Another evidentiary scandal for prosecutors in New York
Discovery violations and delays might result in the dismissal of a indictment involving a $500 million fraud. This after the original indictment was dismissed without prejudice for similar issues. United States v. Morgan, et al, 18-cr-108; 21-cr-00032 (W.D.N.Y.). In...Opening statements in DaVita’s Criminal Antitrust case started yesterday
One of the first Department of Justice criminal antitrust cases targeting agreements in the labor market started yesterday. The Indictment charges that DaVita (a kidney dialysis center) engaged in three agreements with competitors that prevented solicitation of each...Trial Penalty in Varsity Blues Cases
I have often discussed the trial penalty here. Individuals are too often punished for going to trial. It appears that individuals in the Varsity Blues case have received a trial penalty for going to trial. The topic was covered by Law360 HERE. The Varsity Blues...Anti-trust enforcement efforts in the health care industry
Over the summer, the Biden administration issued a sweeping executive order aimed at boosting competition across the U.S. economy, including encouraging the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) to strengthen the 2016 guidance related...News and notes
Happy New Year! I am back after taking a break to recuperate from a 9-week health care fraud trial in the Southern District of Florida. Some news and notes to start 2022: Following the COVID-19 Omicron variant surge over the holidays, Big Law is postponing the return...ABOUT THE AUTHOR
I represent doctors, hospitals, skilled nursing facilities, pharmacies, and other health care providers, during government investigations and defend them in qui tam (whistle-blower) actions. I also regularly counsel companies from a variety of industries on the adoption and operation of their compliance programs and related due diligence issues.
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