Lessons From the DOJ: How Recent Guidance and Cases Can Help You Avoid Government Interference With Your Business
The initiation of a government investigation is often a stressful and anxiety-producing event for a health care company. The Department of Justice is known for its aggressive investigation and prosecution of health care fraud and related offenses, and the potential penalties can have a significant impact on the livelihood and future of a company. In addition, the statutory framework is such that the DOJ can prosecute the same conduct criminally or civilly, and it can use different statutes to bring charges based on the same conduct but with dramatically different penalties. This article discusses recent DOJ guidance and enforcement actions focused on corporate compliance programs and, based on that, identifies strategies corporations can use to develop and implement comprehensive compliance programs designed to ward off government investigations and enforcement actions.
