Monday, July 6, 2020

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DOJ’s Compliance Message: Implement Technology Solutions

Considering DOJ’s revised Evaluation of Corporate Compliance Program Guidance, Michael Volkov speculates how companies are going to craft and implement their compliance programs to meet this latest set of expectations. “Compliance automation is a quickly becoming a basic requirement,” Volkov notes. “Technology, however, is not the single answer – controls and staff have to operate […]
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Compliance Practice Tip: Preparing for The Investigation

Compliance attorney Jonathan Marks cautions that when considering any well run internal investigation, a CCO must be cognizant of the strictures laid out in DOJ’s updated guidance for compliance programs. “All of this ties into how the government will view an investigation, particularly if the company does not have the skills and capabilities necessary to […]
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Cochise Ruling Sends Dismissed Qui Tam Complaint Back to District Court for Review Under...

The Tenth Circuit vacated and remanded an order dismissing a qui tam suit as barred by the statute of limitations. The district court found...

Relator Fails to Support Healthcare Fraud Allegations With Facts; United States District Court for...

The district court granted the defendants’ motion to dismiss a qui tam case alleging healthcare fraud, finding the relator’s allegations generally unsupported by concrete facts or indicia of fraud. The relator alleged the defendants failed to provide skilled nursing services, despite contractual obligations to do so, and that they continued to receive payments based on […]
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New Steps for Compliance: A Closer Look at the DOJ’s Revised Corporate Compliance Program

DOJ’s update to its “Evaluation of Corporate Compliance Program” guidance reflects the agency’s evolving views on compliance program elements and activities, as well as the questions it asks when assessing the effectiveness of an organization’s compliance program. It can also be useful for organizations in evaluating their own compliance program effectiveness. This one-hour recorded webinar, […]
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France Moves to Embrace Fight Against Corporate Corruption

The French Ministry of Justice this month sent a memo to prosecutors outlining how it plans to investigate and prosecute illegal bribes paid by French companies to secure business in foreign countries. These plans follow the model of the United States, by encouraging companies to detect and voluntarily disclose allegations of bribery, and rewarding the […]
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Bradken Inc. Pays $10.8 Million to Settle False Claims Act Allegations and Enters Into...

Bradken Inc., a subsidiary of Hitachi Construction Machinery, has paid $10,896,924 to resolve allegations that a foundry it acquired in 2008 produced and sold substandard steel components for installation on U.S. Navy submarines. The company and its former lab director Elaine Thomas – accused of falsifying metallurgical tests – have also been charged criminally. Bradken […]
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Subcontractors at Eugene Apartment Complex Pay $123,832 to Employees After U.S. Department of Labor...

ODP Systems and Timber Tech Framing, subcontractors working on an apartment complex in Eugene, Oregon, will collectively pay nearly $125,000 to 38 employees after DOL Wage and Hour Division investigators found numerous prevailing wage, overtime, and illegal deductions violations. ODP Systems violated the Davis Bacon Act by failing to pay prevailing wage rates to plasterers […]
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Top 10 International Anti-Corruption Developments for May 2020

Morrison Foerster summarizes some of the most important international anti-corruption developments from the past month. This month they ask: How will the reversal of...

Fifth Circuit Affirms Dismissal of FCA Case Based on Inadequate Pleading of Upcoded Claims

The Fifth Circuit affirmed the dismissal with prejudice of a False Claims Act suit brought against Baylor Scott & White Health, a network of acute care hospitals. The suit, brought by Integra Med Analytics, alleged that Baylor submitted $61.8 million in fraudulent claims to Medicare by using unsupported “higher-value” diagnosis codes to inflate Medicare reimbursements. […]
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