Articles

Bont: White collar update — Walmart pharmacy defense plays offense

Walmart took issue with the government’s assertion that national pharmacy chains are required to analyze and share prescribing data across its stores and with line pharmacists. After waiting four years for the government to initiate legal proceedings, Walmart took the offensive and filed a declaratory judgment action in the Eastern District of Texas. In essence, Walmart alleged to the court that the government was creating and enforcing laws that did not exist.

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Bont: White collar update: Sacklers, Flynn elude criminal charges

In the current administration, it is somewhat unusual for the government to prosecute corporate wrongdoing using every weapon in its arsenal. Particularly given the Department of Justice’s recent practice of publicly announcing decisions not to prosecute corporations that have been under criminal investigation, the recent announcement of resolved criminal charges against Purdue Pharma is unique.

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Bont: White-collar prosecutions decline amid COVID-19 pandemic

The onset and continuation of COVID-19 distancing precautions has led to fewer criminal prosecutions in general and fewer “white collar” prosecutions in particular. White collar criminal investigations are dependent upon search warrants for business records, witness cooperation and grand jury testimony. It shouldn’t come as a shock to anyone that witnesses are even less welcoming of government agents into their homes and offices (and government agents are certainly less inclined to make such visits) at this time.

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Bont: Government’s gang reports not clowning around

In 2011, the FBI’s National Gang Intelligence Center Report identified the Juggalos — criminal-minded fans of the musical act Insane Clown Posse — of the as a “hybrid gang,” which was nebulously defined as a loosely organized group of individuals with multiple affiliations and a high propensity for random criminal activity. Juggalos are no longer classified as a gang.

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