The Fraud Injunction Statute: DOJ’s Tool for Fighting COVID-19 Fraud


CLE credits earned: 1 General Credit (WA 1 Law and Legal)

The U.S. Department of Justice has made clear that it is pursuing civil enforcement actions and criminal prosecution of alleged fraudsters exploiting the COVID-19 pandemic. Its civil enforcement efforts target a broad range of COVID-19 schemes, ranging from fraud under the Paycheck Protection Program to hawking fake testing and treatment scams. The DOJ has notched some early victories in recently filed cases using the fraud injunction statute, Title 18 of the U.S. Code, Section 1345, a hybrid civil-criminal statute that gives the government the power to seek injunctions to stop current or potential future violations of certain fraud-related laws and to freeze alleged fraudsters’ assets before trial, including assets unrelated to alleged fraud. This program will provide an overview of Section 1345 and its use in fighting COVID-19 fraud.

Key topics to be discussed:

• History and expansion of 18 U.S.C. Section 1345, the fraud injunction statute
• The ability to use the fraud injunction statute to freeze assets
• The evolving standards for granting injunctions under the statute
• The hybrid civil-criminal structure of the fraud injunction statute

Date / Time: November 5, 2020

•   1:00 pm – 2:00 pm Eastern
•   12:00 pm – 1:00 pm Central
•   11:00 am – 12:00 pm Mountain
•   10:00 am – 11:00 am Pacific

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•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.
Closed-captioning available upon request

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Original Broadcast Date: November 5, 2020

Jessica Heim | Vinson & Elkins LLP

Jessica Heim is a Partner in the San Francisco office of Vinson & Elkins LLP and a member of the firm’s Government Investigations and White Collar Criminal Defense practice. Jessica’s practice involves conducting internal investigations and advising and defending clients in government investigations and enforcement actions brought by U.S. or international regulators. Jessica also counsels clients on a wide range of compliance issues and assists them with proactive compliance measures, finding creative ways to develop and implement formal compliance programs and processes and defending those programs to regulators.
Adrianne Goins | Vinson & Elkins LLP

Adrianne Goins, Counsel in the Washington, D.C. office of Vinson & Elkins LLP, resolves contract disputes for clients in energy, defense, and other industries. Adrianne has practiced law for over twenty years and is experienced in all phases of dispute resolution, from case assessment and discovery, to motions practice, trial preparation, mediation, and hearings before arbitration and administrative panels. Adrianne is a AAA commercial arbitrator and a member of the AAA’s specialty panel on Aerospace, Aviation, and National Security.
John Satira | Vinson & Elkins LLP

John Satira is an associate in the Washington, D.C. office of Vinson & Elkins LLP, where he ensures that businesses and individuals successfully and efficiently interact with the government. His practice is focused on assisting government contractors and other entities and individuals in highly regulated industries navigate the complexities of doing business with the government or under the watch of government regulators. He counsels clients on regulatory and compliance-related obligations, litigates disputes for clients such as bid protests and contract disputes, and interacts with government decisionmakers to obtain clients’ desired outcomes.

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