Category Archives: Health care fraud

The Torment of Being Under Criminal Investigation

Many of my white-collar clients are startled to learn how long a government investigation and criminal trial take. They think it will last a year, maybe 14 months. Instead, it can take years. Delay can work to my clients’ advantage, … Continue reading

Posted in Health care fraud, Plea Agreement, Uncategorized | Leave a comment

Is the Government Throwing in the Towel on Pre-Trial Seizure of Untainted Assets? A Win in the Fourth Circuit Suggests Yes

Perhaps the most troubling type of criminal forfeiture is the pretrial restraint of untainted assets. The Department of Justice will seize assets, before proving a single allegation of wrongdoing, even where those assets are not linked to the wrongdoing. This … Continue reading

Posted in Appeal, Criminal Forfeiture, Health care fraud | Tagged | Leave a comment

Celebrating Summer with Recent Wins in the White-Collar World

In the past few months, there have been several big wins for white-collar defendants.  Because we’re in desperate need for some good news as of late, here are highlights of those victories. As I’ve pointed out before, DOJ doesn’t publicize … Continue reading

Posted in Acquittal After Jury Trial, Dismissal of charges in indictment, Health care fraud | 1 Comment

When Will the Government Ask for Pretrial Detention for a White Collar Defendant?

It is very rare for a defendant in a white collar criminal case to be detained pretrial. The two primary factors under the Bail Reform Act are whether the defendant (1) is a danger to another person or to the … Continue reading

Posted in Detention issues, Health care fraud | 2 Comments

A Groovy Decision by Fifth Circuit Gives Corporate Executives a Second Chance Based on Evidentiary Mistakes at Trial

The Fifth Circuit handed two corporate executives at a medical device company a big win recently. I’ve posted in the past about the indictments and trial of two former executives at ArthroCare, Michael Gluk and Michael Baker. They were found … Continue reading

Posted in Appeal, Health care fraud, Securities fraud, Uncategorized | Leave a comment

Criminal Prosecutions Under HIPAA

Health care fraud has long been a focus of the Department of Justice. In 2014, DOJ recovered nearly $6 billion (that’s billion with a “b”) from civil health care fraud cases. DOJ has had its share of setbacks too. Just … Continue reading

Posted in Health care fraud, Uncategorized | Leave a comment

Yates Memo Watch – The First Casualty

The Department of Justice today unsealed the indictment of the former president of Warner Chilcott plc, a pharmaceutical manufacturer. A subsidiary of Warner Chilcott pleaded guilty to a single felony charge of health care fraud related to illegal marketing of … Continue reading

Posted in Health care fraud | Tagged | 3 Comments

Identity Theft Statute Narrowed — A Little Bit

In recent years, the government has increasingly prosecuted individuals under the federal aggravated identity theft statute. This increase may be from the legitimate increase in identity theft but it may also result from the government’s realization that the statute’s mandatory … Continue reading

Posted in Appeal, Health care fraud, Identity Theft, Reversal | Tagged | Leave a comment

A Trial Victory in a Federal White-Collar Case!

It’s a dreary Monday morning in D.C., but I saw this article on Law360 (subscription required, sorry) that brought a little cheer to the day. Last Thursday, a jury in Fort Myers, Florida, acquitted the former division president of Health … Continue reading

Posted in Acquittal After Jury Trial, Health care fraud, Obstruction | Leave a comment

DiscoCare Revisited: Why Was This Corporate Executive Detained Pending Sentencing?

Back in July 2013, I wrote a post about two executives at a medical device company in Austin who had been indicted for health care fraud. On June 2, 2014, after a four-week trial, the two men were found guilty … Continue reading

Posted in Conviction After Jury Trial, Dentention issues, False statements, Health care fraud, Uncategorized | Tagged | 2 Comments