Description: Global Investigations & Compliance Review is published by Squire Patton Boggs and focuses on international legal issues surrounding compliance, FCPA, and anti-money laundering.
Earlier this year, we previewed two significant False Claims Act (FCA) cases before the U.S. Supreme Court, United States ex. rel. Schutte v. SuperValu, Inc. , No. 21-1326 (“ SuperValu ”), and United States ex. Rel. Proctor v. Safeway, Inc. , No. 22-111 (“ Safeway ”). The FCA provides that “any person who knowingly presents, or causes to be presented, a false or fraudulent claim” to the United States, or who engages in other related activity as set forth in the statute, is liable to the United States for s
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Last month in Percoco v. United States (U.S. May 11, 2023), the Supreme Court reversed the petitioner’s judgment of conviction for conspiracy to commit honest-services wire fraud for allegedly accepting $70,000 from a developer in return for asking a state agency to drop its labor peace agreement requirement. Joseph Percoco had previously served as Executive Deputy Secretary to former New York Governor Andrew Cuomo and would later return to state government—but was not a government employee when he accepted