Host Jonathan Porter welcomes Husch Blackwell partner Cormac Connor back to the show for the second part of a two-part conversation exploring the 2024 U.S. presidential election’s potential impact on how the Department of Justice approaches the enforcement and prosecution of corporate crime, particularly violations of the False Claims Act (FCA).
In Part I of the conversation, Jonathan and Cormac provided an overview of how transitions work from one administration to another, both at Main Justice in See more +
Host Jonathan Porter welcomes Husch Blackwell partner Cormac Connor back to the show for the second part of a two-part conversation exploring the 2024 U.S. presidential election’s potential impact on how the Department of Justice approaches the enforcement and prosecution of corporate crime, particularly violations of the False Claims Act (FCA).
In Part I of the conversation, Jonathan and Cormac provided an overview of how transitions work from one administration to another, both at Main Justice in Washington as well as in the U.S. Attorneys’ offices around the country. They also covered important changes in policy over the previous three presidential administrations, highlighting how both the 2015 Yates memo and the 2017 Brand memo (and its subsequent rescindment) affected FCA enforcement.
Part II of this discussion explores how FCA enforcement shifted during the Biden administration and what changes are likely during a second Trump administration. Jonathan and Cormac begin with a discussion of how the aforementioned memos—as well as the so-called Granston memo—figure in day-to-day DOJ activities. They also discuss the Biden administration’s scrutiny on private equity ownership of healthcare enterprises—including the naming of private equity sponsors in FCA litigation—and how that scrutiny could change under a second Trump administration. The discussion wraps up with a brief exploration of United States ex rel. Zafirov v. Florida Medical Associates, an ongoing dispute regarding the constitutional legitimacy of qui tam litigation, and whether the arguments presented in Zafirov will be embraced by the Trump administration’s Justice Department. See less -
