Law Firms Representing Purdue Pharma Agree to Relinquish $1 Million in Settlement with U.S. Trustee Program

The Department of Justice’s U.S. Trustee Program (USTP) has entered into a settlement with three law firms representing Purdue Pharma (Purdue) in its ongoing bankruptcy cases. The firms are Skadden, Arps, Slate, Meagher & Flom LLP; Wilmer Cutler Pickering Hale and Dorr LLP; and Dechert LLP (the Firms). 

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  • Higher Education: IRS and Education Could Better Address Risks Associated with Some For-Profit College Conversions
    In U.S GAO News
    GAO identified 59 for-profit college conversions that occurred from January 2011 through August 2020, almost all of which involved the college's sale to a tax-exempt organization. In about one-third of the conversions, GAO found that former owners or other officials were insiders to the conversion—for example, by creating the tax-exempt organization that purchased the college or retaining the presidency of the college after its sale (see figure). While leadership continuity can benefit a college, insider involvement in a conversion poses a risk that insiders may improperly benefit—for example, by influencing the tax-exempt purchaser to pay more for the college than it is worth. Once a conversion has ended a college's for-profit ownership and transferred ownership to an organization the Internal Revenue Service (IRS) recognizes as tax-exempt, the college must seek Department of Education (Education) approval to participate in federal student aid programs as a nonprofit college. Since January 2011, Education has approved 35 colleges as nonprofit colleges and denied two; nine are under review and 13 closed prior to Education reaching a decision. Figure: Example of a For-Profit College Conversion with Officials in Insider Roles IRS guidance directs staff to closely scrutinize whether significant transactions with insiders reported by an applicant for tax-exempt status will exceed fair-market value and improperly benefit insiders. If an application contains insufficient information to make that assessment, guidance says that staff may need to request additional information. In two of 11 planned or final conversions involving insiders that were disclosed in an application, GAO found that IRS approved the application without certain information, such as the college's planned purchase price or an appraisal report estimating the college's value. Without such information, IRS staff could not assess whether the price was inflated to improperly benefit insiders, which would be grounds to deny the application. If IRS staff do not consistently apply guidance, they may miss indications of improper benefit. Education has strengthened its reviews of for-profit college applications for nonprofit status, but it does not monitor newly converted colleges to assess ongoing risk of improper benefit. In two of three cases GAO reviewed in depth, college financial statements disclosed transactions with insiders that could indicate the risk of improper benefit. Education officials agreed that they could assess this risk through its audited financial statement review process and could develop procedures to do so. Until Education develops and implements such procedures for new conversions, potential improper benefit may go undetected. A for-profit college may convert to nonprofit status for a variety of reasons, such as wanting to align its status and mission. However, in some cases, former owners or other insiders could improperly benefit from the conversion, which is impermissible under the Internal Revenue Code and Higher Education Act of 1965, as amended. GAO was asked to examine for-profit college conversions. This report reviews what is known about insider involvement in conversions and to what extent IRS and Education identify and respond to the risk of improper benefit. GAO identified converted for-profit colleges and reviewed their public IRS filings. GAO also examined IRS and Education processes for overseeing conversions, interviewed agency officials, and reviewed federal laws, regulations and agency guidance. GAO selected five case study colleges based on certain risk factors, obtained information from college officials, and reviewed their audited financial statements. In three cases, GAO also reviewed Education case files. Because of the focus on IRS and Education oversight, GAO did not audit any college in this review to determine whether its conversion improperly benefitted insiders. GAO is making three recommendations, including that IRS assess and improve conversion application reviews and that Education develop and implement procedures to monitor newly converted colleges. IRS said it will assess its review process and will evaluate GAO's other recommendation, as discussed in the report. Education agreed with GAO's recommendation. For more information, contact Melissa Emrey-Arras at (617) 788-0534 or emreyarrasm@gao.gov.
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  • Gender Pay Differences: The Pay Gap for Federal Workers Has Continued to Narrow, but Better Quality Data on Promotions Are Needed
    In U.S GAO News
    The overall pay gap between men and women in the federal workforce has narrowed considerably, from 19 cents on the dollar in 1999 to 7 cents in 2017, but the current pay gap is greater for certain groups of women, according to GAO's analysis of data from the Office of Personnel Management (OPM). Two trends help explain why the pay gap has narrowed: (1) men and women have become more similar in measurable factors related to pay, such as occupation; and (2) women have earned slightly higher rates of pay increases than men. In 2017, most of the overall pay gap—or 6 of 7 cents on the dollar—was not explained by differences between men and women in measurable factors (see figure). This unexplained portion of the pay gap may be due to factors not captured in the data GAO analyzed, such as work experience outside the federal government, or factors that cannot be measured, such as discrimination and individual choices. In 2017, the overall and unexplained gaps were greater for certain groups. For example, compared to White men, the unexplained gap was greater for Hispanic/Latina, Black, and American Indian or Alaska Native women than for White and Asian, Native Hawaiian, or Pacific Islander women. Pay Gap between Men and Women in the Federal Workforce, 1999 to 2017 OPM and the U.S. Equal Employment Opportunity Commission (EEOC) have taken steps to analyze data on the pay gap and help agencies address it. From 2014 to 2016, OPM implemented a government-wide strategy to address the pay gap, and officials said their future efforts will include monitoring the pay gap periodically. EEOC annually collects workforce data from agencies and provides related technical assistance, and officials said they plan to expand these efforts. These data include promotions by gender and race and ethnicity, which EEOC and agencies use to identify potential barriers to career advancement, but GAO found these data were not sufficiently complete. Of the 51 data tables GAO requested, 35 were either missing or had at least one incomplete data element. EEOC officials said this is partly due to promotion applicants not being required to provide demographic information. However, EEOC has not fully assessed the reliability of these data and generally does not follow up with agencies about missing data between technical assistance visits. Without taking steps to assess and improve the quality of these data in a timelier manner, EEOC may miss opportunities to ensure equal opportunity for all promotion applicants. As the nation's largest employer, the federal government employed about 2.7 million workers in 2019. Although the pay gap between men and women in the federal workforce is smaller than it is for the entire U.S. workforce and has narrowed over time, studies show that pay disparities continue to exist. GAO was asked to explore the current status of pay equity in the federal workforce. This report examines how the pay gap between men and women in the federal workforce has changed since 1999, and what factors account for any remaining gap; and the extent to which OPM and EEOC have monitored and taken steps to address the pay gap in the federal workforce, including assessing potential disparities in promotions; among other objectives. GAO analyzed OPM's Enterprise Human Resources Integration data on about 2.1 million federal employees from September 1999 to September 2017 (the most recent reliable data available at the time of GAO's review); reviewed federal agency promotion data collected by EEOC for fiscal years 2015 through 2017 (the most recent available data); and interviewed OPM and EEOC officials and reviewed relevant documentation. GAO recommends that EEOC take steps to assess the quality of federal agency promotion data and address missing data with agencies in a timelier manner. EEOC neither agreed nor disagreed with GAO's recommendation. For more information, contact Cindy Brown Barnes at (202) 512-7215 or brownbarnesc@gao.gov.
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  • Former Owner of Health Care Staffing Company Indicted for Wage Fixing
    In Crime News
    A federal grand jury returned an indictment charging Neeraj Jindal, the former owner of a therapist staffing company, for participating in a conspiracy to fix prices by lowering the rates paid to physical therapists and physical therapist assistants in north Texas, including the Dallas-Fort Worth metropolitan area, the Department of Justice announced today. The indictment also charges Jindal with obstruction of the Federal Trade Commission’s separate investigation into this conduct.
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  • North Carolina Return Preparer Pleads Guilty to Tax Fraud Scheme
    In Crime News
    A North Carolina return preparer pleaded guilty today to conspiring to defraud the United States.
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  • Convicted Sex Trafficker Sentenced to 270 Months in Prison
    In Crime News
    The Justice Department today announced that Senior Judge William K. Sessions III sentenced Brian Folks, 45, to 270 months in prison today.
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  • Texas woman handed significant sentence for health care fraud scheme
    In Justice News
    A 58-year-old resident [Read More…]