Legal Blog: Fraud

Statement Regarding June 7 Order in Eastman v. Thompson, et al.

The Court upheld Dr. Eastman’s claims of privilege over 440 of the 599 documents at issue.  The Court also upheld in part Dr. Eastman’s argument that certain of the materials sought by the January 6th committee were protected by the First Amendment.  The decision represents the first time a federal court has held that the January 6th committee’s activities infringe

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Frequently Asked Questions: Business Email Compromise Schemes

What is a Business Email Compromise Scheme? Business Email Compromise (BEC) schemes vary in their details and mechanics, but the gist of the scheme is that it is conducted by sending email targeting individuals or employees of companies, usually with the goal of fraudulently inducing the target to make a transfer of funds to an account or accounts controlled by

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Durable Medical Equipment (DME) Fraud

Durable Medical Equipment Fraud (“DME Fraud”) is a highly active area of Federal criminal prosecution. Last year, the FBI and the US Department of Health and Human Services Office of the Inspector General broke up and prosecuted a DME Fraud scheme alleged to have caused more than $1 billion in Medicare losses. What is Durable Medical Equipment Fraud? Under what

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The Scope of the Computer Fraud and Abuse Act After Van Buren

By Jonathan Knowles – We have previously examined United States v. Van Buren, then pending before the Supreme Court of the United States. On June 3, 2021, the Supreme Court issued its opinion interpreting the Computer Fraud and Abuse Act of 1986. The Court limited violations of the Act to access of information that a person is never authorized to

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The Federal False Claims Act: Knowing Is Half the Battle

The False Claims Act, or FCA, is the Federal statute under which fraud against the US Government is prosecuted. The FCA was first enacted during the Civil War in order to combat defense contractor fraud. Since then, it has been amended and updated a number of times to ensure applicability to additional forms of fraud arising from not only government

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What Statutes Can Federal Prosecutors Use to Bring PPP Loan Fraud Cases?

In this article, we discuss the statutes that federal prosecutors are most likely to use to charge individuals in cases related to fraud in connection with Paycheck Protection Program (PPP) loans.  This is not an exhaustive review of all potential statutes that might apply, but rather addresses the statutes most likely to be applied. The Federal CARES Act was enacted

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