Regulatory

New Risks of the False Claims Act and Trends in Criminal/Regulatory Enforcement

Synopsis

Anyone who works in a regulatory environment or whose business intersects with the government, now needs to consider and be aware of the expanding implications of the False Claims Act. This area has become one of the fastest growing areas of Federal litigation, and with that comes numerous issues that an attorney needs to be cognizant of in order to properly counsel their clients. The presenters of this course give an in-depth discussion of various subjects in both the criminal and civil enforcement arenas, including recent developments in policymaking, trends in increased individual liability, the expanded focus of the government, transparency issues, as well as other areas to watch.



Outline

I. New Risks of the False Claims Act
    A. FCA Overview
    B. FCA Enforcement
        1. Fastest Growing Area of Federal Litigation
        2. Statistically Speaking
        3. Recent Developments
        4. Expanded Focus - Civil vs. Criminal Enforcement
        5. New DOJ Policy
II. Trends in Criminal/Regulatory Enforcement
    A. Two Major Trends
    B. Individual Responsibility
    C. Impact When Dealing with the Government
    D. Transparency
        1. AML Expansion - Real Estate
        2. Proposed NY State Rules
        3. Whistleblowers
    J.  Other Areas to Watch
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With influence and presence on both U.S. coasts and abroad, Pillsbury Winthrop Shaw Pittman LLP enjoys an expansive international platform. The firm has 14 offices in global centers for capital markets, energy and technology and provides its clients with the strength of this reach and a commitment to cross-border service and responsiveness. Pillsbury is a leader in its core areas of focus: capital markets and finance, energy, global sourcing, litigation, real estate, technology, life sciences, and communications.


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Photo of Jeetander Dulani

Jeetander Dulani
Pillsbury Winthrop Shaw Pittman LLP

Jeetander Dulani is a counsel in Pillsbury Winthrop Shaw Pittman LLP's Litigation practice and is located in the Washington, D.C. office. He concentrates his practice in merger clearance, government investigations, and complex civil litigation and appeals.

His antitrust experience includes representing public and private companies in Department of Justice and Federal Trade Commission investigations, antitrust litigation, and advising clients on a wide variety of horizontal and vertical combinations. Mr. Dulani has successfully represented clients from the aerospace, agricultural products, defense, financial services, healthcare, manufacturing, software, and optical industries in government investigations, antitrust second requests, and federal litigation. In addition to his antitrust practice, Mr. Dulani has represented clients in a wide array of civil cases, including defending companies against False Claim Act qui tam claims, and the representation of companies under scrutiny by the Securities and Exchange Commission and the Department of Justice. He has authored many briefs in federal district courts, U.S. Courts of Appeal, and the U.S. Supreme Court, and has successfully argued before the U.S. Court of Appeals for the Seventh Circuit.

Mr. Dulani also maintains an active pro bono practice focused on civil liberties. Recently he obtained complete habeas relief in the United States Seventh Circuit Court of Appeals for a prisoner wrongfully convicted of murder. The Seventh Circuit granted complete habeas relief after issuing two separate precedential decisions that (1) strengthened the confrontation right under the Sixth Amendment; and (2) held as a matter of first impression that the “prison mailbox rule” applied to state post-conviction motions. See Ray v. Boatwright, 592 F.3d 793 (7th Cir. 2010) and Ray v. Clements, 700 F.3d 993, (7th Cir. 2012). These decisions have strengthened civil rights protections for all criminal defendants and ensured greater habeas access to the wrongfully convicted.

Prior to attending law school, Mr. Dulani was an associate at Booz Allen Hamilton, where he led a strategy consulting practice. In that position, he focused on helping public and private clients in the energy, finance, global health, aerospace, and counter-terrorism fields transform their operations. Mr. Dulani was awarded the Professional Excellence Award, the firm’s highest honor, for initiating and leading a two-year multimillion-dollar pro bono project on HIV/AIDS in India. Mr. Dulani also served as an independent consultant to UNAIDS during law school.

Mr. Dulani received his J.D. in 2007 from the University of Michigan School of Law, his M.A. in 1999 from the University of Iowa, and his B.A. in 1998 from Grinnell College.

Photo of Mark Hellerer

Mark Hellerer
Pillsbury Winthrop Shaw Pittman LLP

Mark Hellerer has over 25 years of experience in litigation of complex commercial disputes, white collar criminal matters, and regulatory enforcement proceedings. He serves as the co-leader of Pillsbury Winthrop Shaw Pittman LLP's Corporate Investigations & White Collar Defense practice.

Mr. Hellerer's work includes representation of individual and corporate defendants, targets and witnesses in criminal and regulatory matters, conduct of internal corporate investigations, advice to corporations and financial institutions on regulatory compliance issues, and prosecution of civil RICO, fraud and business tort claims.

Mr. Hellerer regularly handles civil, administrative, and criminal matters involving antitrust, banking, environmental claims, the False Claims Act, the Foreign Corrupt Practices Act (FCPA), Foreign Account Tax Compliance Act (FATCA), money laundering, and securities fraud. A substantial portion of Mr. Hellerer's practice involves the representation of international companies and financial institutions and their officers and directors.

Before coming to Pillsbury, Mr. Hellerer served as an Assistant United States Attorney in the Southern District of New York for nine years, including three years as Chief of the Major Crimes Unit. He prosecuted a number of notable RICO and fraud cases including the conviction of Anthony "Fat Tony" Salerno and numerous associates. He also participated directly in government proceedings against Leona Helmsley, Ferdinand Marcos, and the International Brotherhood of Teamsters. As Unit Chief, he supervised twenty prosecutors in complex investigations and prosecutions of a wide variety of violations of Federal law. During his prosecutorial career, Mr. Hellerer was awarded both the John Marshall Award for Outstanding Trial Performance and the Director's Award for Superior Performance from the Department of Justice.

Mr. Hellerer also served as law clerk to the Honorable John T. Curtin, Chief Judge of the Western District of New York. He frequently speaks and participates in panel discussions of topics in the field of white collar criminal defense and regulatory enforcement matters.

Mr. Hellerer received his J.D. from the University at Buffalo Law School, and his B.A. from Fordham University.

Photo of Thomas Hill

Thomas C. Hill
Pillsbury Winthrop Shaw Pittman LLP

Thomas Hill is a partner in the law firm's Corporate Investigations & White Collar Defense practice and is located in the Washington, DC office. He focuses his national practice on white-collar criminal matters and government enforcement. He represents corporate and individual clients at the grand jury stage; at trial and on appeal; during agency investigations; and in civil cases and administrative enforcement actions, including debarment and suspension proceedings. His practice involves many different issues of regulatory crime, including civil and criminal False Claims Act matters including qui tam actions; criminal tax; criminal antitrust; general financial crime, and other miscellaneous allegations of fraud and other wrongdoing in industries such as environmental, energy, health care, defense, financial services, aviation and communications.

He served for five years as an Assistant U.S. Attorney for the District of Columbia in the Criminal Division. He has tried more than 75 jury trials and has often argued before appellate courts. For the past 20 years, Mr. Hill has also had an active death penalty practice in courts throughout the U.S. and has handled these cases at the trial, sentencing, appellate, post-conviction and clemency stages.

Mr. Hill received his J.D., magna cum laude, in 1976 from Cornell Law School, and his A.B., magna cum laude, from Princeton University in 1972.

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Standard Rate: $99.00
Subscribers: FREE
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Metro State Univ: $99.00

Details

Course Code : 775558

Release Date : 08/16/2016


Recorded Date : 2/23/2016
Length : 1hr


Format Type : eLearning
Mobile Compatible


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