Credit

    June 27, 2018

    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 Great Myths of State False Claims Acts

    The Great Myths of State False Claims Acts

    February 28, 2018

    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

Additional Resources

All Results for Over-Enforcement

  1. ILR Summit Blog Series: Might excessive government fines be unconstitutional?

    October 23, 2015 | News and Blog

    A Q&A with Paul Clement, former U.S. Solicitor General and a partner at Bancroft PLLC, regarding his paper, Constitutional Constraints: Provisions Limiting Excessive Government Fines, to be presented at the 16th Annual Legal Reform Summit. ... Read More

  2. High-Profile Federal FCPA Probe into Wal-Mart Finds 'Little in Way of Major Offenses'

    October 19, 2015 | News and Blog

    The three-year Foreign Corrupt Practices Act (FCPA) investigation into Wal-Mart's activities in Mexico "has found little in the way of major offenses, and is likely to result in a much smaller case than investigators first expected."... Read More

  3. SEC Opens New Front in Enforcement Efforts, Reaches Muni Bonds Sale Settlement

    August 14, 2015 | News and Blog

    The U.S. Securities and Exchange Commission has opened "a new front" with its enforcement efforts, reaching a $20 million settlement with Edward Jones over the company's sale of municipal bonds.... Read More

  4. U.S. Chamber Commends Federal Court Scrutiny of FDA Enforcement Actions

    August 07, 2015 | Press Release

    ... Read More

  5. Sen. Warren Steps Ups Attacks on SEC; Wants More Aggressive Enforcers

    July 09, 2015 | News and Blog

    Already dogged by complaints of over-enforcement by its in-house administrative courts, the Securities and Exchange Commission (SEC) is now facing attacks from Sen. Elizabeth Warren, who would like SEC enforcement to be even more aggressive.... Read More

  6. Quicken Loans Sues DOJ; Claims 'Political Agenda' Driving Pressure to Settle

    April 20, 2015 | News and Blog

    Quicken Loans Inc. sued the U.S. Department of Housing and Urban Development and the Justice Department on Friday, saying in its complaint that the company is "fed up" with being pressured to settle over wrongdoing it didn't commit.... Read More

  7. The Growing Threat of 'Enforcement Slush Funds'

    March 25, 2015 | News and Blog

    Federal prosecutors and regulators have extraordinarily broad discretion to decide who to target in enforcement investigations, what to charge them with, and how much to demand as the price for a settlement. ... Read More

  8. New Faces of Lawsuit Abuse Video Highlights Federal Raid on Gibson Guitar

    December 26, 2014 | News and Blog

    ILR unveiled a new Faces of Lawsuit Abuse video this week, detailing the 2011 federal raid on Gibson Guitar for alleged violations of the Lacey Act. ... Read More

  9. VIDEO: Making A Federal Case Out of Three Small Fish

    December 03, 2014 | News and Blog

    FacesofLawsuitAbuse.org has unveiled a new video highlighting the plight of Florida fisherman John Yates – whose case is currently before the U.S. Supreme Court after he was charged by federal authorities for violating the Sarbanes-Oxley Act.... Read More

  10. In The News Today - November 6, 2014

    November 06, 2014 | News and Blog

    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