A Record: Fraud Recoveries Top $5.6 Billion « USDOJ: Justice Blog

Yesterday, Deputy Attorney General James Cole joined Vice President Biden at a Cabinet meeting focused on meeting the President’s commitment to cut waste, combat fraud, and eliminate misspent dollars across the Federal government.

During the meeting, Deputy Attorney General Cole announced that the Department of Justice has recovered more than $5.6 billion in fraud proceeds in 2011 – the largest amount for any single year in the history of the department.  This historic achievement represents an increase of more than 167 percent since 2008, and includes nearly $3.4 billion in civil fraud, as well as $2.2 billion in criminal fraud.

These recoveries stemmed from activities ranging from grant fraud, to mortgage fraud, to procurement fraud, and far beyond.  In fact, nearly $3 billion was recovered in health care fraud alone, due in part to unprecedented levels of cooperation between the Department of Justice and the Department of Health and Human Services.

In particular, the use of Medicare Fraud Strike Forces – specialized teams of agents and prosecutors dedicated to a singular mission – has significantly expanded in recent years, and their impact on our efforts has been dramatic.  In 2008, these Strike Forces allowed the Department to bring cases involving $384 million in fraudulent claims.  This year, they brought cases involving over $1 billion in fraudulent claims – meaning that, for every dollar spent on this effort, the Administration has been able to recover seven dollars.

via A Record: Fraud Recoveries Top $5.6 Billion « USDOJ: Justice Blog.

District of Delaware Adopts Revised Default Standards for Discovery : Electronic Discovery Law

Effective yesterday, the District of Delaware has adopted revised default standards for discovery, including electronic discovery.  The standards cover a broad range of e-discovery issues from cooperation and proportionality to preservation, privilege, and format of production, among others.  Clearly intended to provide more than just general guidance to parties before the court, the default standards are quite specific (e.g, identification of categories of ESI not presumptively subject to preservation and mandated formats for production) and parties are therefore advised to carefully consult the guidelines when practicing in the District of Delaware.

via District of Delaware Adopts Revised Default Standards for Discovery : Electronic Discovery Law.

Senator Seeks Answers About Phone Logging Software | NPR

Yesterday, we reported about the tempest brewing about Carrier IQ, a secret software a researcher says has been installed on millions of phones and is capable of logging websites a user visits, the contents of voice and text messages and even the content of online searches.

Today Sen. Al Franken, a Democrat for Minnesotta, sent a letter to the company asking for a detailed explanation of the kind of information the company’s software logs.

“The revelation that the locations and other sensitive data of millions of Americans are being secretly recorded and possibly transmitted is deeply troubling,” Franken said in a statement. “This news underscores the need for Congress to act swiftly to protect the location information and private, sensitive information of consumers. But right now, Carrier IQ has a lot of questions to answer.”

As we said yesterday, Carrier IQ denies that its software is used to snoop. Instead, the company says, it is used to diagnose problems.

Today, Forbes picks up the story and adds that the company, as well as the telephone carriers that allowed the software on their customer’s phones could be facing a costly class action lawsuit, because of the possibility that the software violates federal wiretap laws.

via Senator Seeks Answers About Phone Logging Software : The Two-Way : NPR.

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Is Your Business Toxic-in the FCPA Compliance Context | Thomas Fox – JDSupra

Is your business toxic? I do not mean that it had holds the type of sub-prime Collateral Debt Obligation assets which were so prominently mentioned in the press just a few years ago. I mean is your business so devoid of anything close to a best practices compliance program that you are not able to obtain loans, manage risk through insurance or other equally traditional business practices? Yesterday I wrote about the new types of insurance available for investigation of, and claims based upon, alleged violations of the Foreign Corrupt Practices Act (FCPA). This also included Directors and Officers liability coverage if such persons are made parties in a stock holder derivative action based upon violations of the FCPA. I also wrote about banks and other financial institutions which are now reviewing compliance programs to determine if they meet some type of minimum best practices. However, now the failure to have a minimum best practices compliance program in place may have a more drastic effect; it may deny you the ability to access your company’s value in the capital markets.

via Is Your Business Toxic-in the FCPA Compliance Context | Thomas Fox – JDSupra.

AT&T Antitrust Suit Draws Line in Sand That Will Affect Other U.S. Mergers – Bloomberg

The lawsuit seeking to block AT&T Inc.’s takeover of T-Mobile USA Inc. shows a more aggressive antitrust stance by the U.S. Justice Department that limits prospects for other big telecommunications deals, antitrust analysts said.

The suit, filed yesterday in Washington federal court, seeks to derail the $39 billion T-Mobile deal, the biggest acquisition announced this year, according to data compiled by Bloomberg. The last transaction the Justice Department challenged whose size even approached the AT&T bid was the 2003 $8.4 billion Oracle Corp.-PeopleSoft Inc. merger.

The T-Mobile deal is the biggest challenged by the Justice Department since it sued in June 2000 to block WorldCom Inc.’s proposed acquisition of Sprint Corp., a deal valued at $152 billion when the companies called off the merger the following month.

With yesterday’s filing, President Barack Obama’s Justice Department departed from its strategy of approving large acquisitions after adding conditions, as it did with Comcast Corp.’s purchase of NBC Universal and Ticketmaster Entertainment Inc.’s merger with Live Nation Inc. Previously, antitrust authorities at the department “backed down,” said Robert Lande, a University of Baltimore law professor.

“They negotiated a compromise,” Lande said. “But this one they said, ‘No, we cannot compromise, this is anticompetitive.’”

via AT&T Antitrust Suit Draws Line in Sand That Will Affect Other U.S. Mergers – Bloomberg.

Windows 8 to directly support ISO and VHD files | Microsoft – CNET News

Windows 8 will let you open and view ISO and VHD files all on its own, according to the latest “Building Windows 8″ blog from Microsoft.

Posted yesterday by Microsoft engineer Rajeev Nagar, the new blog called “Accessing data in ISO and VHD files” revealed that native support for ISO and VHD files was one feature often requested by users, prompting the company to add it to its upcoming OS.

ISO (International Organization for Standardization) files are image files that contain the contents of a CD or DVD. Large programs available for download through the Internet are increasingly being created as ISO files. For example, the programs that Microsoft offers through its TechNet subscriptions are packaged as ISO files.

With Windows 7 and prior Windows versions, you’re forced to burn an ISO file to a CD or DVD in order to install the program stored within that file. Of course, many users rely on third-party ISO utilities instead to work past the limitations in Windows. Virtual CloneDrive and Daemon Tools are two utilities that can “mount” ISO files so that the OS can see them as disk drives, letting you directly install the program.

via Windows 8 to directly support ISO and VHD files | Microsoft – CNET News.

Google Says It Rejected Sun’s $100 Million Java-Android Deal – Bloomberg

Google Inc. rejected an offer by Sun Microsystems Inc to pay $100 million in royalties to use Java in its development of the Android operating system before Sun was acquired by Oracle Corp. (ORCL), a Google lawyer said.

Robert Van Nest, Google’s attorney, said yesterday at a hearing in federal court in San Francisco that the proposed $100 million three-year “all-in” deal in 2006 was for a technology partnership to jointly build Android, rather than for just a patent license.

Separately, Oracle won permission yesterday to question Google Chief Executive Officer Larry Page in a deposition about his knowledge of the search-engine company’s alleged infringement of patents that Oracle got when it acquired Sun.

Oracle, based in Redwood City, California, is seeking as much as $6.1 billion in damages from Google in a lawsuit that claims Android software uses technology that infringes Oracle’s patents. Google denies infringing and asked U.S. District Judge William Alsup at yesterday’s hearing to throw out Oracle’s damage estimate.

Alsup said it appeared that Google “has a product out there that is in direct violation of these patents,” and pressed Van Nest to explain why the Mountain View, California- based company discussed a license with Sun.

“There wasn’t any specific discussion of patents,” Van Nest said. While a few lines of code in Android are “identical” to Java, that code probably came from a third party, he said. “We are investigating that,” Van Nest said.

via Google Says It Rejected Sun’s $100 Million Java-Android Deal – Bloomberg.

Twitter: 1 Billion Items Delivered A Day Is Nice, Google+. We Do 350 Billion. | TechCrunch

Yesterday, Google CEO Larry Page dropped some big Google+ numbers during his opening remarks for Google’s earnings call. The biggest one sounded like Google+’s 10 million users were already sharing 1 billion items per day. That sounds insane for a network that is only a couple of weeks old and isn’t yet fully public. But it’s also a bit confusing. What exactly does that mean? And how do we put that into context?

Today, exactly 5 years to the day since they launched, Twitter adds the context. Google+ may be serving up 1 billion items a day, but Twitter is doing 350 billion items a day.

When I say these numbers are a bit confusing, it’s because they’re not “share” numbers in that you think one person sharing something is one share. Instead, as I understand it, what these numbers mean is that when one person shares something, Google and Twitter have to deliver it to X number of timelines (X being the number of people that follow that account). This has long been an engineering challenge for Twitter, and Google is clearly seeing the same thing since they use a similar “follow” model (with Circles — though it’s a bit different since there is such an emphasis on private Circles).

So 1 billion and 350 billion is actually the number of G+ shares and Tweets that Google and Twitter have to serve up, respectively, to fully cover their graphs completely each day. Mind. Blown.

via Twitter: 1 Billion Items Delivered A Day Is Nice, Google+. We Do 350 Billion. | TechCrunch.

Is the Google Probe ‘Microsoft Redux?’ – Law Blog – WSJ

As we noted yesterday, Google faces the most serious legal threat of its young existence:  an antitrust probe into whether it has used its dominance in search-advertising to illegally freeze out competition.

Specifically, the Federal Trade Commission is expected to look into whether Google searches unfairly steer consumers to Google’s own products, and away from those of its competitors,  WSJ reports.

Google, of course, could walk away without a scratch. But still, the antitrust probe is so broad in scope, with the potential to reshape the tech landscape, that it naturally calls to mind the Microsoft case, when the government in the 1990s accused the computer company of using its dominant Windows operating system to hobble competitors.

Are the comparisons apt?

Gary Reback, a Silicon Valley antitrust lawyer who attacked Microsoft before and has pushed for action against Google, sure thinks so. “It is Microsoft redux,” he told WSJ in this piece comparing the two high-profile antitrust matters. “It is almost exactly the same case,” he said.

via Is the Google Probe ‘Microsoft Redux?’ – Law Blog – WSJ.

Hackers breach FBI partner’s site – The Boston Globe

Nearly 180 passwords belonging to members of an Atlanta-based FBI partner organization have been stolen and leaked to the Internet, the group confirmed yesterday.

The logins belonged to the local chapter of InfraGard, a public-private partnership devoted to sharing information about threats to US physical and Internet infrastructure, the chapter’s president said.

“Someone did compromise the website,’’ Paul Farley, president of the InfraGard Atlanta Members Alliance, said in an e-mail exchange. “We do not at this time know how the attack occurred or the method used to reveal the passwords.’’

Copies of the passwords — which appear to include users from the US Army, cybersecurity organizations, and major communications companies — were posted to the Internet by online hacking collective Lulz Security, which has claimed credit for a string of attacks in the past week.

via Hackers breach FBI partner’s site – The Boston Globe.