Emerging Trends and Changes in False Claims Act Enforcement: 2018 Outlook

    /Martin  /Ken Behrspeaker of Training Doyensinvite
    Speaker: Martin Ken Behr


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    Duration: 60 Minutes
    Product Code: 50365
    Level: Intermediate

OVERVIEW

Whistleblower suits are now generating large settlements and criminal investigations.

These suits lead to aggressive prosecutions, which are usually met with minimal resistance, which further encourages enforcement officials to  continue to use laws, like the FCA, for trade and other business violations

To avoid bad headlines, loss of shareholder value, possible criminal sanctions or higher civil penalties, corporations faced with customs and other business type claims are choosing to settle instead of litigating.   

There are, however, potential FCA defences for companies alleged to have committed fraud.  You will learn what they are and how to use them.

WHY SHOULD YOU ATTEND

Convenience. You can participate in our FCA webinar from a location of your choosing – your home, your office, or a client/customer location are all perfectly suitable for learning in a webinar environment. All you need is a high-speed Internet connection and a PC or a Mac from which to sign on to the webinar.

Focused Learning. You will receive an in-depth treatment of a very important topic that that specifically interests you -- or your business or boss.

Time Savings. There is no need to travel to participate in our FCA webinar.  you save valuable time in your busy schedule. Additionally, as identified above, our FCA webinar is a focused learning opportunity. The webinar is relevant to your situation.

Cost. Our FCA costs a lot less than an equivalent traditional seminar or conference session. Further, because you do not travel to participate in our webinar, you save those costs also.

No Exam Required. You are not required to pass a final exam. Instead of worrying about passing a test, you can actually learn in comfort.  No stress.

Q & A.  You will have the opportunity to ask questions about the FCA.  It is very nice to receive answers about what interests -- or bothers -- you.

AREAS COVERED

  • The FCA
  • Customs Fraud
  • Common Customs Violations 
  • Traditional Civil Enforcement of Customs Violations
  • The United States has Civil and Criminal Laws Enforcing Customs Violations.
  • Now a Multi-Pronged Approach to Combating Customs Violations
  • "Domestic Value" -- What is This?
  • Who Can Be Penalized?
  • The Statute Most Commonly Used in the Civil Enforcement of Trade Violations
  • Who Can Be Penalized?
  • Now a Multi-Pronged Approach to Combating Customs Violations
  • Now a Multi-Pronged Approach to Combating Customs Violations
  • Favourite Criminal Statutes Commonly Used in Enforcement of Customs Violations
  • The Old False Claims Act has New Sharp Teeth 
  • Who Should be Interested in the FCA?

LEARNING OBJECTIVES

Whistleblower suits! You will learn that there is a new reality concerning international trade and other business violations.  The U.S. government is likely to bring criminal charges whenever possible in conjunction with the use of civil law statutes.  This is designed to increase the risk and severity of penalties for trade and other violators.  

Use of the False Claims Act ("FCA"), codified at 31 USC §§ 3729-33, was once extremely rare.  Until the 1986 amendments to this 1863 law (which is also known as "Lincoln's Law" -- legislation designed to combat corrupt war profiteers during the Civil War), this was an under-utilized tool.  Since 2008, however, the DOJ has been more than willing to use the FCA to prosecute those who commit fraud upon federal, state and local governments.  The U.S. Government has been recovering many billions of dollars from trade violators every year.

WHO WILL BENEFIT

Companies involved in the import and export of goods or technology are at risk of violating the FCA. So are companies that may risk or become involved in:

  • Pharmaceutical Fraud 
  • Off-Label Promotion Fraud
  • Healthcare Fraud
  • Defence Contracting Fraud
  • Government Contracting Fraud
  • Financial Fraud
  • Research Grant Fraud

SPEAKER

Years of Experience: 30+ years

Areas of Expertise: Customs and International Trade Law

Martin is a customs and international trade lawyer admitted to practice in New Jersey, New York and Pennsylvania, and before the U.S. District Court for the District of New Jersey and the U.S. Court of International Trade.  Martin received a bachelor of arts degree from Rutgers University, a master of public administration degree from Fairleigh Dickinson University, and a law degree from Rutgers School of Law - Newark. He is also a licensed U.S. Customs Broker, one who actually worked in the industry for a number of years.

Martin is a former U.S. Customs officer (senior inspector and import specialist), who was stationed at land, air and sea ports of entry.  While with U.S. Customs at the Port of New York/Newark, he was a member of the agency's export control branch.

Martin is also a former special agent with the U.S. Department of Defense, assistant prosecutor with the Office of the Hudson County (NJ) Prosecutor, and executive with a global FMC-licensed Ocean Transportation Intermediary. 

Now a part-time instructor with City University of New York's Baruch College, where he teaches international trade courses (import, export, logistics, business and law).  Martin was also an adjunct professor with Fashion Institute of Technology and Pace University.  In addition to his legal practice, Martin is of counsel to GRVR Attorneys LLC, a customs and international trade law group headquartered in Dallas, TX.

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