RJO Attorneys Publish Articles with Law360 and ALM’s Litigation Daily

Rogers Joseph O’Donnell PC shareholder Gregory P. Rosen co-authored an Oct. 29 article in Law360 that covered the recent investigation into border czar Tom Homan and whether private citizens can be prosecuted as public officials under federal bribery law.  

In the article, Rosen and co-author Jason Manning from Levy Firestone Muse LLP, highlighted a wide range of case law to conclude that a person qualifies as a public official for federal bribery law when they “occupy a position of trust” and “they wield substantial influence over federal decision-making — especially where third-party rights or benefits turn on that influence.”

In the Homan case, Rosen and Manning wrote that investigators likely had more work to do.  “With the abrupt termination of the FBI investigation into Homan, we are unable to assess whether he was actually working for or on behalf of the government to bring his conduct within the scope of Section 201. But the story is a reminder of the federal bribery statutes’ ability to reach private citizens,” wrote the authors.

You can find a PDF of the full article here.

Rosen co-authors Forklifts indictment article

Rosen, RJO associate Jules L. Szanton and Manning also co-authored a Nov. 3 article in AmLaw Litigation Daily highlighting a recently unsealed 27-count indictment that demonstrates the government’s efforts to crack down on procurement and customs fraud.

In the indictment, the government alleges that the defendants removed “Made in China” identifiers and conducted a parallel customs-evasion scheme for equipment sold to the government. The article demonstrates that the Department of Justice has escalated prosecution efforts towards violations of the Buy American Act and Trade Agreement Act. 

“The Forklifts indictment highlights a Justice Department that remains capable of marshalling significant resources toward conventional fraud, customs and procurement cases,” wrote the authors. “As government contractors and importers emerge as targets of DOJ’s attention, compliance representations and customs declaration that once seemed routine may now invite serious scrutiny.”

You can find a PDF of the full article here.

Rosen also mentioned in Comey Coverage

Rosen was also mentioned in a Law360 article published on Oct. 28, which covered the prosecution of former FBI Director James Comey and the wide support Comey has received from former Department of Justice officials, lawmakers and judges. 

Rosen is part of a legal team representing a group of former DOJ officials who filed an amicus brief in Virginia federal court on Oct. 27 in support of Comey, spearheaded by the Washington Litigation Group, including Nathaniel Zelinsky, James Pearce, Samantha Bateman and Mary Dohrmann.     

A member of RJO’s White-Collar Criminal Defense and Government Contracts Practice Groups, Rosen represents clients in criminal and regulatory matters involving the False Claims Act, particularly in the field of government contracts, procurement and federal fund recipient fraud. He also handles high-stakes financial and regulatory investigations, among other matters.