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 […]
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 […]
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 […]
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...
Top Ten Challenges for White-Collar Crime and Investigations Lawyers in 2022
We asked our global white collar crime team for their views on key challenges in 2022 for in house investigations teams and white collar crime lawyers, and how to manage the associated risks. Here are the top ten. Understand evolving expectations on corporate accountability. Don’t take your eye off intermediaries. Old and new financial gatekeepers […]
Growth of Holistic Risk Management
The last five years has included an increased focus on corporate risk management. For years, companies paid “lip service” to the idea of risk management. In many cases, companies implemented “immature” risk management systems that do not stand up to scrutiny and assessment. These programs are often understaffed with a singular focus on enterprise risk […]
Not Positive: Last Week’s Lab Fraud Schemes
The United States Department of Justice recently settled cases against UC San Diego Health and Boca Toxicology Lab LLC (dba Lab Dynamics) for submitting claims for unnecessary tests to Medicare. Under the terms of the settlement, the academic health system of the University of California, San Diego paid $2.98 million. The owner of Florida-based Boca […]
Court Concludes Government Agencies Cannot Categorize Regulatory Violations as Material as a Matter of...
On January 7, 2022, a district court in the Western District of Kentucky dismissed DOJ’s implied false certification theory relating to allegedly medically unnecessary...
Sixth Circuit Clarifies When Statute of Limitations Commences in False Claims Act Whistleblower Retaliation...
On January 10, 2022, the Sixth Circuit held in El-Khalil v. Oakwood Healthcare, Inc. that the statute of limitations period for a False Claims Act whistleblower retaliation case commences when the whistleblower is first informed of the retaliatory adverse employment action, rather than when the action is finalized. While working as a podiatrist at Oakwood […]
Bank Fraud Involving PPP Loans Could Lead to Prison Time, Even for Relatively Small...
The U.S. Department of Justice has recently begun charging defendants with bank fraud in relation to Paycheck Protection Program loans as part of its continuing efforts to investigate and prosecute individuals for crimes associated with COVID-19 related aid. If the government is able to prove that fraud occurred, individuals face the prospect of significant time […]