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FCA enforcement cases 2021

FCA Enforcement Outlook for 2021 Dechert LLP - JDSupr

Recent Trends in FCA Enforcement The Department of Justice's recent zeal in pursuing False Claims Act cases likely provides a measure of what to expect under the Biden Administration These new leaders will bring new ideas and possibly new priorities for FCA enforcement. President Biden has chosen DOJ veterans for the top three posts, indicating a pro-prosecutorial sentiment shared among the Department's leaders. Attorney General Merrick Garland took office on March 11, 2021

enforcement Conditions cases 2 2.3.1 Release 7 May 2021 www.handbook.fca.org.uk EG 2/7 2.3 Case selection: Threshold Conditions cases TheFCAoften takes a different approach to that described above where firmsno longer meet thethreshold conditions. TheFCAviews thethreshold conditionsas being fundamental requirements forauthorisationand it wil Expect a short term reduction in the number of new investigations opened and a continued increase in average case length. During 2021, the FCA is likely to shift from immediate harm prevention towards enforcement action in respect of inadequate implementation of FCA's Covid-19 guidance and investigative work in priority areas such as boiler rooms and scams Speaker: Mark Steward, Executive Director of Enforcement and Market Oversight Event: Expert Forum: Market Abuse 2021 Delivered: 25 February 2021 Note: this is the speech as drafted and may differ from the delivered version. Highlight The FCA announced on 16 March 2021 that it has commenced criminal proceedings against National Westminster Bank Plc (NatWest), a subsidiary of NatWest Group plc. The proceedings relate to alleged failings under the Money Laundering Regulations 2007 (MLRs 2007). NatWest is scheduled to appear at Westminster Magistrates' Court on 14 April 2021 Credible deterrence is central to our enforcement work. Our Enforcement division works closely with the FCA's Authorisation, Supervision, and Strategy and Competition divisions, as well as other regulators and law enforcement. This means we can identify and act early when enforcement action is necessary. Our enforcement power

False Claims Act Enforcement in 2021: A Look Ahead Foley

  1. Speeches First published: 26/04/2021 Last updated: 26/04/2021. Speech by Mark Steward, Executive Director of Enforcement and Market Oversight, delivered at NYU Law School. Speaker: Mark Steward, Executive Director of Enforcement and Market Oversight. Event: NYU Law School (Virtual) Delivered: 31 March 2021. Note: this is the speech as drafted and.
  2. FCA fines Sapien Capital Ltd for serious financial crime control failings in relation to cum/ex trading. Press Releases First published: 06/05/2021 Last updated: 06/05/2021. The FCA has fined Sapien Capital Ltd £178,000 for failings which led to the risk of facilitating fraudulent trading and money laundering
  3. Outlook 2021: Expect 'Vigorous' FCA Enforcement; Prosecutor: Don't Back Off Compliance. Although there will be new leadership at the Department of Justice (DOJ) and HHS, prosecutors and other attorneys say they have a pretty good feel for what health fraud enforcement will look like in 2021
  4. DOJ Announces $2.2 Billion in 2020 FCA Recoveries and Identifies 2021 Priorities. Daniel Cody, B. Kurt Copper, Laura Laemmle-Weidenfeld, Rebecca Martin, Kristen Pollock McDonald, Heather O'Shea.

False Claims Act Enforcement In 2021: A Look Ahead

  1. 2021 brought us the first PPP Fraud FCA Settlement and the COVID-19 Fraud Enforcement Task Force. As we've covered in past blogs (here, here, and here), the government's infusion of money into the economy, designed to help those in need during the pandemic, has also enticed fraudsters of all kinds.This makes being a whistleblower more important than ever
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  3. On January 8, 2021, in the first appellate decision of the year addressing a False Claims Act case, the Fourth Circuit affirmed the summary judgment dismissal of relators' claims that a..
  4. Unlike the other three cases concluded by the FCA in November 2020, Mr Frensham referred the FCA's proposed enforcement action against him to the Regulatory Decisions Committee (the RDC). Mr Frensham's representations before the RDC and the RDC's response to them are set out in the decision notice. This information provides us with a muc
  5. These cases will surely be ones to watch closely in 2021. On a similar track, after settling its own copay assistance investigation in 2018, Pfizer sued HHS in June 2020 seeking a declaratory judgment that patient assistance programs for two of its specialty drugs, which would involve donations to copay assistance foundations and copay cards, are legal

This enforcement data shows the enforcement action we took in 2019/20 and it forms part of our Annual Report. Overview of enforcement action In 2019/20, we issued 203 Final Notices (187 against firms and individuals trading as firms and 16 against individuals), secured 217 outcomes using our enforcement powers (208 regulatory/civil and 9 criminal) and imposed 15 financial penalties totalling £224.4m In Short. The Situation: The U.S. Department of Justice (DOJ) published its annual report regarding False Claims Act (FCA) recoveries for fiscal year 2020 (ending September 2020) and announced its priorities for 2021. The Result: DOJ's 2020 FCA recoveries totaled more than $2.2 billion, a lower sum than in prior years The FCA has been an effective weapon in combating fraud. President Lincoln signed the FCA into law on March 2, 1863. Also known as the Lincoln's Law, the original FCA prohibited various. FCA enforcement cases: On 28 April 2021, the FCA published a consultation paper proposing changes to the conduct and organisational requirements in UK MiFID for two areas:. January 27, 2021 . 2020 YEAR-END FALSE Our Clients and Friends: Looking back on the incredible year that was 2020, some observers of the False Claims Act (FCA) enforcement space may note that the year's FCA recoveries were the lowest they have been in twelve relators still opened 922 new FCA cases last year

  1. In his column for April 2021, Ian considers recent FCA speeches and enforcement cases that demonstrate it is still on the beat for market abuse. Enforcement cases
  2. The FCA and/or the PRA cannot take enforcement action against an individual after the expiry of the relevant period, which begins on the first day on which the FCA and/or the PRA had information from which misconduct could reasonably be inferred, unless a warning notice is issued to the individual before the end of this period (section 66(4)-(6), Financial Services and Markets Act 2000 (FSMA))
  3. e for FCA enforcement
  4. The great majority of intervened False Claims Act cases, and a mounting number of non-intervened cases, are eventually resolved through negotiated settlements. This panel will address strategies employed by defense and relator's counsel to achieve favorable settlements in both intervened and non-intervened FCA cases

Enforcement trends report 2021 Publications Insights

The FCA claims that this enforcement investigation was started when the FCA's new data analytics tools identified the trading pattern. The FCA has repeatedly publicised (for example in its 2018/19 Annual Report p9 and p19) its improved analytical capabilities for market surveillance and transaction report analysis to pursue its objective of tackling market manipulation FCA Investigations and Enforcement Summit. 18 May 2021 . Get a 20% discount with code ENF10GLG . City & Financial Global's last FCA Investigations and Enforcement Summit took place in February 2020 FCA Investigations and Enforcement 2021. Online registration by Cven

The FCA's enforcement priorities for 2021 and beyond The impact of the Covid-19 pandemic on firms' obligations to ensure appropriate systems and controls are maintained Conducting internal investigations: what are the risks to the organisation and the individual On January 14, 2021, the United States Department of Justice (DOJ) issued its annual press release highlighting its recoveries from False Claims Act (FCA) enforcement over the last.. This Advisory is the second in a series on the enforcement landscape in the UK, looking at expected and potential actions from various enforcement agencies. Following on from last month's review of the Serious Fraud Office (SFO), Part 2 considers the position in relation to the Financial Conduct Authority (FCA) and how we see its regulatory actions developing over 2021 and beyond dan he use ofdlata analysis FCA sector-specific risk areas for life sciences companies, El-IR, telehealth, Medicare Part C, laboratories, and other and whistleblower counsel for a panel discussion that will address key enforcement issues, including: 5-19 - FCA Enforcement 2021 (Update).pn

FCA Investigations and Enforcement Summit 2021 Download. Print. FCA Investigations and Enforcement Summit 2021 May 18, 2021 Virtual Event Speaking Engagement May 18. 09:00 AM - 05:00 PM GMT Standard Time Event Has Ended. Virtual. A one-day virtual summit on. Bradley's Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2020 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends

Certification Regime (SMCR) cases, although we expected the level of fines to remain roughly at 2019 levels. So, were we right? enforcement action by the FCA remains a priority, but the volume of cases in 2020 is June 2021, delivering a tailored prudential regime for investment firms EG 2 : The FCA's approach to Section 2.1 : Case selection and the use of enforcement enforcement powers 2 2.1.4 Release 7 May 2021 www.handbook.fca.org.uk EG 2/3 Where afirmor otherpersonhas failed to comply with the requirements of theAct,therules,or other relevant legislation, it may be appropriate to deal with this without the need for formal disciplinary or other enforcement

Locking down market abuse FC

Last week, the Department of Justice (DOJ) announced that it recovered more than $2.2 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year (FY) 2020 (ending September 30, 2020). DOJ's FY 2020 fraud and FCA recovery statistics report accompanied the announcement. With a global pandemic that often delayed proceedings, the $2.2. While the FCA's enforcement outcomes seem largely unchanged (or, arguably, worse) from its results in 2018/19, there has nevertheless been a significant increase in case costs over the year. The average cost of cases referred to the Regulatory Decisions Committee has increased from £253,500 in 2018/19 to £748,800 in 2019/20 However, the FCA dismissed those allegations in 2019, and the bank said its handling of struggling business customers was fundamentally different than in the wake of the financial crisis FCA Handbook Welcome to the website of the Financial Conduct Authority's Handbook of rules and guidance. The FCA Handbook contains the complete record of FCA Legal Instruments and presents changes made in a single, consolidated view

The Financial Conduct Authority plans to interrogate firms on diversity and inclusion by adding a sixth question to its conduct questions list May 11, 2021 May 8, 2021 ~ Brev According to reports in The Times , the FCA is close to a settlement with Park First and owner Toby Whittaker over the £230 million collapse of the scheme . In late 2017 (not 2016 as the linked article has it), in an uncharacteristic burst of activity, the FCA shut the scheme down , alleging that in its current form it constituted an illegal collective.

NatWest Weak Customer Controls Lead to Criminal

May 2021 (15) April 2021 (24) March 2021 (35) February 2021 (29) January 2021 (29) December 2020 (24) After a hiatus in FCA enforcement this year generally, so it will be some time yet before this enforcement case concludes The upcoming administration change, the ongoing pandemic, and an unprecedented stimulus package create uncertainty regarding Justice Department enforcement priorities. Epstein Becker Green health-care attorneys make some predictions, like an uptick in False Claims Act enforcement, including CARES Act-related FCA matters, and a DOJ that will flex its qui tam dismissal authority The FCA announced on 16 March 2021 that it has initiated criminal proceedings against a subsidiary of National Westminster Bank Plc (NatWest) in respect of offences under the Money Laundering Regulations 2007 (MLR 2007), marking its first criminal prosecution under the MLR 2007, and the first ever prosecution under MLR 2007 against a bank

In December 2020, Assistant Attorney General Michael D. Granston previewed DOJ FCA enforcement priorities for 2021, highlighting a focus on COVID-related fraud and private equity's role in any. 03/18/2021 American Zing Recycling Corp. Settlement American Zinc Recycling Corp. (AZR) has settled a federal-state lawsuit citing violations of air, water and hazardous waste environmental laws at its facility in Palmerton, Pennsylvania, delivering environmental and public health benefits, including reduced lead dust exposure, for nearby residents The latest from the FCA; Alsford Page & Gems Limited censured and agrees to pay extended warranty insurance customers £399,902. The Financial Conduct Authority (FCA) has publicly censured Alsford Page & Gems Limited (APG) and APG will pay compensation totalling £399,902 to customers who purchased extended warranty insurance policies during the period 1 February 2013 to 21 March 2016

The senior leadership that will be responsible for white collar enforcement under the Biden Administration is starting to crystalize. In January 2021, President Joseph R. Biden, Jr. announced several key nominations for the US Department of Justice (DOJ), including DC Circuit Judge Merrick Garland for Attorney General, veteran prosecutor Lisa Monaco for Deputy Attorney General, and Gary. Senator Grassley suggested that DOJ has dismissed cases under an incorrect interpretation of the FCA that it has unfettered discretion to dismiss qui tam cases. While acknowledging that the DOJ is within its rights to seek dismissal if a case lacks merit, Senator Grassley suggested that potential new legislation would impose a higher standard on DOJ when seeking dismissals of.

According to its enforcement annual performance report, the FCA opened 343 cases between 1 April 2018 and 31 March 2019 and closed just 189. The number of open cases rose from 496 to 650 Enforcement relating to the treatment of vulnerable customers was among the FCA's priorities during 2020, Mark Steward, the FCA's director of enforcement and market oversight, said recently. Three significant enforcement decisions shed further light on the steps that firms can take to provide good outcomes to vulnerable customers The FCA will no doubt continue to be a powerful tool in the DOJ arsenal, and recent remarks by high-level DOJ officials shed light on where enforcement is headed in 2021. At the same Qui Tam Conference where Senator Grassley made opening remarks, Acting Assistant Attorney General (AAG) Brian Boynton also spoke about the role of the FCA in the new administration The consultation closes on 28 May 2021. FCA enforcement priorities and focus on the fund management sector. On 26 April 2021, As demonstrated by enforcement cases,.

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Enforcement FC

While criminal enforcement actions involving opioids remained a top enforcement priority, the civil False Claims Act (FCA) is still one of the government's most powerful enforcement tools. In our annual webinar, Mintz's Health Care Enforcement Defense team will review the key policy developments, settlements, and court decisions from 2020 and assess their likely impact in 2021 and beyond WASHINGTON, May 3, 2021 — Leading Department of Justice lawyers and whistleblower counsel will discuss key enforcement issues under the False Claims Act during a 90-minute American Bar Association-sponsored webinar, False Claims Act Enforcement in 2021: Hot Topics and How to Mitigate Risk, on May 19. What: False Claims Act Enforcement in 2021: Hot Topics and How to Mitigate Risk. In our Health Care Enforcement 2020 Year in Review & 2021 Outlook, we highlighted the December 2020 criminal securities fraud indictment against Keith Berman, the CEO of Decision Diagnostics. The allegations in the indictment relate to Berman's scheme to defraud investors in connection with Decision Diagnostics' purported development and FDA approval of a finger-prick COVID-19 blood test ⁻The FCA's approach to enforcement has not changed. - 2020/2021 Business Plan We will remain vigilant to potential misconduct. There may be • The FCA opened fewer new cases than in 2017/2018 and 2018/2019 but closed a similar number of cases a As of January 1, 2021, the EC will lose its ability to enforce against cartel conduct in the United Kingdom except in cases that it had already initiated before December 31, 2020. The UK Competition and Markets Authority has indicated that it expects to continue a number of investigations in parallel to the EC

The Enforcement Guide 01/04/2014 . The Enforcement Guide Contents list 1. Introduction. Overview . 2. The FCA's approach to enforcement. 3. Use of information gathering and investigation power 2021 Outlook 2021: Expect 'Vigorous' FCA Enforcement of Justice (DOJ) and HHS, prosecutors and other attorneys say they have a pretty good feel for what health fraud enforcement will look like in 2021. The new kid on the block will be COVID-19 fraud and abuse, where it joins other recent priorities, including cases involving opioids and. UK extends deadline for enforcement of PSD2 SCA. As of April 30, 2020, the UK Financial Conduct Authority (FCA) released a statement indicating they are delaying enforcement of PSD2 SCA requirements from March 14, 2021 by six months to September 14, 2021 due to the exceptional circumstances of the COVID-19 crisis

On January 14, 2021, DOJ announced that it recovered more than $2.2 billion from civil FCA settlements and judgments in fiscal year 2020. This sum represents the smallest annual recovery since 2008, and likely reflects COVID-related slowdowns. Notably, the FCA 2020 statistics do not include several significant opioid settlements that were finalized shortly after the September 30 close of DOJ's. Congress substantially revised the FCA in 1986 and again in 2009 in ways that have given government purchasers—such as the Medicare program—significant enforcement leverage. In 2020, the US Department of Justice recovered US$2.2 billion in FCA judgments and settlements —of which, US$1.8 billion (81.8 percent) came from the healthcare industry

Compliance, Culture and Evolving Regulatory Expectations FC

FCA fines Sapien Capital Ltd for serious financial crime

Becker's 2021 Annual Hospital Over the next two decades there was a sizeable increase in FCA enforcement, with 412 cases filed in Is increased FCA enforcement going to be a continuing. In January, the U.S. Department of Treasury reported that enforcement efforts had recovered more than $3 billion in the past fiscal year from False Claims Act cases. About 2.6 billion of those dollars stemmed from lawsuits involving the health care industry, including hospice organizations There is substantial case law establishing that a contractor cannot be held liable under the FCA for a reasonable, good-faith reading of unclear regulatory requirements. Even if the predictions about an uptick in FCA cybersecurity cases come true, there are good reasons for thinking that many such matters will face significant headwinds The 6th U.S. Circuit Court of Appeals is making waves with a March 31 ruling that broadens protections for whistleblowers under the False Claims Act.The decision expands the definition of the word employee to include previously employed individuals under the law's anti-retaliation provisions, paving the way for more whistleblowers to be protected With the completion of the Hussain case, the success in the Hajiyeva matter and the end of the Aliyev case (which we previously reported on in our July 2020 Enforcement Update), it will remain to be seen whether in 2021 the NCA is able to use the resources that have now been freed up, as well as the learnings from these cases, to bring further UWOs before the court in appropriate cases

Outlook 2021: Expect 'Vigorous' FCA Enforcement

The FCA added: Without effective help deter and detect market abuse and to facilitate enforcement. in all cases firms must understand the recording obligations and have effective policie FCA 2021/18: Individual Accountability (Miscellaneous Amendments) Instrument 2021. This instrument was made in the last month. Publish Date: 28th May 2021 FCA 2021/18: Individual Accountability (Miscellaneous Amendments) Instrument 2021

DOJ Announces $2.2 Billion in 2020 FCA Recoveries and ..

Catching Up On COVID-19 Fraud Enforcement Bracker

In 2020, the DOJ and SEC brought FCPA enforcement actions against 12 companies and imposed financial penalties totaling a record $6.4 billion. For a comparison, in 2019, 14 companies paid a (then) record $2.9 billion to resolve FCPA cases. Goldman Sachs paid the largest FCPA penalty -- $3.3 bill. In Short. The Background: In early December, the Supreme Court denied a whistleblower's request to review the Fifth Circuit's affirmance of the district court's dismissal of a False Claims Act (FCA) case. This denial left the dismissal of a $61.8 million FCA suit untouched and solidified the Fifth Circuit's ruling, which underscores limitations for relators relying on statistical data alone. The Department of Justice obtained more than $2.2 billion in settlements and judgments from civil cases involving fraud and false claims against the government in the fiscal year ending Sept. 30, 2020, Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice's Civil Division announced today. Recoveries since 1986, when Congress substantially strengthened the civil.

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Key Focus Areas - L

This case represents a serious rap over the knuckles for the FCA's enforcement division, said Claire Cross, a lawyer at Corker Binning, who wasn't involved in the case The FCA's annual report shows that the number of open investigations rose from 410 on 1 April 2017 to 504 on 31 March 2018, with the regulator opening 302 cases and closing 208 in the 12-month period.. A total of 48 investigations into firms' culture and governance were opened in the year and only two closed, meaning that the number of open investigations rose from 15 to 61

In the First FCA Appellate Case of 2021, the Fourth

How should a court evaluate the FCA's materiality requirement when the government's ability to deny claims is constrained? According to a recent decision from the Eleventh Circuit, the court should broadly consider the government's pattern of behavior as a whole, and may find evidence of materiality in administrative actions that might not support materiality in other cases Home » Grassley may advance legislation in 2021 to tighten FCA enforcement. To read the full story, subscribe or sign in. Grassley may advance legislation in 2021 to tighten FCA enforcement. The articles in this collection are from BioWorld's ongoing coverage of the COVID-19 coronavirus outbreak The FCA provided that any person who knowingly submitted false claims to the government was liable for double the government's damages plus a penalty of $2,000 for each false claim. The FCA has been amended several times and now provides that violators are liable for treble damages plus a penalty that is linked to inflation The FCA gained powers to enforce competition law more than two years ago on 1 April 2015. However, despite gathering very considerable competition law enforcement resources in terms of staff and budget, until recently there had been almost no public signs of the FCA's enforcement activity

Anti-Kickback Statute Enforcement Year in Review and

During a recent panel discussion hosted virtually by the American Bar Association, attorneys from the Department of Justice (DOJ) and certain U.S. Attorneys' Offices known for health care fraud enforcement provided valuable insight into key areas of health care fraud enforcement, including opioid-related enforcement, kickbacks to providers involving speaker programs, and allegations. The FCA took action against 22 individuals in 2015, compared with 13 in 2014. Thursday's comments are part of proposals that set out how the FCA and PRA will change their enforcement process Shares in high-cost lender down by almost quarter after regulator's U-turn Last modified on Tue 11 May 2021 15.09 EDT Rescue plans put forward by the high-cost lender Amigo Loans were thrown. DOJ Continues Historic Level of Criminal and Civil Enforcement Against COVID-19 Fraud. On Friday, March 26, 2021, the Department of Justice (DOJ) announced an update on its efforts to combat COVID-19 related fraud. Since Congress first responded to the coronavirus pandemic by passing $2.2 trillion in relief through the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March 2020.

These cases reflect a degree of reach, coordination, and expertise that is critical for enforcement efforts against COVID-19 related fraud to have a meaningful impact and is also emblematic of the. Per the FCA's procedural requirements, 31 U.S.C. § 3730(b)(2), the relator filed his complaint under seal, giving the government a statutory period of at least 60 days to investigate the allegations and determine whether to intervene in the case Energy Licence Modification Appeals 2021. Case type: Regulatory references and appeals Case state: Open Market sector: Energy Opened: 5 March 2021 COVID-19 cancellations: package holiday The Department of Justice announced this week that Incyte Corporation, a Delaware pharmaceutical company, has agreed to pay $12.6 million to resolve allegations that it violated the False Claims Act by paying kickbacks to a charitable foundation to increase prescriptions for the drug Jakafi, which is used to treat myelofibrosis, a form of leukemia that [

BoE and PRA consultation paper on the establishment of theHello, Old Friend: Where Have You Been? French Antitrust

The FCA also said that it will consult with the ICE Benchmark Administration on using proposed new powers under the Financial Services Bill to continue publishing synthetic, non-representative versions of one-month, three-month and six-month sterling LIBOR after the end of 2021 and for one-month, three-month and six-month yen LIBOR for an additional year after the end of 2021 Join us at the ACI's 9th Annual Advanced Forum on False Claims and Qui Tam Enforcement, the only forum that the who's who of FCA litigators have designated as the event which sets the standards for this area of practice.Engage in meaningful dialogue with industry leaders for in-depth discussions and analyses of the latest guidance, initiatives, and enforcement statistics FCA Fleet Specialty Law Enforcement vehicles are designed with reliable safety features and performance engines. Explore the Law Enforcement Vehicle lineup. Skip to main content When the goal is to protect and serve, the new 2021 Dodge police vehicles answer the call During the Federal Bar Association's 2021 Qui Tam Conference, two senior government lawyers—Neeli Ben-David, the Civil Division Deputy Chief and Health Care Fraud Coordinator for the U.S. Attorney's Office for the Northern District of Georgia and Karen Glassman, Senior Counsel at the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG)—provided. Speaking at the AML & ABC Forum 2021 at the end of March, Mark Steward, Executive Director of Enforcement and Market Oversight and a member of the Executive Committee at the FCA addressed some of the investigations, legal cases and challenges facing recent money laundering activity in the UK, and called for better systems and controls that are purposeful, efficient and courageous in. Recently, however, FCA enforcement has expanded to other industries, including financial services. Through the False Claims Act Blog, lawyers in Sidley's White Collar , Healthcare , FDA , Government Contracting , Financial Services , Appellate , and other practices will provide timely updates on new and interesting developments relating to FCA enforcement and litigation

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