Fraud

European Organizations Underestimating Anti-Retaliation Measures: NAVEX Report Highlights Whistleblower Protection Disparity

Pieter Gunst03 mins

Recent findings from the 2023 State of Risk and Compliance (R&C) report expose a disparity in the approach of European organizations to anti-retaliation policies. The report indicates that such organizations might be undervaluing these crucial measures, which serve to protect whistleblowers and maintain organisational integrity. With insights gathered from over 1,300 R&C leaders across the…

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Navigating Litigation Communications: The Risks of Labeling Cases as “Without Merit”

Pieter Gunst03 mins

In a recent case from the Massachusetts Federal District Court, City of Fort Lauderdale Police & Firefighters’ Ret. Sys. v. Pegasystems Inc, a lesson emerged for companies making public statements about pending litigation. It is essential to tread cautiously when articulating views on the merits or prospects of the litigation. The case raises red flags…

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Ninth Circuit Decision Amplifies Scrutiny on Conjoint Analysis in Class-Wide Fraud and Misrepresentation Claims

Pieter Gunst03 mins

In a legal update that could continually reshape damage assessment practices in class-wide fraud and negligent misrepresentation claims, the Ninth Circuit has upheld the denial of class certification, based on the discrepancies present in the conjoint analysis put forth by the putative class representative in Mier v. CVS Health, No. 22-55665, 2023 WL 4837851. For…

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FTC and States Settle With Roomster Over Fraudulent Reviews, Impacting Online Marketplace Transparency

Pieter Gunst02 mins

In a significant legal development, the FTC (Federal Trade Commission) and six states have recently declared a settlement related to accusations of deceptive business practices. The central defendant, Roomster Corporation and its owners, faced allegations of posting numerous fraudulent reviews to enhance bogus claims about properties listed on its platform. The legal case, which had…

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Corporate Litigation Disclosures: The Risks of Using “Without Merit” Language

Pieter Gunst03 mins

Counsel for public corporations may need to reassess their litigation disclosures following a recent federal district court opinion. The ruling indicated that a company’s use of the phrase “without merit” to describe ongoing litigation in its public filings could potentially lead to federal securities fraud claims. The decision poses a noteworthy warning signal to legal…

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US Commerce Department Concludes Investigation of CSPV Cell Antidumping Circumvention in Southeast Asia

Pieter Gunst02 mins

The U.S. Department of Commerce (“Commerce”) has recently leveled its final determination, signaling the closure of a long-running circumvention investigation. This investigation focused on whether crystalline silicon photovoltaic (“CSPV”) cells and modules imported from Cambodia, Malaysia, Thailand, and Vietnam (collectively referred to as “the target countries”) were being used as conduits to circumvent antidumping duty…

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USCIS Crackdown on H-1B Lottery Fraud: A Turning Point for Immigration Policies and Global Corporations

Pieter Gunst03 mins

A recent update in the H-1B lottery system has become a subject of concern for many professionals and companies worldwide. As reported by Jackson Lewis P.C on JD Supra, the United States Citizenship and Immigration Services (USCIS) have started issuing challenges, and in several cases, denials to some H-1B petitions. This new development is based…

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10th Circuit Court Upholds Whistleblower Protections in False Claims Act Retaliation Case

Pieter Gunst03 mins

In an important development regarding the False Claims Act (FCA), the 10th U.S. Circuit Court of Appeals recently upheld a district court’s decision after a jury verdict was in favor of an employee. The court found that Parker-Migliorini International (PMI) had violated the FCA by retaliating against an employee named Brandon Barrick who had engaged…

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New York Attorney’s Reprisal Trial Sheds Light on Workplace Reporting Obligations and Rights

Pieter Gunst02 mins

A recent development in the courts may see Gina Bianchi, an attorney formerly employed with the New York State Division of Criminal Justice Services, move forward with a hoped-for reprisal trial against her ex-boss, Michael C. Green. According to Bianchi, she was previously demoted from her position for reporting misconduct, which included offensive statements made…

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Meadows Defends Election Challenge Actions as Part of White House Duties

Pieter Gunst02 mins

Mark Meadows, former White House Chief of Staff under the administration of Donald Trump, recently argued that his involvement in challenging the results of the 2020 election was merely part of his job responsibilities as a White House official. On Monday, Meadows testified in federal court in Atlanta, maintaining that his actions—which included orchestrating efforts…

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Maine Office of Securities: Upholding Market Integrity and Ensuring Compliance

Pieter Gunst02 mins

The Maine Office of Securities, an often overlooked but highly significant player in legal enforcement, plays an integral role in ensuring the adherence to securities laws within its jurisdiction. The Office is responsible for not just enforcing local securities laws, but also in licensing broker-dealers, agents, investment advisers, and investment advisers’ representatives according to information…

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Physician Convicted in Uncommon Criminal E/M Fraud Trial: Implications for Healthcare and Legal Sectors

Pieter Gunst02 mins

In a recent legal event, a physician has been found guilty in a relatively unusual criminal Evaluation and Management (E/M) fraud trial. This case adds another layer of complexity in understanding E/M services, often described as “the core” of healthcare billing systems. The verdict has broader implications for medical and legal professionals worldwide, emphasizing the…

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DOJ Takes Sweeping Action Against COVID-19 Fraudsters in Nationwide Operation

Pieter Gunst03 mins

On Wednesday, August 23, 2023, the U.S. Department of Justice (DOJ) highlighted its steadfast commitment towards combating fraudulent activities related to the COVID-19 pandemic. The DOJ announced the culmination of a large-scale, nationwide enforcement action designed to apprehend and penalize COVID-19 fraudsters. The meticulous operation, executed across the nation, included a massive total of 718…

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Guatemala’s UNE Raises Election Fraud Concerns Amid Irregularities and System Anomalies

Pieter Gunst04 mins

The National Unity of Hope (UNE) party, led by former first lady Sandra Torres, is raising alarms about the recent Guatemalan presidential election. The party released a statement on Friday citing several alleged irregularities. The party’s main concerns stem from inconsistencies found in the voting records and potential issues with the electronic tally system used…

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Pandemic Relief Fraud: Rapid Response and Recovery Methods for Billions in Illegitimate Claims

Pieter Gunst04 mins

Indeed, the Covid-19 pandemic not only took a massive toll on human life and the economy, it also facilitated a wave of fraudulent behavior with individuals and businesses illegitimately claiming, by some estimates, over $200 billion in Economic Injury Disaster and Paycheck Protection Program loans, in addition to a staggering $45 billion in pandemic unemployment…

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