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OIG Releases New Proposals on Anti-kickback Statute Safe Harbors, Exceptions to the CMP Law and the Gainsharing Prohibition

On October 3, 2014, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) published a long-awaited proposed rule for implementing amendments to safe harbors under the Anti-kickback Statute and...more

Government Contracting, The False Claims Act and the Art of Voluntary Disclosures

With so many personal gadgets needing daily recharging, desktop hard drives running 24 hours a day, and DVRs recording movies that run while we’re asleep, do you wonder where all that electricity is coming from? The next big...more

Fraud: Skilled Nursing Facilities And Nursing Homes

When it comes to healthcare fraud enforcement, the government knows how to target its resources. It is estimated that at least 25 percent of all claims paid by Medicare are improper. The government understands the...more

Plugging The Leak: Tackling The Problem Of Healthcare Fraud

The Justice Department and the Department of Health and Human Services have made healthcare fraud a number one priority – it is another example of the synergy of politics and enforcement. Congress spends more money on...more

DOJ Touts Active Enforcement of the False Claims Act in FY 2012

In a briefing earlier this week, Acting Associate Attorney General Tony West proudly reported that in FY 2012 the Department of Justice (DOJ) set a new single year record of nearly $5 billion in settlements and judgments...more

An Ounce of Prevention Is Worth a Pound of Cure Why You Need an Effective Compliance Program

For centuries, health care providers have enlightened patients with the well-known adage: “an ounce of prevention is worth a pound of cure.” A recent set of cases involving a durable medical equipment company and its...more

Is Your DBE Performing a Commercially Useful Function? Enforcement Trends in DBE Fraud Cases

Companies that have been awarded government contracts through a disadvantaged business enterprise (DBE) program or similar program face increasing scrutiny as criminal prosecutions continue to mount and civil penalties...more

DOJ Should Not Withhold Information From Defense in High-Profile Leak Case

Lawyers for Stephen Jin-Woo Kim, a former federal contractor employee accused of unlawfully disclosing sensitive information, recently filed a motion in the U.S. District Court for the District of Columbia criticizing the...more

Who is Committing Healthcare Fraud?

The financial recoveries for healthcare fraud are staggering. The Justice Department and Health and Human Services (Office of Inspector General (“OIG”) and Centers for Medicare and Medicaid Services (“CMS”)) regularly...more

Targeting Hospitals for Civil and Criminal Prosecutions

Hospital administrators should be nervous. The Justice Department and HHS are out to pressure service providers, including hospitals and doctors, to reduce costs. In Washington, hospitals and doctors are perceived to be a...more

Mexico Enacts Anti-Corruption Law for Federal Government Contracting

New law imposes heavy sanctions on individuals and companies offering money and gifts to obtain an advantage in the procurement of public contracts. Mexico has joined a growing number of Latin American countries that...more

Healthcare Prosecutions for Failures to Return Overpayments

Sometimes the deck is stacked against you. No matter what you do and how hard you try, you will lose. In the healthcare area, hospitals, doctors and other service providers have to feel the frustration when it comes...more

Government Contractor Indictments Provide Reminder of Importance of Strong Workplace Policies, Training and Enforcement

A series of indictments, the most recent in August, remind government contractors of the increased scrutiny on the industry and the very real risk of employee fraud and abuse. Government contractors are encouraged to heed the...more

Introduction of the Private-Public Partnership and the Future of Fraud Claims

On July 26, 2012, the U.S. Department of Health and Human Services (HHS) and the U.S. Attorney General’s Office announced that the federal government is creating a partnership with private payers and other state and private...more

The Six Most Significant Recent Amendments to the False Claims Act

If you do business with the government (e.g. defense industry or health care), your greatest risk is the False Claims Act. The United States government is the world’s largest purchaser of goods and services. The...more

In-House Counsel: A Juggling Act (Part I of II)

Let’s try and look at the world from the viewpoint of in-house counsel. In a two-part series, I try and focus on the current state of in-house counsel. Part I focuses on the overall view from a macro-standpoint. Part II...more

Imagine a “Mandatory” Disclosure Requirement: It’s Easy if You Try

The Justice Department urges companies to voluntarily disclose FCPA violations. In exchange for a confession, DOJ offers companies two important benefits: (1) absolution for any criminal activity; and (2) a reduced criminal...more

Nueva Ley Federal Anticurrupción en Contrataciones Públicas

La nueva Ley Federal Anticorrupción en Contrataciones Públicas (la "Ley Anticorrupción"), entró en vigor el día 12 de junio de 2012. La presente Ley tiene por objeto establecer las responsabilidades y sanciones a las personas...more

Mexico's New Federal Anti-Corruption in Public Contracts Law

Mexico's new federal Anti-Corruption in Public Contracts Law (the "Anti-Corruption Law") became effective on June 12, 2012. The Law establishes liabilities and penalties on foreign and Mexican individuals and corporations who...more

Case Study: US V. Milovanovic

Originally published in Law360, New York on June 13, 2012. Government contractors know to train their employees, agents and subcontractors to comply with the myriad laws and regulations governing their business...more

The “Greatest” Risk of All – The False Claims Act

Companies complain about the burdens of anti-corruption compliance. They need to put things in perspective. The “greatest” risk of them all may be the False Claims Act (FCA). FCA violations can lead to severe...more

The Federal Government Takes Aim at Medicare Fraud

On May 2, 2012, Federal agents with the Department of Justice's (“DOJ”) special task force made the biggest Medicare bust in U.S. history, and a splash in the media, when it cracked down on a number of unrelated Medicare...more

Outsourcing Company to Pay Record $500 Million Settlement in CityTime Investigation

Science Applications International Corp (SAIC) has agreed to pay more than $500 million in fines and penalties to settle federal charges alleging that the outsourcing company overcharged the city of New York for work and...more

September 8, 2011 - The OFAC SDN Sanctions Legal News

The OFAC SDN Sanctions Legal News discusses current OFAC SDN issues written by a OFAC SDN Removal Lawyer....more

September 7, 2011 - The OFAC SDN Sanctions Legal News

The OFAC SDN Sanctions Legal News discusses current OFAC SDN issues written by a OFAC SDN Removal Lawyer....more

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