Government’s Use of the Travel Act to Combat Bribery in Healthcare Fraud Cases

By Sarah Q. Wirskye - On

Healthcare fraud continues to be a government priority.  And right now the government is focusing on cases with healthcare business referrals in exchange for something of value. The government usually prosecutes these cases under the federal anti-kickback statute, 42 U.S.C. §1320a-7b(b). The anti-kickback statute criminalizes the offering, paying, soliciting or receiving anything of value …

Foreign Corrupt Practices Act – To Disclose or Not Disclose under DOJ Policy

By Sarah Q. Wirskye - On

By: Sarah Wirskye & Adrienne Braumiller On November 29, 2017 the Department of Justice (“DOJ”) announced a Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“FCPA Policy”).  The policy was incorporated into the United States’ Attorney’s Manual and is based on the 2016 FCPA Pilot Program designed to promote greater compliance.   Under the …

New DOJ Policy Addresses Duplicative Corporate Penalties

By Sarah Q. Wirskye - On

On May 9, 2018, the United States Department of Justice (DOJ) announced a new policy discouraging duplicative corporate penalties. This policy was incorporated in the United States Attorneys Manual Section 1-12.100 and is titled “Coordination of Corporate Resolution Penalties in Parallel and/or Joint Investigations and Proceedings Arising from the Same Misconduct.” It contains the …

Increased Use of the Computer Fraud and Abuse Act

By Sarah Q. Wirskye - On

The Computer Fraud and Abuse Act (CFAA) is a United States cybersecurity law that was enacted in 1986 as an amendment to existing computer fraud law (18 U.S.C 1030), which had been included in the Comprehensive Crime Control Act of 1984.  The statute has been amended several times since and most recently in 2008. …

DOJ Ends Use of Civil Enforcement Authority Including False Claims Act to Enforce Agency Guidance Documents

By Sarah Q. Wirskye - On

In January 2018, the Office of the Associate Attorney General issued a new policy that prohibits the Department of Justice (DOJ) from using its civil enforcement authority to convert agency guidance documents into binding rules.  This policy prohibits DOJ’s civil litigators from using “guidance documents” in the enforcement of affirmative civil cases (ACE). This …

DOJ Announces FCA Policy on Dismissal of Actions

By Sarah Q. Wirskye - On

In January 2018, the Department of Justice (DOJ) issued a new policy about False Claims Act (FCA) dismissals. The policy instructs federal prosecutors to consider whether declined qui tam actions should be dismissed to better advance the government’s interest, under Section 3730(c)(2)(A) of the FCA.  The policy specifically references the (1) use of government resources in …

Healthcare Fraud Investigations on the Rise

By Sarah Q. Wirskye - On

Healthcare fraud is a government priority.  While there are variations depending on the industry, the government generally focuses on the same basic conduct in healthcare fraud cases.  In light of that, there are some things that a healthcare provider can do in order to minimize their liability if they are under audit or investigation. …