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Research Misconduct: ORI Issues Final Rule with Modernized and Streamlined Regulations

On September 17, 2024, the Office of Research Integrity (ORI) issued a final rule adopting changes to federal regulations governing research misconduct involving federally funded research (Final Rule). The regulations have...more

HRSA Uninsured Program COVID-19 Services: What Were the Standards to Determine Uninsured Status?

The Health Resources and Services Administration (HRSA) Uninsured Program (UIP), which reimbursed providers for provision of COVID-19 related services to uninsured individuals, paid out more than $24.5 billion in claims....more

Anti-Fraud Enforcement in the Coronavirus Era

In times of crisis, there are heroes, villains, victims, and everyone in between. Amidst the COVID-19 crisis, many valiant efforts are under immense time pressure—to care for the ill, to protect the vulnerable, to find and...more

Skilled Nursing Facilities: 2020 Target Area for DOJ under False Claims Act

Federal enforcers typically announce (formally as well as informally) work plans or focus areas for the upcoming year that can provide some guidance as to where providers might anticipate enforcement action and, where they...more

Post-Granston Memo, DOJ Can Use Its Dismissal Authority, but Not Without Limits

In a memo leaked last year (the Granston Memo), the U.S. Department of Justice (DOJ) instructed its prosecutors to more seriously consider dismissing meritless whistleblower False Claims Act (FCA) cases when it is in the...more

New DOJ Guidance on Cooperation in False Claims Act Cases

On May 7, 2019, the Department of Justice (DOJ) released guidance for civil prosecutors in determining how to assess cooperation in False Claims Act (FCA) cases. See DOJ’s press release and its revised manual. In particular,...more

That ‘Hot’ Research Project May Land Your Lab in Hot Water

Most busy scientific research laboratories have a spectrum of projects underway at any given time. Some projects are producing exciting results, and others seem to be heading nowhere. Why not shift personnel from the losers...more

DOJ Announces Policy to Promote Fairness Where Multiple Authorities Investigate the Same Misconduct

On May 9, 2018, the U.S. Department of Justice (DOJ) announced a policy related to resolutions of criminal and civil corporate enforcement. The new “Policy on Coordination of Corporate Resolution Penalties” was issued by...more

Scientific Research Misconduct vs. Fraud: How to Tell the Difference

For years, misconduct in scientific research was policed primarily by the Office of Research Integrity (ORI) at the U.S. Department of Health and Human Services. After a lengthy and confidential review, an institution...more

DOJ Issues Guidelines for Enforcement Related to Off-Label Promotion

On February 28, 2018, Ethan P. Davis, the Deputy Assistant Attorney General for the Consumer Protection Branch, addressed the life sciences community regarding off-label promotion. In his remarks, Deputy Assistant Attorney...more

Leaked DOJ Memo Indicates New Government Focus on Dismissing Meritless False Claims Act Cases

In a January 10, 2018 memo that leaked last week (the “Granston Memo”), the U.S. Department of Justice (“DOJ”) directs its prosecutors to more seriously consider dismissing meritless False Claims Act (“FCA”) cases brought by...more

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