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Insight

Supreme Court False Claims Act Ruling May Affect Paycheck Protection Program Lenders

by John (Jay) Williams, Preston Burton and Benjamin Hutten
3 minute read | June.09.2023

Entities that submit false claims to the government can be liable if they subjectively believed the claims were false at the time of submission.

Insight

DOJ Appears to Shift Focus to Lenders in Paycheck Protection Program Investigations: What You Need to Know

by John (Jay) Williams, Preston Burton and Benjamin Hutten
3 minute read | May.26.2023

DOJ appears to be shifting its focus from investigation fraudulent behavior by PPP borrowers to investigating lenders and related institutions.

Insight

Some Lies Matter More Than Others: Why Congress Should Consider a 'False Statement Misdemeanor'

by Preston Burton and Jackson Hagen
1 minute read | June.25.2020

The Department of Justice’s attempted abandonment of the Michael Flynn prosecution has sparked troubling and conflicting questions of political ...

Insight

CARES Act Puts Inspectors General Back in the Spotlight

by Daniel R. Alonso and Preston Burton
9 minute read | May.11.2020

Federal Inspectors General—the nation’s watchdogs over government agencies and government programs—are back in the news.

Insight

Cares Congressional Oversight: Scope and Structure

by Preston Burton
5 minute read | April.10.2020

photo of U.S. Capitol and flag with blue graphic overlay

The Coronavirus Aid, Relief, and Economic Security Act, signed in March 2020, enacted an unprecedented level of emergency government spending to ...

Insight

Less Isn't Always More: 1001(A)(1) Concealment Charges in Voluntary Disclosure Submissions

by Preston Burton
8 minute read | December.03.2019

In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement ...

Insight

Coercive Process for Material Witnesses Needs Reform

by Preston Burton
10 minute read | March.24.2019

The material witness statute confers incredible power on the government to obtain the arrest and detention of a witness.

Insight

Congressional Subpoenas, Special Prosecutors, and The Capitol Jail—Let the Games Begin

by Preston Burton
5 minute read | December.11.2018

President Donald Trump has been predictably defiant in responding to the suggestion that House Democrats will unleash their newly won subpoena powers ...

Insight

Preparing for Congressional Investigations

55 minute watch | December.05.2018

Orrick attorney Preston Burton delved deeper into these topics and offered some thoughts on navigating the coming tide of congressional ...

Insight

Can You Comment When SARs Come Up?

by Preston Burton
8 minute read | June.04.2018

Recent news related to the investigation of Russian influence in the U.S. political process has drawn the public’s attention to the Suspicious ...

Insight

The Arrival of Justice Gorsuch May Bring Opportunity to Reform the Collective Entity Doctrine

by Preston Burton and Leslie Meredith
12 minute read | June.01.2017

A little over 100 years ago, the Supreme Court declined to extend the Fifth Amendment privilege against self-incrimination to corporations responding ...