The Justice Department’s FCPA Corporate Enforcement Policy was announced in November 2017 with much fanfare – it was the culmination of a step-by-step process beginning with the FCPA Pilot Program. The FCPA Corporate Enforcement Policy enshrined the potential benefit of a presumption of a declination if a corporation: (1) voluntarily disclosed the misconduct; (2) implemented timely and appropriate remediation; and (3) fully cooperated with the...
The federal government continues to push aggressive False Claims Act enforcement cases against healthcare companies, including hospitals, skilled nursing facilities, hospices and other healthcare providers. The Justice Department has employed the False Claims Act to target companies in the opioid industry as a response to the opioid crisis in our country. Healthcare companies have to implement effective ethics and compliance controls to protect against fraud...
Tom Fox, Matt Kelly, Jonathan Armstrong, Jay Rosen and myself recently recorded a new episode of Everything Compliance — Five-Year Retrospective Edition. You can listen to it here. Everything Compliance is the only roundtable podcast in compliance, with four of the top compliance practitioners around. This week the gang returns to its four focused topics on its Five-Year Retrospective Edition. Matt Kelly considers how did...
The scope of our country’s opioid epidemic is devastating. From 1999 to 2017, more than 700,000 people have died from a drug overdose. Two-thirds of these deaths involved an opioid. On average, 195 Americans dies every day from an opioid overdose. These numbers are tragic and mind-boggling. In response, federal enforcement efforts have primarily focused on criminal prosecutions, but there have also been significant civil...
Webinar: FCPA Risks and Mergers and Acquisitions September 5, 2018, 12 Noon EST Sign Up HERE Companies confront significant anti-corruption risks when acquiring other businesses. Successor companies have to conduct pre-closing due diligence and manage anti-corruption risks in the integration process. The Justice Department and the SEC have aggressively enforced the FCPA and are now encouraging companies to voluntarily disclose FCPA misconduct and cooperate. Join...
Despite the controversial impact of the Supreme Court’s Escobar decision, the Justice Department’s False Claims Act prosecutions and settlements are continuing at a consistent rate – heading towards another multi-billion dollar year of FCA recoveries. Some examples of these prosecutions and settlements will demonstrate my overall point – FCA risks are significant and healthcare providers, especially hospitals, have to devote time and attention to oversight...
The Justice Department has continued to pursue healthcare fraud and bribery criminal prosecutions. Healthcare fraud remains a high priority for criminal enforcement. With the pervasive problem of fraud and bribery, the healthcare industry continues to suffer from corrupt officials and physicians. Government regulation of the healthcare industry provides many opportunities and incentives for industry participants to cheat the system. In a recent case, the Justice...
This week I am running a series of posts on healthcare fraud enforcement and the False Claims Act. With all the controversy swirling around the Mueller investigation and prosecutions, the Justice Department continues its aggressive pursuit of healthcare fraud. The Justice Department’s machinery and resources are producing a steady stream of False Claims Act cases and settlements. Just like other enforcement areas, companies in the...
Dr. Pat Harned is the CEO of the Ethics and Compliance Initiative (ECI). The mission of the ECI is to empower organizations to build and sustain high quality ethics & compliance programs. Dr. Harned is a leading compliance advocate and strategist. The ECI has been at the forefront of developing compliance standards and best practices. In this episode, Michael Volkov interviews Dr. Harned about the ECI’s...
The attorney-client privilege is an invaluable tool that is used to encourage frank and open communications between a client and an attorney. Clients rely on the privilege when communicating with attorneys. It is important to remember that the attorney-client privilege applies only to communications between a client and an attorney for the purpose of seeking legal advice. A company’s reliance on the attorney-client privilege provides...
