Author: Michael Volkov

The Next Step in FCPA Enforcement – Wiretaps in the Boardroom

The Next Step in FCPA Enforcement – Wiretaps in the Boardroom

The headlines these days focus on the SEC whistleblower rules and the implications for corporations.  While the whistleblower rules are important and justify vigilant compliance efforts, there is a more significant, and possibly damaging, trend for FCPA enforcement. Corporations now have to consider the risk that the government will conduct wiretaps of target telephones.  In the Shot Show sting, the government demonstrated it was willing...

The Next Step in FCPA Enforcement – Wiretaps in the Boardroom

The Next Step in FCPA Enforcement – Wiretaps in the Boardroom

The headlines these days focus on the SEC whistleblower rules and the implications for corporations.  While the whistleblower rules are important and justify vigilant compliance efforts, there is a more significant, and possibly damaging, trend for FCPA enforcement. Corporations now have to consider the risk that the government will conduct wiretaps of target telephones.  In the Shot Show sting, the government demonstrated it was willing...

The Next Step in FCPA Enforcement – Wiretaps in the Boardroom

The Next Step in FCPA Enforcement – Wiretaps in the Boardroom

The headlines these days focus on the SEC whistleblower rules and the implications for corporations.  While the whistleblower rules are important and justify vigilant compliance efforts, there is a more significant, and possibly damaging, trend for FCPA enforcement. Corporations now have to consider the risk that the government will conduct wiretaps of target telephones.  In the Shot Show sting, the government demonstrated it was willing...

The Real Impact of the SEC’s New Whistleblower Program

The Real Impact of the SEC’s New Whistleblower Program

When you consider that over 90 percent of the Justice Department’s prosecutions of corporations originate from voluntary disclosures, as opposed to proactive investigative steps, you know there is something wrong with this picture. For the foreseeable future, the Justice Department is happy just to sit and take confessions from companies who believe that voluntary disclosure is the best course to follow. The equation is about...

Health Care Reform and Competition

Health Care Reform and Competition

In the year since the Patient Protection and Affordable Care Act (PPACA) has been enacted, the industry has been wrestling with new mandates, incentives and compliance issues. Of course, there is a lot at stake – Medicare reimbursements in the billions of dollars. In many areas, health care organizations have to determine how they can collaborate with other institutions to reduce costs and gain efficiencies...

Health Care Reform and Competition

Health Care Reform and Competition

In the year since the Patient Protection and Affordable Care Act (PPACA) has been enacted, the industry has been wrestling with new mandates, incentives and compliance issues. Of course, there is a lot at stake – Medicare reimbursements in the billions of dollars. In many areas, health care organizations have to determine how they can collaborate with other institutions to reduce costs and gain efficiencies...

Giving With One Hand and Taking Away with the Other: The Government and Health Care Reform

Giving With One Hand and Taking Away with the Other: The Government and Health Care Reform

The government’s health care reform effort is replete with inconsistencies — on the one hand, the government has given industry some real and meaningful benefits, and on the other, the government has imposed additional burdens on the healthcare industry. Let me give just one example.  The government amended the False Claims Act (FCA) to extend liability to identified overpayments which must be reported and repaid...

Giving With One Hand and Taking Away with the Other: The Government and Health Care Reform

Giving With One Hand and Taking Away with the Other: The Government and Health Care Reform

The government’s health care reform effort is replete with inconsistencies — on the one hand, the government has given industry some real and meaningful benefits, and on the other, the government has imposed additional burdens on the healthcare industry. Let me give just one example.  The government amended the False Claims Act (FCA) to extend liability to identified overpayments which must be reported and repaid...

Three Simple Steps to Keep Clean and Avoid False Claim Act Liability

Three Simple Steps to Keep Clean and Avoid False Claim Act Liability

With all of the dangers surrounding healthcare companies, it is worthwhile to develop a targeted compliance plan focused on your significant risks. It is critical to avoid False Claim Act liability. The government’s HEAT strike force effort has been successful in ferreting out fraud and extracting large recoveries for false claims. But the strike force is using sophisticated data mining and data analysis to identify...

Health Care Fraud and the False Claims Act

Health Care Fraud and the False Claims Act

The government’s primary weapon to combat health care fraud is the False Claims Act. With recent amendments to the FCA, the government’s weapon has become even more powerful. The FCA is used for a range of schemes, including billing for services not rendered or goods not supplied, “upcoded” services, medically unnecessary services, kickbacks, false cost reports, and illegal sales and marketing schemes. The potential recoveries...