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...

The financial industry has embraced the future of blockchain technology.  And for good reason.  As a regulated industry that is required to provide regulators with large amounts of financial data, blockchain can make that process pain-free. Financial institutions have to collect, organize and deliver large amounts of risk data to federal regulators.  Much of the information has been stored in “older” information technology systems and/or...

I am not one to engage in hyperbole.  But when it comes to blockchain technology and the implications for our economy, this is going to be the real deal.  In the world of ethics and compliance, blockchain has many possible applications that could easily transform compliance capabilities. To show my age, let’s go back into time and remember when we all were buying personal computers...

There are two types of deterrence – specific and general.  Specific deterrence focuses on the risk of recidivism by the individual defendant.  General deterrence is focused on preventing others from engaging in similar misconduct. Deterrence depends on three basic factors: certainty; severity and swiftness of punishment.  The certainty of punishment is a significant factor for obvious reasons – if there is a little chance that...