The Department of Justice has encouraged companies to voluntarily disclose potential FCPA violations and cooperate in the investigation, of FCPA violations. Many companies have responded positively to the Justice Department’s urgings and have been rewarded for their cooperation. I have suggested that DOJ should adopt and publicize guidelines for how cooperation will be measured and specific discounts to be earned for levels of cooperation....
DOJ and the SEC have quietly (or maybe not so quietly) set an enforcement tone in the aviation industry. When you look over the last few years, we have several enforcement actions either pending or resolved involving the aviation industry. The focus on the aviation industry is not limited to the United States. The Serious Fraud Office and German prosecutors have launched investigations of Airbus....
You have to give credit to the SEC and its enforcement approach. They have learned many lessons along the way, especially when it comes to prosecuting individuals. The SEC appears to have regained some focus in its enforcement approach. If this is a sign of things to come, 2015 is going to be a very interesting year. In its first enforcement action of the year,...
For years, we have all heard about the coming wave of FCPA enforcement against financial institutions, investment banks, private equity firms and others who interact with sovereign wealth funds overseas. Just to remind everyone, back in 2010-2011, the SEC launched an industry investigation by issuing document requests to major banks, and investment bankers seeking information on their compliance programs and interactions with foreign officials, focusing...
To succeed in life, you need two things: ignorance and confidence – Mark Twain I have a problem with writers, columnists, consultants, bloggers and anyone else who puts a pen to paper (as we used to say) on ethics and compliance issues. All of us have a responsibility to the profession that we believe in and promote. Call it what you will but there is...
When you think your life is tough in the FCPA compliance arena, just remember you could be head of compliance for a pharmaceutical company or hospital responsible for domestic anti-kickback and Stark law compliance. The frequency of risky interactions between companies and physicians is mind-boggling and riddled with pitfalls. The breadth of the AKS and Stark law prohibitions has been cut by regulatory safe harbors...
The Affordable Care Act was enacted in 2010 – can anyone remember back that far? The ACA required Medicare and Medicaid providers to have an ethics and compliance program. Congress deferred on the question of timing and implementation of this requirement to HHS. Unfortunately, HHS has not moved too quickly on this issue. HHS has issued ethics and compliance guidance for skilled nursing facilities, Medicare...
I am happy to announce that I will be hosting this year’s Anti-Corruption in Oil and Gas Conference conducted by Inside Intelligence on March 23 and 24, 2015, in Houston, Texas. The conference will he held at the Houstonian Hotel, Club and Spa. Last year’s conference was a great success, and I am looking forward to this year’s conference. TheAnti-Corruption in Oil and Gas Conference features...
From a corporate risk perspective, if your company is in the financial industry, healthcare, or defense industry, your greatest legal and compliance risk has to be the False Claims Act. I know that is heresy to all the legal “marketing/fear” publications focused on the FCPA, but for many companies, the FCA is a greater risk. Add to the FCA mix a well-established whistleblower scheme –...
This week I am focusing on the persistent problem of healthcare fraud. For healthcare providers, the challenge of compliance and avoiding enforcement risks is particularly difficult. The Justice Department and Health and Human Services had another record year in their battle against healthcare fraud. DOJ recovered over $2.3 billion in False Claims Act cases involving the healthcare industry. Since 2009, DOJ has exceeded $2...
