Eleventh Circuit opinion creates an avenue to win criminal prosecution charging lack of medical necessity.
Today, the Eleventh Circuit ruled in United States v. AseraCare, Inc. that a mere difference of reasonable opinion among doctors is insufficient to prove objectively false billing. Unfortunately, the opinion significantly curtails an FCA win by hospice chain...The Twenty-Eighth Annual National Seminar on Federal Sentencing
My esteemed panel included David Debold (GibsonDunn), Mark Rankin (Shutts and Bowen), Jean-Jacques Cabou (Perkins Coie), and Ben Au (Durie Tangri). The panel discussed recent changes to the Sentencing Guidelines and their implications in economic crime cases. I...Lots of DOJ settlements this month
July has been a busy month for the Department of Justice. The DOJ announced several large settlements this month. Suboxone settlement. Reckitt Benckiser Group plc has agreed to pay $1.4 Billion to resolve criminal and civil liability for the marketing of Suboxone, an...DOJ Indicts Opiod Distributor and Executives
Yesterday, a federal grand jury returned an indictment accusing Ohio- based Miami-Luken, former President Anthony Rattini, and former compliance officer James Barclay of conspiring to distribute controlled substances without a legitimate medical purpose. Also indicted...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.
