Tag: z.doj

An indictment was unsealed today charging Terren S. Peizer, the CEO and Chairman of the Board of Directors of Ontrak Inc., a publicly traded health care company, for allegedly engaging in an insider trading scheme in which he fraudulently used Rule 10b5-1 trading plans to trade Ontrak stock. “Mr. Peizer is accused of using his insider knowledge as CEO of a publicly traded company to line his own pockets in violation of his duty to his company and its shareholders,” said U.S. Attorney Martin Estrada for the Central District of California. “Mr. Peizer allegedly exploited material nonpublic information and tried to shield himself with a rule designed to ensure a fair and level playing field for all investors. With this indictment, we again affirm that the law applies equally to all and that corporate executives who unlawfully denigrate the integrity of our financial markets will be held accountable.”

According to court documents, Jo Ann Macrina, 66, of Daytona Beach, Florida, served as the Commissioner of Atlanta’s Department of Watershed Management from 2011 through May 2016. During Macrina’s tenure, the City of Atlanta awarded millions of dollars in contracts to an architectural, design, and construction management and services firm based in Atlanta. Macrina took multiple steps to steer lucrative contracts toward the firm’s joint venture. Those actions included casting aside prior final scores ranking potential vendors where the joint venture ranked near the bottom, replacing two evaluators who previously represented the Department of Watershed Management with herself and Macrina’s employee, and scoring the joint venture higher than all other evaluators during a reevaluation.

In exchange for providing the firm’s executive vice president with access to confidential information and preferential treatment on City of Atlanta projects, Macrina was offered a job and accepted things of value. For instance, Macrina accepted $10,000 in cash, a diamond ring, a room at a luxury hotel in Dubai, and landscaping work at her home from the firm’s executive vice president either directly or through another employee of the firm. Shortly after Macrina’s employment with the City of Atlanta ended, she began working for the firm. Between June 2016 and September 2016, the firm and its executive vice president paid Macrina $30,000 in four separate payments.

The strike force’s goal is to “…protect U.S. national security by preventing …sensitive technologies from being used for malign purposes” by “nation-state adversaries” such as China, Iran, Russia, and North Korea. The “sensitive technologies” at issue include supercomputing and “exascale” computing, quantum computing, biosciences, and, of course, artificial intelligence.

This development reflects the Administration’s continuing focus on using export control policy and enforcement to advance its national security priorities—of which economic security has become a key subset. The Administration has used the Foreign Direct Product Rule and coordinated its use, particularly regarding advanced semiconductor technology and related tooling, among its allies and partners outside of the traditional multilateral frameworks.  This is yet another example of how the Administration has scaled-up its use of export controls to generate desired outcomes in the areas of technology security and economic competitiveness – both national security priorities – vis-à-vis, in particular, China. The creation of the Disruptive Technologies Strike Force is the latest step by the Administration toward institutionalizing a “whole of government” approach to its novel use of export control policy and enforcement to counter this geopolitical rival.  

Michael S. Flynn was sentenced on Feb. 10 in Bridgeport, Connecticut to fifteen months’ imprisonment and restitution of $1,062,155 for his participation in bid-rigging and fraud schemes targeting public and private entities in Connecticut. This is the seventh sentencing arising out of the investigation into the insulation contracting industry.

Two Amazon marketplace sellers and four of their companies have pleaded guilty to price fixing DVDs and Blu Ray Discs. On Feb. 10 in U.S. District Court for the Eastern District of Tennessee, Bruce Fish of Hayfield, Minnesota, along with BDF Enterprises, Inc., a corporate entity owned by Fish, admitted to participating in a conspiracy to fix the prices of…

About this time last year, we offered some insight on Economic Espionage and Theft of Trade Secrets, which included a primer on economic espionage, case examples, and avoidance strategies.  We observed that “[w]hile the Office of the Director of National Intelligence has identified China, Russia, and Iran as the three states most capable of committing.

The Justice Department announced today that it has concluded there is reasonable cause to believe that the Louisiana Department of Public Safety and Corrections (LDOC) routinely confines people in its custody past the dates when they are legally entitled to be released from custody, in violation of the Fourteenth Amendment. 

On January 17, 2023, Assistant Attorney General for the Criminal Division (“AAG”) Kenneth A. Polite, Jr. announced significant revisions to the U.S. Department of Justice, Criminal Division, corporate criminal enforcement policy (“CEP”).[1] The new CEP changes offer additional incentives to companies for voluntary self-disclosures, cooperation, and remediation.  The new CEP reflects an increased emphasis on……

  U.S. Department of Justice FOR IMMEDIATE RELEASE Tuesday, December 20, 2022 A federal grand jury in the District of Maryland returned an indictment that was unsealed today charging two men for their roles in schemes to defraud investors in CytoDyn Inc., a publicly traded biotechnology company (OTCQB: CYDY) based in Vancouver, Washington. According to court documents, Nader Pourhassan, 59,…

  In a civil complaint filed today, the Department of Justice alleges that AmerisourceBergen Corporation and two of its subsidiaries, AmerisourceBergen Drug Corporation and Integrated Commercialization Solutions, LLC (together “AmerisourceBergen”), collectively one of the country’s largest wholesale pharmaceutical distributors, violated federal law in connection with the distribution of controlled substances to pharmacies and other customers across the country, contributing to…

A federal grand jury in the District of Maryland returned an indictment that was unsealed today charging two men for their roles in schemes to defraud investors in CytoDyn Inc., a publicly traded biotechnology company (OTCQB: CYDY) based in Vancouver, Washington. According to court documents, Nader Pourhassan, 59, of Lake Oswego, Oregon, and Kazem Kazempour, 69, of Potomac, Maryland, allegedly…

Advanced Bionics LLC, a Valencia, California-based manufacturer of cochlear implant system devices, has agreed to pay more than $12 million to resolve allegations that it misled federal health care programs regarding the radio-frequency (RF) emissions generated by some of its cochlear implant processors. “The United States expects device manufacturers to provide accurate information when they claim that their devices meet…

As 2022 comes to a close, is it possible to predict a trend for corporate and white-collar enforcement by the U.S. Department of Justice in 2023? Yes: enforcement will increase in 2023, and it will increase yet more in 2024. Understanding the Department as a dispersed, human institution that responds to incentives explains why.

According to the company’s admissions and court documents, between 2010 and 2014, Honeywell UOP conspired to offer an approximately $4 million bribe to a then-high-ranking executive of Petróleo Brasileiro S.A (Petrobras) in Brazil. Specifically, Honeywell UOP offered the bribe to secure improper advantages in order to obtain and retain business from Petrobras in connection with Honeywell UOP’s efforts to win an approximately $425 million contract from Petrobras to design and build an oil refinery called Premium.

The House select committee investigating January 6, 2021, is expected to announce it will refer at least three criminal charges against former President Donald Trump to the Justice Department, including insurrection, obstruction of an official proceeding and conspiracy to defraud the federal government, according to a source familiar with the matter. The committee’s final recommendations could include additional charges proposed…

A federal grand jury in the Southern District of Texas returned an indictment that was unsealed yesterday charging eight men with conspiracy to commit securities fraud for a long-running, social media-based “pump and dump” scheme. According to court documents, Edward Constantinescu, aka Constantin, 38, of Montgomery, Texas; Perry “PJ” Matlock, 38, of The Woodlands, Texas; John Rybarczyk, 32, of Spring,…