Host Jonathan Porter is joined by Troy Clark, Director and Corporate Counsel with Wellstar Health System, to discuss the peculiarities and difficulties of tackling parallel proceedings, that is, investigations and/or enforcement actions that have both a False Claims Act and criminal component. Jonathan and Troy recount a prosecution they handled in parallel while serving together at the Department of Justice involving government procurement fraud and the bribery of public officials, among other charges. From there, they explore the See more +

Host Jonathan Porter is joined by Troy Clark, Director and Corporate Counsel with Wellstar Health System, to discuss the peculiarities and difficulties of tackling parallel proceedings, that is, investigations and/or enforcement actions that have both a False Claims Act and criminal component. Jonathan and Troy recount a prosecution they handled in parallel while serving together at the Department of Justice involving government procurement fraud and the bribery of public officials, among other charges. From there, they explore the nuance and complexities of how dual-track investigations proceed and the importance for in-house and defense counsel to establish the scope of investigations early on and to know how to ask the right questions of the right people at the right time.

Jonathan and Troy also discuss a possible third track for these actions, the administrative level, that can have enterprise-altering implications for government contractors, particularly if government authorities pursue disbarment, which would forbid a company from contracting with the government in the future.

Finally, Jonathan and Troy cover some due process considerations that often bear upon parallel proceedings, including the use of “stalking horse” tactics by prosecutors. They discuss case law and statutory law protections in place that can help defendants manage risk and liability in parallel civil and criminal cases. See less -