Read Criminal Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Is Edward Snowden a Whistleblower?
Expect More Second Amendment Fights
Are Political Intelligence Practice Groups Too Risky?
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
Weekly Brief: $350K in Wine Leads to $14M Lawsuit
Weekly Brief: New Round of Layoffs Hit Law Firms
SEC News - Five Year Enforcement Limitation, FCPA Charges for Foreign Nationals, More...
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
How to Protect Your Company From Hackers
Marijuana in the Workplace
Weekly Brief: Rakoff Orders Gupta To Pay Goldman Sachs' Legal Fees
Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims
Stealth Lawyer: Dawn Porter, Filmmaker, 'Gideon's Army'
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Weekly Brief: New DOJ Tact Pushes Bank Subsidiaries To Admit Guilt
What Not To Do If You Are Involved in a Federal Criminal Investigation
Weekly Brief: Courthouse Violence on the Rise
How Does Immunity Work in a Federal Criminal Case?
What Happens in a Federal Grand Jury?
Ex-Boy Scout Trial Exposes Group’s “Pervert” Cover Up
Last summer, a federal judge in Houston ruled that the Wartime Suspension of Limitations Act (WSLA), found in Title 18, § 3287 of the U.S. Criminal Code, applied to a civil False Claims Act (FCA) case and suspended the...more
CMS wants to change the way that it rewards non-qui tam whistleblowers who report alleged fraudulent or unlawful conduct related to Medicare or Medicaid. Using an IRS program as a model, CMS recently proposed rule changes to...more
A bribe is a bribe. It is not as easy as it sounds. Not all payments of money or transfers of value are bribes. The FCPA tells us that. It is even more complicated when trying to navigate Anti-Kickback and Stark law...more
On April 16, 2013, the United States Department of Justice (DOJ) and U.S. Attorney’s Office in the Northern District of Illinois announced the arrest in Chicago of the owner and senior executive of Sacred Heart Hospital...more
In This Issue:
- Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status
- Doing Time: A Requirement for White Collar Crime?
- Casting a Smaller Net:...more
During the past several years, prosecutors have increasingly used Deferred Prosecution Agreements (DPAs) against corporations in enforcing white collar criminal statutes. DPAs have enabled companies to avoid the costs and...more
Last year was another busy year in health care fraud enforcement. In 2012, the Office of Inspector General for the Department of Health and Human Services (HHS-OIG) reported total expected recoveries of $6.9 billion from all...more
A 2007 audit initiated by a Medicare Program Safeguard Contractor (PSC) discovered that a North Carolina provider had a high incidence of inpatient billings for patients who did not stay in the hospital overnight. The PSC's...more
Dr. Harkonen was the CEO of InterMune, Inc, a pharmaceutical company that developed, marketed and sold drugs for lung and liver diseases, including Actimmune. In 2002, the FDA had approved Actimmune to treat only two...more
The HHS Office of Inspector General has targeted hospitals for fraud enforcement. It is one of the OIG’s most important initiatives because of the impact it could have on reducing health care costs....more
To paraphrase a famous quote, "Those who do not learn from history are doomed to repeat it," and providers who ignore the significance of the federal government's healthcare fraud enforcements efforts in 2012 do so at their...more
A Federal district court judge issued a February 8, 2013 order granting a delayed prosecution against Raleigh, NC-based WakeMed Health and Hospitals for allegedly submitting false inpatient bills to Medicare. The...more
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
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
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
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
After a fourteen-day bench trial, a Mississippi federal court in United States ex rel. Jamison v. McKesson Corp., et al., Civ. A. No. 2:08-cv-214-SA-JMV (N.D. Miss. Sept. 28, 2012), rendered a complete verdict for the...more
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
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
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
While the United States continues to push health care providers to adopt electronic health records management programs, it also worries that these programs may be used to game the Medicare and Medicaid reimbursement systems...more
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
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
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
This second part in our ongoing series reviewing health care fraud enforcement activities in 2011,i/ and monitoring enforcement in 2012, expands upon our prior discussion in part one (Part One Report) of the federal False...more
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