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Exit Interview: Leigha Simonton

The U.S. attorney for the Northern District of Texas officially leaves office on Sunday, the day before President-elect Donald Trump is sworn in. In a wide-ranging discussion with The Texas Lawbook, Leigha Simonton reflects on her two years as chief federal prosecutor in a district that sprawls across 100 counties, and her long years of public service that led her to the job.

DOJ’s Updated Corporate Compliance Guidance Gives Companies More Reasons to Focus on AI and Technology

Tracking themes apparent in other recent guidance issued by DOJ, companies now have more reason to focus on AI and the effective use of emerging technologies and data analytics, even when engaging in M&A deals, to enhance corporate compliance programs. Perhaps most significantly, the DOJ now asks companies to demonstrate how they are utilizing newly available technology such as AI and whether the companies have adequately prepared for the risks associated with using such technologies.

Who Qualifies as an ‘Officer of the United States?’ The Answer May Surprise You

Courts have historically wrestled with who qualifies as an “Officer of the United States”— a term that is used five times in the Constitution and its amendments. Considering that the federal government employs nearly 3 million people, some of the confusion is warranted. But not all. Earlier this year, the U.S. Supreme Court faced the question of whether the president qualified as an officer of the United States. The Court ultimately decided the case on different grounds without clarification on this point.

A federal district court in Florida ruled three weeks ago that any individual who files a qui tam lawsuit under the False Claims Act is an officer of the U.S. and that the FCA’s qui tam provisions are unconstitutional because whistleblowers are not appointed by the executive branch.

Pharmacy CEO Convicted on All Counts in $160M Medicare Fraud Trial

Mohamed Mokbel was convicted on 15 charges for his role in what prosecutors said was a multipart scheme to defraud the government that involved deceiving doctors and patients, too. Mokbel, former CEO of 4M Pharmacies, argued all he was guilty of was trying to compete with the powerful pharmacy benefit managers, entities that manage prescription drug programs for health plans and control 80 percent of the market. The panel of 12 deliberated for about five hours Tuesday before returning the unanimous verdict.

Testimony Begins in $160M Medicare Fraud Trial of Pharmacy CEO

The CEO of 4M Pharmaceuticals, Mohamed Mokbel, is facing 15 charges related to his alleged role in a Medicare fraud scheme that prosecutors said involved call centers in Egypt and the Philippines, targeted elderly individuals and resulted in a $160 million fraud on the government. Mokbel’s attorneys told jurors Tuesday their client was operating within the bounds of the law with his business plan, which involved payments to a third-party lead generator.

Lessons from the Wind-Up of the SEC’s First Major ‘Care Obligation’ Reg BI Enforcement Action

In 2022, the SEC brought its first enforcement action centered on the alleged failure of a broker-dealer and its associated persons to comply with the Regulation Best Interest (Reg BI) “care obligation.” The SEC sought to use the case to impose a new standard of knowledge and education about investments upon investment professionals. A close read of the case has important lessons for both financial professionals and attorneys who represent them.

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