Jerrob Duffy

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Healthcare Companies and Companies Doing Business with the US Government – Supreme Court Appears Likely to Clarify False Claims Act (FCA) Knowledge Requirements

By Jerrob Duffy and Karen Harbaugh on Posted in Compliance Program, corporate compliance, False Claims Act (FCA), Fraud, Government Investigation, Healthcare, U.S. Supreme Court, United States
The Supreme Court recently heard oral argument in the appeal of two False Claims Act (FCA) cases from the Seventh Circuit that called into question the level of intent, or scienter, required to establish corporate liability under the FCA for “knowingly” overbilling the government for goods or services.  The Court’s eventual decision may have widespread … Continue Reading

DOJ’s Criminal Division Announces Revised Corporate Enforcement Policy

By Kevin McCart, Jerrob Duffy, Kathleen McGovern, Colin Jennings, Sanaa Bayyari and Lauryn Durham on Posted in Department of Justice, Government Investigation, United States, US Department of Justice
On January 17, 2023, Assistant Attorney General for the Criminal Division (“AAG”) Kenneth A. Polite, Jr. announced significant revisions to the U.S. Department of Justice, Criminal Division, corporate criminal enforcement policy (“CEP”).[1] The new CEP changes offer additional incentives to companies for voluntary self-disclosures, cooperation, and remediation.  The new CEP reflects an increased emphasis on … Continue Reading
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