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Lessons for Skilled Nursing and Assisted Living Facilities From the ‘Largest Health Care Fraud Case’

Phillip Esformes, the alleged mastermind of one of “the largest single criminal health care fraud cases ever brought against individuals by the Department of Justice,”has finally reached a plea deal with the Department of...more

SDNY Ramps Up Pressure on Companies to Voluntarily Disclose Wrongdoing

On February 13, the U.S. Attorney’s Office (USAO) for the Southern District of New York (SDNY) announced a pilot program through which whistleblowers who voluntarily self-disclose criminal conduct relating to public or...more

Recent Fraud Settlements: DOJ Values Voluntary Self-Disclosure and Corporate Cooperation

The Department of Justice’s (DOJ) conduct since announcing its February 22, 2023, Voluntary Self Disclosure (VSD) policy, demonstrates that the government continues to place a premium on corporate cooperation in both criminal...more

DOJ Fills in the Blank Spaces and Joins Several State AGs in Lawsuit Against the NCAA

On January 18, the Department of Justice (DOJ) joined the multistate attorneys general (AG) lawsuit Ohio, et al. v. NCAA, challenging the National Collegiate Athletic Association’s (NCAA) Transfer Eligibility Rule. DOJ joins...more

DOJ's New Voluntary Self-Disclosure Policy Raises More Questions Than It Answers

On February 22, 2023, the Department of Justice (DOJ) issued a press release highlighting the new Voluntary Self-Disclosure (VSD) Policy for U.S. Attorney’s Offices (USAOs). The DOJ developed this policy, which is applicable...more

Nursing Homes Are Taking Heat in 2023: Here's How to Avoid Getting Burned

Nursing homes have come under fire recently for allegations of poor quality of service and patient safety concerns. So, it should come as no surprise that the Department of Health and Human Services (HHS) and state attorneys...more

Recent Cases Demonstrate DOJ Strategy of Deferred Prosecution Agreements Alongside False Claims Act Suits

Two recent cases suggest that the Department of Justice (DOJ) may be more open to deferred prosecution agreements (DPAs) as a vehicle to resolve False Claims Act (FCA) suits. Just recently on January 4, the U.S. Attorney’s...more

DOJ Aggressively Pursues COVID-19-Related Fraud

Introduction - The U.S. Department of Justice (DOJ) has committed to aggressively investigate and prosecute COVID-19-related fraud schemes, particularly those involving government funding programs created or broadened...more

New DOJ Guidance Tightens Corporate Enforcement Strategy [Audio]

Join Troutman Pepper White Collar and Government Investigation Partners Callan Stein, Miranda Hooker, and Allison DeLaurentis for a podcast discussion on the DOJ’s updated guidelines regarding corporate criminal enforcement....more

Lessons From the DOJ: How Recent Guidance and Cases Can Help You Avoid Government Interference With Your Business

The initiation of a government investigation is often a stressful and anxiety-producing event for a health care company. The Department of Justice (DOJ) is known for its aggressive investigation and prosecution of health care...more

Protecting Your Company From Increased Scrutiny After Release of ARCOS Opioid Data

In July, The Washington Post published data showing approximately 76 billion oxycodone and hydrocodone pills were purchased and sold in the Unites States from 2006 to 2012. The data came from the Automation of Reports and...more

New DOJ Guidance Instructs Corporations on Hallmarks of an Effective Compliance Program

On April 30, the Criminal Division of the Department of Justice released an update to the Fraud Section’s February 2017 guidance document titled “Evaluation of Corporate Compliance Programs.” ...more

DOJ Files Unprecedented Criminal Charges Against Opioid Distributor and Two Executives

On April 23, federal prosecutors announced the first-ever felony charges against a drug distributor — Rochester Drug Co-Operative, Inc. (RDC) — and two of its executives for illegally distributing opioid painkillers....more

When Research Misconduct Violates the False Claims Act: Lessons from Duke's $112.5M Settlement

On March 25, the U.S. Department of Justice (DOJ) announced that Duke University agreed to settle a False Claims Act qui tam action alleging widespread misconduct in federally funded research. ...more

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