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BioReference Laboratories and Parent Company Agree to Pay $9.85 Million to Resolve False Claims Act Violations for Illegal Payments to Referring Physicians

When it comes to the healthcare sector, the Justice Department and the HHS-Office of Inspector General have no shortage of investigations and targets for prosecution.  The more resources made available to DOJ and HHS-OIG, the more money made for the federal government from medical care fraud.  It is a very simple equation.  It is like shooting fish in a barrel. BioReference and OPKO Health, Inc....

Where Does Your Compliance Program and CCO Fall Under DOJ’s Independence, Authority and Resources Test? (Part IV of IV)

As we enjoy the remainder of the summer and get ready to launch into a new fall season (no, not football) but a time for renewal and recommitment, this may be a good opportunity to examine and analyze your own compliance program.  DOJ’s framework provides a valuable set of questions and issues needed to conduct this analysis.  It is important to note the critical ability...

The Effective CCO: Independence, Authority and Resources (Part III of IV)

As Supreme Court Justice Potter Stewart eloquently opined in Jacobellis v. Ohio (1964), on the legal definition of obscenity, “I know it when I see it.”  This same test applies to other issues as well — when it comes to an effective ethics and compliance program, and an effective CCO, “[We] know it when [we] see it.”  Or conversely (and perhaps confusingly), “[We] know it...

The Importance of Ethics and Compliance to the Overall Corporate Mission (Part II of IV)

There are lots of sources for compliance guidance — prosecutors, regulators, compliance organizations, and many others have set forth important and valuable guidance for the design and implementation of an effective ethics and compliance program.  All of this guidance is helpful and has advanced the cause of corporate compliance.  After all, for decades now, the importance of corporate ethics and compliance has steadily grown.  It...

The Chief Compliance Officer: The Blueprint for Success in the Future (Part I of IV)

OK, I admit it.  I have been — and continue to be– hyper-focused on the proper role and responsibilities for Chief Compliance Officers.  Not that I see any cause for alarm, but it is easy to lose focus in the sea of so-called hot issues — ESG, Diversity, Climate Change, Threats to Democracy, Cybersecurity and Data Privacy, each of which is an important component and...

What Happens When the CCO is Buried in the Organization?

Let me paint a picture for you.  It is not pretty.  Unfortunately, this picture occurs all too often in the corporate governance landscape.  The first picture captures the presence of chief compliance officer in a stand-alone office in a mid-size public company.  The company is not subject to any robust regulatory regime.  The CCO has a staff of one or two people, coordinates some compliance...

Compliance Titles and Responsibilities

Let me start with yet another profound grasp of the obvious — leadership requires many important interpersonal and intellectual capabilities.  I do not intend to list the important ones right now but leadership requires an understanding of influence and the use of symbolic actions that may resonate through an organization and its constituents. Effective leaders understand know that symbolic acts drive organizational behaviors.  Symbolic actions...

The Importance of Line-of-Sight to Ethics and Compliance

It is hard to follow all the news, events and political trends across the globe.  To the regular observer, the ability to identify, measure and respond to evolving risks has become more chaotic and near impossible.  Risks are multiplying exponentially — it can be overwhelming. In the end, however, ethics and compliance professionals (“E&C officers,” Chief Compliance Officers (“CCOs”),” and “compliance professionals”) have several strengths...

The Supreme Court Restricts Access to Discovery in Foreign Arbitration Proceedings

The Volkov Law Group is pleased to publish this blog article co-authored by two of our summer interns, Benjamin Clachko, a rising sophomore at the University of Vermont, and Ali Kaplan, a rising sophomore at Lehigh University. Benji and Ali have been learning about civil litigation generally, and discovery in particular. This recent Supreme Court opinion caught their attention. We think it may be of...

United States Pushes More Sanctions Against Russia and Prohibits Russian Gold Imports

The Department of Treasury issued additional sanctions against Russia, targeting almost 100 entities and individuals, and prohibited import of Russian gold.  The United States’ latest action reflected commitments recently reached among the G-7 alliance to prohibit gold imports and target Russia’s industrial base, military and intelligence units, and sanctions evaders.  To follow up on these commitments. FinCEN and the U.S. Department of Commerce announced their...