A defendant's mens rea, or intent, is almost always a contested element in a criminal prosecution, particularly in criminal healthcare fraud cases that frequently arise out of complex legal and regulatory regimes....more
The healthcare industry is one of the most heavily regulated industries in the United States. Healthcare companies and practitioners devote significant resources to complying with the complex and often changing legal and...more
In back-to-back speeches to the American Bar Association's National Institute on White Collar Crime on March 2-3, 2023, U.S. Department of Justice (DOJ) Deputy Attorney General Lisa O. Monaco and Assistant Attorney General...more
3/8/2023
/ Clawbacks ,
Compliance ,
Compliance Manuals ,
Compliance Monitoring ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Executive Compensation ,
Instant Messaging Apps ,
Mobile Devices ,
Monaco Memo ,
National Security ,
Pilot Programs ,
Self-Reporting ,
Voluntary Disclosure ,
White Collar Crimes
The U.S. Department of Justice (DOJ), through Assistant Attorney General Kenneth A. Polite Jr., announced on Jan. 17, 2023, "the first significant changes" to its Corporate Enforcement Policy (CEP) since 2017. The revisions...more
1/23/2023
/ Compliance ,
Cooperation ,
Corporate Misconduct ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Declination ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Sentencing Guidelines ,
Policy Updates ,
Remediation ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
In remarks to the American Bar Association (ABA) Institute on White Collar Crime on March 3, 2022, Attorney General Merrick Garland underscored the U.S. Department of Justice's (DOJ) renewed emphasis on corporate...more
3/7/2022
/ Compliance ,
Corporate Counsel ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Individual Accountability ,
Merrick Garland ,
Personal Liability ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
New Deputy Attorney General Lisa Monaco on October 28, 2021, previewed the U.S. Department of Justice's (DOJ) enhanced stance on corporate crime. Monaco announced the formation of a Corporate Crime Advisory Group, which will...more