Tuesday, January 25, 2022

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“Person” of the Year: Environmental, Social, and Governance

Michael Volkov selects Environmental, Social, and Governance Programs as his “Person” of the Year for 2021, with Supply Chain Management and Risks as the runner-up. Volkov notes that the ethics and compliance functions of an organization have many shared goals with ESG programs, and both benefit from similar skill sets, but argues that they should […]
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2022 Federal Compliance Enforcement Outlook

There is almost universal agreement regarding predictions for 2022 federal enforcement in the following areas: The use of fraudulently obtained COVID relief funds in both healthcare and in general, but specifically as a foundation for False Claims Act enforcement. Furthermore, the reinstatement of the Yates memo of 2015 by the Deputy Attorney General Lisa Monaco’s […]
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Doctor Pays $228,000 After Allegedly Billing for Drug Tests He Could Not Perform

General-practice physician Vuthy Leng, owner of Family Medicine Clinic of Federal Way, Washington, has agreed to pay $228,000 to resolve allegations that he billed government health programs for useless urine drug tests. The clinic collected urine samples for use in prescribing medications and treatment, such as for substance abuse. However, from January to July 2019, […]
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Effective and Efficient Pre-Transaction FCPA Diligence: How to Leverage Compliance and ESG to Avoid...

Lowenstein Sandler attorneys provide an overview of the FCPA and the implications for corporate liability in the parent-subsidiary and mergers and acquisition contexts. They...

If the Biden Administration Were Really Serious About Confronting Corporate Corruption, This is What...

The Biden Administration could get 100% of all issuers to institute robust compliance programs, and uncover most corporate crime, if, as a condition of all Deferred Prosecution Agreements: That within 120 days of the signing of the agreement, all members of the Board of Directors agree to permanently resign and elections for a new board […]
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ESG Reporting Predictions for 2022

Mike Munro and Guido Van Drunen of GCMR predict that in 2022 ESG reporting will change from a voluntary, ad hoc undertaking into a regulated requirement, at least for certain companies. They expect that, following hotly debated proposals last year human capital managements, board diversity, and cybersecurity risk, the SEC will at least require disclosures […]
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OFAC Enforcement Update: Settlements Show Value of Internal Controls, Disclosure

On December 23, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and TD Bank, N.A. (TD) reached a settlement to resolve TD’s violations of the North Korea Sanctions Regulations and the Foreign Narcotics Kingpin Sanctions Regulations.  On January 12, OFAC and Sojitz Hong Kong (Sojitz HK) reached a settlement agreement […]
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Transformation of Your Compliance Program

Tom Fox observes that compliance programs routinely fail to design solutions that focus on the employee’s needs. He argues that a compliance function should begin with a solutions mindset, and that compliance programs should generate the positive outcomes that employees need to succeed. The authors of a Harvard Business Review article titled “The ‘New You’ […]
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No Way Home: Recent Medicaid Fraud Settlements with Home Healthcare Companies

Two home healthcare companies in two different states recently settled with both the Department of Justice and those states for submitting false claims to state Medicaid programs. Academy Health Care Services of Dayton, Ohio settled with the Department of Justice for $500,000, and Home Care VNA of Chicopee, Massachusetts settled with the Commonwealth of Massachusetts […]
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Sixth Circuit Rules That Statute of Limitations for FCA Retaliation Claims Is Triggered by...

The Sixth Circuit held in El-Khalil v. Oakwood Healthcare, Inc. that the decision to terminate an employee, rather than notice to an employee of...