Searching Content indexed under Criminal Law by T. Reed Stephens ordered by Published Date Descending.
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First Of Its Kind: Drug Wholesaler Accepts DPA And Two Executives Face Criminal Charges In SDNY For Illegal Distribution Of Opioids
On April 23, 2019, the US Department of Justice (DOJ) announced it has entered into a deferred prosecution agreement with Rochester Drug Co-Operative, Inc. (RDC),
United States
22 May 2019
Health Care Enforcement Quarterly Roundup Q3 | September 2018
In the latest installment of Health Care Enforcement Quarterly Roundup, we examine key enforcement trends in the health care industry that we have observed over the past few months.
United States
9 Oct 2018
DOJ Maintains Focus On FCA Enforcement Against Individuals
In September 2015, DOJ issued the well-known "Yates Memo" (named for then-Deputy Attorney General Sally Yates), which focuses on individual accountability for corporate wrongdoing.
United States
23 Apr 2018
Guidance Memoranda Continue To Be Used By DOJ Leadership To Endorse Enforcement Priorities And Protocols
DOJ has long used guidance memoranda to reflect enforcement priorities and provide specific guidance to its prosecutors. This remains true in the Trump administration. In the first quarter of 2018 ...
United States
23 Apr 2018
DOJ Issues Memorandum Outlining Factors For Evaluating Dismissal Of Qui Tam FCA Cases In Which The Government Has Declined To Intervene
As first reported in the National Law Journal, the US Department of Justice (DOJ), Civil Division, recently issued an important memorandum to its lawyers handling qui tam cases filed under...
United States
30 Jan 2018
A Closer Look At Rigsby And The Supreme Court's Rejection Of Mandatory Dismissal For Seal Violations
In light of the rising civil monetary penalties under the FCA and the looming threat of bank-breaking treble damages, avenues to dismissal are paramount to defendants operating in industries...
United States
20 Dec 2016
DOJ's "Yates Memorandum" Calls For Increased Focus On Individuals In Investigating Allegations Of Both Criminal And Civil Corporate Wrongdoing
On September 9, 2015, the U.S. Department of Justice released a memorandum to prosecutors nationwide regarding "Individual Accountability for Corporate Wrongdoing," authored by Deputy Attorney General Sally Q. Yates.
United States
28 Sep 2015
Can Satisfying A Regulatory Requirement Now Equate To Providing Illegal Remuneration?
The disposal of weak cases by the government through the intervention decision making process has always been a critical safety valve for non-culpable defendants.
United States
15 Sep 2015
Tuomey's Appeal Of $237M False Claims Act Judgment Denied By The Fourth Circuit
Judge Wynn's analysis in this case is timely, as Stark Law cases are on the rise, and questions regarding the proportionality and fairness of Stark Law liability grow ever more pressing.
United States
14 Jul 2015
Fourth Circuit Upholds Judgment Of Over $237 Million Against Tuomey Healthcare System
On July 2, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed the U.S. District Court for the District of South Carolina's judgment of $237,454.195 in damages and penalties against Tuomey Healthcare System.
United States
8 Jul 2015
Use Of Statistical Sampling To Establish Damages In FCA Cases Still Controversial
The defendants responded that, among other things, the court's ratification of Relator's statistical sampling methodology was premature.
United States
20 May 2015
Supreme Court Vets Wartime Tolling Of FCA Statute Of Limitations In Kellogg Brown & Root v. United States Ex Rel. Carter
Made relevant by over a decade of global military action, the WSLA was a little known criminal code provision tolling the statute of limitations for "any offense" involving fraud against the United States during war.
United States
13 Feb 2015
Increased Billing Audits Suggest Enhanced FCA Risk
The Obama administration's statements ratchet up the pressure on health systems to enhance case management and to prepare to defend against the rising wave of FCA investigations.
United States
29 Mar 2010
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