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.

01/01/2019

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

All Results for Over-Enforcement

  1. U.S. Chamber: Congressional Reform of False Claims Act Enforcement Needed

    July 30, 2014 | Press Release

    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

  2. Orange County, CA District Attorney Takes Duplicative Legal Action Against GM

    July 01, 2014 | News and Blog

    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

  3. Florida AG Moves to Assert Control over State False Claims Act Claims

    June 16, 2014 | News and Blog

    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

  4. Judge: Evidence Not Getting Any Fresher in FCPA Case

    March 12, 2014 | News and Blog

    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

  5. Gibson Guitar's 'Government Series II' Les Paul Memorializes Federal Raid

    January 31, 2014 | News and Blog

    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

  6. FCPA Enforcement Still Lacks Clarity

    December 09, 2013 | News and Blog

    As federal prosecutors ramp up their anti-corruption enforcement activities, serious questions remain for U.S. companies trying to comply with the Foreign Corrupt Practices Act.... Read More

  7. Time to Fix the False Claims Act

    November 15, 2013 | News and Blog

    A new ILR report argues that the False Claims Act, while good at encouraging frivolous litigation, is simply ineffective at preventing fraud. ... Read More

  8. Congress Should Take Action to Address Regulatory Over-criminalization

    October 30, 2013 | News and Blog

    The U.S. House Judiciary Committee's bipartisan task force on over-criminalization today continued what The Wall Street Journal has called, "the most expansive re-examination of federal law since the early 1980s" by holding a hearing on criminal enforcement of federal rules and regulations.... Read More

  9. Legal Reformers Must Act to Heal the Lawsuit System

    October 23, 2013 | News and Blog

    By being proactive and persistent, we can achieve a healthy lawsuit system.... Read More

  10. U.S. Chamber Proposes Code of Conduct for State AGs

    October 23, 2007 | Press Release

    WASHINGTON, D.C.-In response to what it sees as improper practices by some officials, the U.S. Chamber Institute for Legal Reform (ILR) issued a new set of ethical standards for state attorneys general today, and will urge its voluntary adoption.

    "This proposed code of conduct balances the ability of the AGs to pursue wrongdoers while protecting the due process rights of the targets of the investigation and litigation," said ILR president Lisa Rickard in remarks at the Chamber's 8th Annual Legal Reform Summit.... Read More