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From Implementation to Empowerment: Department of Justice Updates Its Guidance for Evaluation of Corporate Compliance Programs

On June 1, 2020, the Criminal Division of the U.S. Department of Justice (“DOJ”) updated its guidance for its evaluation of corporate compliance programs when making charging decisions. The Guidance, first published in...more

Justice Department Announces Its First Enforcement Action Involving COVID-19 Following Attorney General’s New Directive to...

On March 22, 2020, the U.S. Department of Justice (DOJ) announced that the U.S. Attorney’s Office of the Western District of Texas has filed the first action in federal court concerning fraud related to the COVID-19...more

DOJ Announces $20 Million Settlement of False Claims Act Allegations Regarding Kickbacks and Unnecessary Spinal Surgeries

On October 28, 2019, the Department of Justice announced a $20.25 million settlement of False Claims Act (FCA) allegations. ...more

Key Takeaways from Recent DOJ Corporate Compliance Program Guidance

On April 30, 2019, the Department of Justice (DOJ) released an updated version of its guidance for evaluating corporate compliance programs....more

A “House of Cards”: DOJ Drops Out of ManorCare FCA Case After Judge Excludes Expert Witness

The Department of Justice (DOJ) filed a motion on November 17, 2017 to voluntarily dismiss its False Claims Act (FCA) case against HCR ManorCare, Inc. (ManorCare). Despite a years-long investigation, coupled with nearly three...more

False Claims Act Cases: With No End In Sight, Why You Should Consider Litigating And How To Maximize Your Litigation Advantages

Over the past few years, the government’s emphasis on conducting fraud and abuse investigations – especially in the healthcare industry – has resulted in scores of settlements and billions of dollars paid to the government...more

Principal Deputy Assistant Attorney General Mizer on Yates Memo: “No Partial Credit for Cooperation that Doesn’t Include...

Principal Deputy Assistant Attorney General Benjamin C. Mizer’s remarks at the 16th Pharmaceutical Compliance Congress and Best Practices Forum highlighted the Department of Justice’s “renewed commitment to ensuring that...more

Lack of Materiality as a Defense in False Claims Act Cases

The False Claims Act (the “Act”) imposes liability on those who “’knowingly’ present, or cause to be presented, ‘a false or fraudulent claim for payment or approval’” to the government. Persons who act in “deliberate...more

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