The False Claims Act (31 U.S.C. §§3729-3733) (“FCA”) imposes liability on persons and companies who defraud the government.  It is the federal Government’s primary tool in combating fraud against the Government. There are also similar provisions under most states’ laws.  Because of changes in the law, which make it easier to file these actions, …

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 …

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 …

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 …

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. …

The Internal Revenue Service (IRS) recently began issuing penalty notices (IRS Letter 226J) to employers for their employer shared responsibility payment (ESRP) for 2015.  Below is an overview of the basis of these letters, who may be subject to the ESRP, and how it is calculated from the IRS’ website. As further discussed in …

Dallas Morning News, March 11, 2018. Jimmy Luis Briseno was lucky for someone facing a felony tax fraud charge. Briseno, who ran a tax preparation business, got a break in 2016 when a federal judge granted his request to work at a related mailing business while awaiting trial on the tax case. The mailing …

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 …

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 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. …