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One of the Department’s Crown Jewels is its Health Care Fraud Initiative which primarily focuses on Medicare and Medicaid fraud and Off-Label Promotion cases.  The False Claims Act is the principal tool used by the Justice Department.  For FY 2011, the Justice Department recovered over $3 billion in fraud cases.  Approximately $2.8 billion were the result of whistleblower complaints, an increase of $500 million over...

In an ideal world, the criminal justice system should be immune from politics.  That is wishful but unrealistic thinking.   Unfortunately, our criminal justice system has always been stretched at times to further one political agenda over another.  That is not meant to condemn the entire judicial system, just what I would call the excesses – those prosecutions which are politically motivated and which can be...

The FCPA has broad international application.  That does not mean that the United States has authority over every individual on the planet Earth.  In order to establish jurisdiction over a foreign agent of a U.S. company or non-U.S. issuer, a foreign entity must commit an act in furtherance of an FCPA violation “while in the territory of the United States.”  15 U.S.C. § 78dd-3.  The...

The fear factor for FCPA enforcement is a criminal case brought by the Justice Department and a parallel civil case brought by the SEC.   In the last few years, collateral litigation filed by shareholders has increased against companies who are alleged to have violated the FCPA.  The FCPA does not explicitly create a private right of action against companies.  That has not stopped plaintiffs’ bar...

Last week I spoke with Rob Levey from Catelas, a quality provider of organizational analysis, compliance and internal investigation software and services.  Rob has posted the interview on the Catelas Blog — here is a link to his post and the interview. Hope you find it informative. – http://wp.me/p1SP9H-3m