Since the April creation of the Department of Justice (DOJ) National Fraud Enforcement Division, the DOJ has issued memos operationalizing that Division, including setting forth its priorities and providing guidance on criminal enforcement.
An October 1 memo (entitled Directive 26-12) from Colin McDonald, the Assistant Attorney General in charge of the National Fraud Enforcement Division, which Reed Smith has previously briefed, outlines the Division’s priorities to prosecute fraud related to health care, government contracts, tax evasion, and tariff evasion, and factors to weigh in determining outcomes for corporations involved in government investigations.
But how do the DOJ’s reorganization and recent directives affect how civil False Claims Act (FCA) cases and other criminal corporate fraud cases are prosecuted and resolved, including for health care companies that are in the…
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