Gentiva, the renamed former Kindred at Home, agreed to pay $19.4 million to resolve claims that its predecessor company, Kindred at Home and related companies, violated the False Claims Act by retaining overpayments for hospice services provided to patients. Gentiva’s hospice operations, based in Atlanta, include various organizations that previously operated hospice locations under various brand names including Avalon, Kindred, SouthernCare and SouthernCare New Beacon....

Boeing’s Plea Agreement includes two Separate Factual Statements — the January 7, 2021 DPA, which is discussed in a prior blog post, and a factual outline of Boeing’s breach of the original DPA, resulting in the current Plea Agreement.  The most recent Factual Statement covers Boeing’s DPA breach for failure to implement an effective ethics and compliance program that is “designed, implemented, and enforced to...

DOJ and Boeing have entered into a proposed plea agreement that will require judicial scrutiny and determinations of the public interest and the victims’ rights under the Crime Victims’ Rights Act, 18 U.S.C. § 3771 [“CVRA”].  The prosed Plea Agreement includes several interesting features that address appointment of an independent compliance monitor, and Boeing’s consideration of the impact of Boeing’s malfeasance on the victims’ families....

The Boeing 737 MAX case took another dramatic turn.  On July 24, 2024, the Department of Justice filed with the United States District Court for the Northern District of Texas a proposed plea agreement with Boeing.  The plea agreement, which has been filed under Federal Rule Criminal Procedure 11(c)(1)(C), requires the Court to approve and accept the deal.  The Court can reject the plea deal...

NAVEX delivers quality studies and important insights on ethics and compliance topics.  In its 2024 State of Risk & Compliance, NAVEX provides a comprehensive report on current trends and practices involving risk and compliance management. The Report reflects the survey results from over 1,000 respondents global who influence or manage their organization’s risk and compliance programs. Over half of the respondents came from the United...

The U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) has released updated guidance concerning recent legislation that doubled the statute of limitations for violations of certain sanctions and export control provisions. This updated guidance provides clarity regarding time-bars for enforcement and includes additional information about OFAC’s planned extension of record-keeping requirements. On April 24, 2024, President Biden signed into law the 21st Century Peace...

DaVita is a regular target of government enforcement actions involving fraud and illegal kickbacks.  It has an extensive history of violations and settlements.  here is a list of some of the highlights:: In its most recent settlement, DaVita paid just over $34 million to resolve claims that it violated the Anti-Kickback Statute (“AKS”)  by paying kickbacks to induce referrals to DaVita Rx, a former subsidiary...

Healthcare fraud is an ever-growing constant in our economy.  It is a battle that presents new and exponential challenges.  The U.S. Department of Justice, the HHS-Office of Inspector general and State Attorneys’ General all are united in this fight with the support of federal state and local law enforcement. Companies in the healthcare sector continue to operate in this high-risk environment.  The war against healthcare...

A New Your federal district judge handed down a significant decision dismissing much of the SEC’s securities fraud enforcement action against SolarWinds arising from its claims relating to SolarWinds’ cybersecurity policies, and disclosure of a significant cyberattack against the SolarWinds’ network. In an unprecedented case, the SEC alleged that SolarWinds, which went public in 2018, mislead the public as to the effectiveness of its cybersecurity...

Halyna Senyk, a Senior Program advisor from the CEELI Institute, joins us to discuss anti-corruption progress and challenges in the Ukraine.  Halyna is responsible for managing the CEELI Institute’s anti-corruption portfolio.  Based in Prague, the CEELI Institute focuses on promoting the rule of law through professional training programs for judges, law enforcement, lawyers, prosecutors, civil society representatives and investigative journalists. While its main activities are...