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.
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
The Department of Justice has publicized at least 12 Foreign Corrupt Practices Act (FCPA) cases in which prosecutors have declined to charge companies who self-reported wrongdoing, the Wall Street Journal reports...... Read More
Deputy Attorney General (DAG) Rod Rosenstein recently gave remarks on anti-corruption efforts about the dangers of duplicative "piling on" enforcement actions, the value of good corporate compliance programs, and the need for enforcement agencies to incentivize compliance, according to the Department of Justice news service.... Read More
Legal Newsline reports in Forbes that the U.S. Department of Justice's (DOJ) recent move to dismiss 11 whistleblower, or qui tam, lawsuits under the False Claims Act may be a shift towards an administration strategy to "rein in trial lawyers who are using a federal whistleblower law to seek millions of dollars."... Read More
The U.S. Department of Justice (DOJ) announced it was looking to dismiss 11 False Claims Act lawsuits after learning a company used a cookie-cutter-style model and major plaintiffs' lawyers to file qui tam lawsuits that were "essentially cloned," Law360 reports.... Read More