I recently authored an article for the American Bar Association (ABA) Health Law Section regarding healthcare fraud enforcement trends in 2024 and the projected issues for 2025, which highlights the Department of Justice’s (DOJ) increasing focus on fraud, waste, and abuse.Continue Reading Healthcare Fraud Enforcement Trends from 2024 and Projected Issues for 2025
The Surge in FCA Whistleblower Lawsuits: What’s Driving the Trend and What Comes Next?
Whistleblower-driven False Claims Act (FCA) lawsuits are on the rise, raising critical questions about the factors fueling this trend and its potential impact on enforcement. Continue Reading The Surge in FCA Whistleblower Lawsuits: What’s Driving the Trend and What Comes Next?
COVID-19 Relief Scrutiny
We recently co-authored an article for The Banking Law Journal about the Department of Justice’s (DOJ) ongoing efforts to target businesses it alleges to have fraudulently received COVID-19 relief funds.Continue Reading COVID-19 Relief Scrutiny
Series on Healthcare Fraud Risk for The Compliance & Ethics Blog
I recently authored a two-part article series published on The Compliance & Ethics Blog highlighting key updates in healthcare fraud compliance and enforcement, including insights from the firm’s annual 2023 Healthcare Fraud & Abuse Review and updates thus far in 2024. Continue Reading Series on Healthcare Fraud Risk for The Compliance & Ethics Blog
COVID-19 Relief Enforcement Actions Highlight Ongoing Risk
The Department of Justice (DOJ) continues to demonstrate its sustained interest in COVID-19 relief fraud as an enforcement priority and we can expect to see persistent enforcement in this area. Continue Reading COVID-19 Relief Enforcement Actions Highlight Ongoing Risk
Government Scrutiny of COVID-19 Relief Funds
We authored an article published in the June 2023 issue of the American Bar Association’s (ABA) Health Lawyer addressing government scrutiny of COVID-19 relief funds. Continue Reading Government Scrutiny of COVID-19 Relief Funds
PPP Enforcement Actions Gather Steam
The Paycheck Protection Program (PPP) was intended to provide a fast influx of assistance to small businesses during the economic shock created by the COVID-19 pandemic. The speed with which loans were distributed to businesses nationwide was striking, and so was the speed with which the Department of Justice (DOJ) began prosecuting those abusing the program. Reports of corporations and individuals seeking to take advantage of the PPP prompted a vigorous law enforcement response that has broadened its scope in recent months. As we highlighted last year, the DOJ has taken aggressive action to pursue those who engaged in misconduct involving the PPP and other CARES Act stimulus programs.
Continue Reading PPP Enforcement Actions Gather Steam
[Virtual Event] 8th Annual Compliance & Government Investigations Seminar
Please join us for the Compliance & Government Investigations Seminar hosted by Bass, Berry & Sims and FTI Consulting. Due to ongoing COVID-19 concerns, this event will be virtual only.
We are excited for this year’s complimentary CLE program, which will provide the same caliber of practical advice, insight into government developments, and thoughtful discussion from industry panelists you have come to expect from this seminar. This year’s topics include:
- Inside Scoop: Top Issues In-House Counsel Currently Face
- Update on International Trade Regulations and Enforcement
- SEC Update: Key Enforcement and Regulatory Priorities
- Running an Investigation
- Antitrust Is Back: DOJ and FTC Signal Significant Increase in Antitrust Enforcement
- Data Privacy Update
- Healthcare Fraud Enforcement Updates
- Hot Topics in Procurement Fraud in 2021 and Beyond
- COVID-19 Funding Fallout: Preparation for Government Scrutiny
This year’s seminar will be held from 8:30 a.m.–3:45 p.m. CDT on Tuesday, September 28. To register, please click here.
Click here to view the agenda.Continue Reading [Virtual Event] 8th Annual Compliance & Government Investigations Seminar
Telehealth Scrutiny Following COVID-19 Pandemic
During the COVID-19 pandemic, many healthcare providers have relied on telehealth options to provide patients access to care. But, as I discussed in a recent article for Physicians Practice, “As long as utilization of telehealth services remains high, corresponding scrutiny and government enforcement efforts will remain focused on this area.”
In the article, I recommend ways that physicians and other providers can prepare for this additional scrutiny:Continue Reading Telehealth Scrutiny Following COVID-19 Pandemic
PPP Investigations, Settlements and Litigation on the Horizon
In the last year, the Department of Justice (DOJ) has brought more than 100 criminal cases relating to Paycheck Protection Program (PPP) Fraud. These criminal prosecutions started at a blistering pace, with the first indictments coming within the very first months of the program’s inception. This wave of criminal prosecutions and convictions related to some of the more flagrant abuses – individuals who fraudulently obtained funds from the program and then went on spending sprees for things like Lamborghinis, mansions, and private jet travel.
These prosecutions focused on individuals and organized groups who obtained or used PPP funds fraudulently, often including charges for false statements (18 U.S.C. § 1001), aggravated identify theft (18 U.S.C. § 1028A(a)(1)), false statements in a loan application (18 U.S.C. § 1014), wire fraud (18 U.S.C. § 1343), bank fraud (18 U.S.C. § 1344), and Title 26 tax charges. Along with these prosecutions came significant resources, including new fraud coordinators and data analytics teams across the country.
Now, we are starting to see the first civil enforcement actions relating to the program. This signals a new phase of enforcement for the DOJ and all organizations who benefited from the program must pay close attention.Continue Reading PPP Investigations, Settlements and Litigation on the Horizon