The Biden Administration warned the healthcare industry that it would aggressively prosecute fraud cases.  The Justice Department is executing on that promise and doing so with great success.  Week after week, we read about False Claims Act settlement with multi-million dollar penalties.  We barely hear much about healthcare compliance innovation and strategies — the industry is clearly treading water when it comes to proactive compliance...

We live in a challenging time — yes, another profound grasp of the obvious. From my narrow perspective, there are two significant trends occurring at the same time — people are angry and more willing to express their anger and frustration in situations, while others appear to be embracing empathy, kindness and increased concern for others.  I know this sounds circular but hear me out....

Corporate culture is all the rage now, meaning it is an often used topic to signal commitment, sensitivity to issues of employee concern, and an awareness of governance trends.  In practice, as we all know, culture is not just about words — it is about action.  As the often repeated phrase goes — talk is cheap.  On the issue of culture, talk is not only...

The proper balance in corporate prosecutions remains a tricky issue.  On the one hand, many argue that large fines and penalties against corporations are needed to deter criminal conduct, while others contend that shareholders bear the brunt of such penalties while corporate actors escape punishment.  In the most cynical sense, some argue that corporate fines are simply the cost of doing business. The pendulum swings...

The Justice Department announced the indictment in New York of Cary Yan, a Chinese entrepreneur, and Gina Zhou, his assistant, on FCPA and money laundering charges relating to a scheme to secure control of an atoll owned by the Republic of the Marshall Islands (RMI).  Yan and Zhou paid bribes to elected officials in the RMI in exchange for passing specific legislation.  Yan and Zhou...

The SEC has a long list of priorities and a full agenda.  One issue on its list was to address changes needed to the SEC’s whistleblower program. The SEC’s whistleblower program has been a success.  It was adopted as part of the Dodd-Frank Act in 2010.  Since then, it has resulted in significant enforcement actions and large payouts to whistleblowers.  Like any other program, the...

You know companies face a new and aggressive enforcement regime when shorthand terms, such as “greenwashing,” are adopted prior to the implementation of comprehensive regulations governing disclosure of climate change issues and cyber-incidents. When these new regulations are adopted, companies will have to develop robust procedures for identifying potential violations of internal reporting and disclosure controls.  This will be a difficult process.  Along with the...

The Securities and Exchange Commission is quickly raising the stakes for global companies.  Along with these new regulatory requirements, the risk of enforcement multiply, especially when it comes to corporate disclosure requirements.  The risks in these areas will become complex and require a comprehensive system for identifying and escalating issues for consistent review and disclosure decisions.  Climate Change Disclosures Let’s start with the new climate...