Department of Justice

Anti-Kickback Statute, Department of Justice, Healthcare

Non-jail sentence following prosecution for violation of AKS

I regularly represent health care providers, marketers, and health care organizations accused of or under investigation for health care fraud and violations of the anti-kickback statute.  Recently, I represented the owner of a pharmacy.  The owner was charged with engaging in a conspiracy to pay kickbacks in exchange for referrals, in addition to other crimes.  The owner was the last individual…

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Department of Justice

Will the DOJ’s New Privilege Team Stop Prosecutors from Improperly Reviewing Privileged Materials?

The Department of Justice Criminal Division Fraud Section has quietly created a new privilege team.  This is a departure from the traditional practice of using so-called “taint teams” – assigned agents and prosecutors not involved in the investigation — to review materials that may have been subject to a privilege.  While it is unknown why the privilege team was formed,…

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Department of Justice

DOJ Announces Publication “The Evaluation of Corporate Compliance Programs”

Evaluation of Corporate Compliance Programs Yesterday at the Annual Ethics and Compliance Initiative Conference, Assistant Attorney General Brian A. Benczkowski delivered the keynote address to participants at the conference. During his speech, Assistant Attorney General Benczkowski announced the release of an updated version of the Department of Justice Criminal Division’s Evaluation of Corporate Compliance Programs. The updated version was created…

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Department of Justice

DOJ chipping away at monitorships.

[et_pb_section fb_built=”1″ _builder_version=”3.22″ custom_padding=”54px|0px|33px|0px|false|false”][et_pb_row _builder_version=”3.25″ custom_padding=”8px|0px|0|0px|false|false”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”3.27.4″ text_font=”Helvetica||||||||” text_font_size=”21px” text_line_height=”1.3em” header_font=”Futura Book||||||||”] New Policy For Selection Of Monitors In Criminal Division Matters On Friday, the head of the Department of Justice criminal division, Brian Benczkowski, released a memorandum regarding the selection of monitors in criminal division matters.  The new policy was announced to a small audience…

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