Elizabeth K. Drill

Drafted opinions in civil cases involving securities fraud, RICO, employment discrimination, and Virginia common law fraud. Drafted civil opinions resolving motions concerning the Federal Arbitration Act, IIED, actual and constructive wrongful termination, and RICO. Wrote a memorandum analyzing whether FBI agents exceeded the scope of a search warrant. Wrote memoranda on the applicability of Sentencing Guidelines enhancements and reductions to defendants' sentences. Prepared a bench brief addressing an ineffective assistance of counsel claim in a petition for a writ of habeas corpus.

This week, the U.S. Department of Justice (DOJ) announced the Criminal Division’s new white collar enforcement plan, changes to its Corporate Whistleblower Pilot Program, and revisions to the Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP). In remarks about these significant changes, which have since been memorialized in a memorandum, Matthew R. Galeotti, the head of the Criminal Division, explained that, consistent with the Administration’s priorities, the Division’s resources will be focused on the “most egregious” white collar crimes – those that harm U.S. taxpayers and markets, threaten American competitiveness, and endanger U.S. national security. Updates to the CEP are designed to provide companies with greater clarity on the outcomes they can expect from voluntary self-disclosure, thereby incentivizing them to come forward with information about their own misconduct and remediate the same. DOJ also announced guidance curtailing the use of costly corporate monitors in resolutions.

Buried deep in the 2025 National Defense Authorization Act is a change to federal law that could breathe new life into an often-neglected civil fraud enforcement tool in the coming year. The newly anointed Administrative False Claims Act (AFCA) renames and revitalizes the Program Fraud Civil Remedies Act of 1986 (PFCRA). Introduced by U.S. Senator Chuck Grassley (R-IA), a champion of the False Claims Act (FCA), the legislation is heading to President Biden’s desk where it is expected to be signed into law within the next week. Under the new law, administrative agencies will soon have expanded powers to pursue and settle up to $1 million in fraud claims and other allegations of false statements made to the Government.

The Department of Justice (DOJ) secured another win for its Civil Cyber-Fraud Initiative last week when it resolved a False Claims Act (FCA) action[1] alleging Pennsylvania State University (Penn State) failed to comply with cybersecurity requirements for more than a dozen Department of Defense (DoD) and National Aeronautics and Space Administration (NASA) contracts and subcontracts. The $1.25M resolution with the university comes two years after a chief information officer for Penn State’s Applied Research Laboratory brought the case under the FCA’s qui tam provisions. It also follows a prolonged stay the parties requested specifically to permit DOJ sufficient time to complete its investigation into the alleged conduct.