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. 2018 Legal Reform Summit Video Showcase

    October 24, 2018 | Video | Watch

  2. New Compliance Guidance Shows The DOJ's Continued Commitment to Defending Rule of Law

    October 18, 2018 | Blogs

    While some of the U.S. is caught up in post-season baseball, the legal community is paying close attention to the Department of Justice (DOJ), which keeps knocking out policy home runs.... Read More

  3. In the News Today - October 15, 2018

    October 15, 2018 | News

    DOJ Official Says Department Wants Prosecutors With Compliance Experience; "Breaking Down The Prop 65 Trial That Has Starbucks On Edge"... Read More

  4. In the News Today - October 4, 2018

    October 04, 2018 | News

    Report: MDL Cases Have Tripled In Last 25 Years; SEC Enforcement Co-Director Says Year-End Stats Are "Counter-Productive"... Read More

  5. In the News Today - October 1, 2018

    October 01, 2018 | News

    DOJ Official: Department and Business Should Be "Partners, Not Adversaries;" "Dismissing FCA Cases: The Granston Memo In Action;" DOJ Objects to Bankruptcy Trust Appointment; Find Out What's Trending at ILR's Summit XX: Law, Policy, Politics... Read More

  6. In the News Today - September 27, 2018

    September 27, 2018 | News

    Other Agencies Seem to Be Following DOJ's Lead... Read More

  7. Department of Justice Guides the Way on Enforcement

    September 14, 2018 | Blogs

    In January, the Department of Justice (DOJ) issued a memo by then-Associate Attorney General Rachel Brand which prevents DOJ attorneys from turning agency guidelines into binding legal rules in enforcement actions. This was a welcome-and much needed-development for businesses, and a signal the DOJ is committed to promoting the rule of law. ... Read More

  8. Defense Attorneys Examine "Circuit Split" on False Claims Act Dismissals

    August 22, 2018 | News

    In a Law360 analysis piece, two defense attorneys from Wiley Rein LLP examine the growing circuit split on the U.S. Department of Justice's authority to dismiss False Claims Act lawsuits in light of its January Granston memo.... Read More

  9. In the News Today - August 2, 2018

    August 02, 2018 | News

    ILR Files Comments with Australian Law Review Commission; "DOJ Expands Efforts To Encourage FCPA Self-Reporting"... Read More

  10. Recent DOJ Memos Popping Up in Qui Tam Litigation

    July 30, 2018 | News

    Lawyers on both sides of the qui tam whistleblower litigation bar agree that the U.S. Department of Justice's (DOJ) Brand and Granston memos from earlier this year are being utilized in court, The American Lawyer reports.... Read More