Compliance & Ethics

The Federal Trade Commission (FTC) has announced the withdrawal of two antitrust policy statements that it considers "outdated." The decision targets guidance on antitrust enforcement in healthcare that was published in August 1996 and on accountable care organizations (ACOs) published in October 2011. This move aligns the FTC with the Department of Justice (DOJ), which withdrew its guidance on these matters earlier this year. The decision has implications for compliance officers navigating the complex landscape of healthcare antitrust regulations.

NextGen Healthcare has agreed to pay $31 million to settle allegations of violating the False Claims Act and the Anti-Kickback Statute. The U.S. Department of Justice (DOJ) filed a complaint stating that NextGen credited customers whose recommendations of its software led to new business, a practice that violated federal laws. The settlement emphasizes the importance of compliance officers in preventing such misconduct.

Christopher Ehrman, the long-serving director of the Commodity Futures Trading Commission's (CFTC) whistleblower program, has announced his departure from the agency. Effective immediately, Ehrman will transition to private practice as a lawyer representing whistleblowers, marking a significant change after his tenure of nearly a decade at the helm of the program.

The Federal Trade Commission (FTC) has initiated an investigation into OpenAI, the leading AI industry player, to determine if the company engaged in deceptive or unfair business practices. The probe, outlined in a "Civil Investigative Demand" (CID) obtained by The Washington Post, signifies a comprehensive examination of OpenAI's operations and could result in repercussions if harmful practices are uncovered.

In a significant move aimed at strengthening financial oversight and combatting illicit activities, the U.S. Treasury Department has appointed Andrea Gacki, a seasoned expert in economic sanctions, as the new director of the Financial Crimes Enforcement Network (FinCEN). The appointment reflects the government's commitment to addressing financial crimes and maintaining a robust regulatory framework.

In a significant development for the cryptocurrency industry, a U.S. District Judge, Analisa Torres, has ruled in favor of a cryptocurrency company, Ripple Labs, in a significant portion of the Securities and Exchange Commission's (SEC) enforcement case against it. The case involved the sale of over $1.4 billion worth of a digital token called XRP. Judge Torres agreed with Ripple Labs' argument that approximately half of its XRP sales did not violate investor-protection laws, bolstering claims made by other major cryptocurrency exchanges facing similar allegations by the SEC.

In a stunning blow to the genomics industry, Illumina, the leading provider of DNA sequencing technology, has been hit with a record-breaking fine of $400 million by regulatory authorities. The fine comes as a result of alleged anti-competitive practices and breaches of fair trade regulations that have shaken the biotechnology community and left investors and stakeholders in a state of shock.