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Legal Series: White Collar Crime Enforcement Issues

Event Details:                                                                                                                                                          

White Collar Crimes continue to proliferate. 2011 saw record numbers of cases being brought against individuals and corporations and 2012 is already lining up to be another banner year. As an attorney, you must stay in the know in order to effectively represent your clients and prevail.

The Knowledge Congress is organizing a two-hour LIVE Webcast entitled Legal Series: White Collar Crime Enforcement Issues LIVE Webcast which will cover the following relevant topics.

Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 1.75 - 2.0
Advance Preparation: Print and review course materials
Course Code: 124244
Recording Fee: $299 (Please click here for details)

 

Featured Speakers for Legal Series: White Collar Crime Enforcement Issues LIVE Webcast :


Agenda  (click here to view more)


SEGMENT 1:
Michael W. Emmick, Founder,
Law Offices of Michael W. Emmick

Recent FCPA Developments and Enforcement Issues
  • • Recent DOJ Losses: What do they mean?
  • • Upcoming DOJ Guidance: What to expect?
  • • Impact of Dodd Frank Whistleblower Provisions?
  • • What's new regarding monitors, DPAs, NPAs?
  • • Effect of UK Bribery Act on FCPA compliance?


SEGMENT 2:
John F. Libby, Partner,
Manatt, Phelps & Phillips, LLP

HEALTH CARE FRAUD, INTERNAL INVESTIGATIONS AND PARALLEL PROCEEDINGS – RECENT DEVELOPMENTS AND TRENDS

I. Longtime government priority
  • A. Healthcare industry is __% of GDP
  • B. Government Medicare and Medicaid programs are $______ per year
  • C. Federal government has recovered $_______ in overpayments, settlements and fines since ______.
  • D. We have every reason to believe focus on healthcare fraud will continue as industry continues to evolve
    • 1. Could be stats driven – lots of small/medium cases
  • E. HEAT teams established 2009
    • 1. Joint task force OIG/DOJ
    • 2. Numerous law enforcement entities involved, including Federal Bureau of Investigation, the United States Postal Inspection Service, the Internal Revenue Service and State Medicaid Fraud Control Units (MFCU)
II. Areas of government’s focus
  • A. From 2012 OIG Workplan (at page IV-4): “OIG and its partners investigate individuals, facilities, or entities that, for example, bill or are alleged to have billed Medicare and/or Medicaid for services not rendered, claims that manipulate payment codes to inflate reimbursement amounts, and false claims submitted to obtain program funds. We also investigate business arrangements that allegedly violate the Federal health care antikickback statute and the statutory limitation on self-referrals by physicians.

    “OIG also examines quality-of-care issues in nursing facilities, institutions, community-based settings, and other care settings and instances in which the programs may have been billed for medically unnecessary services, for services either not rendered or not rendered as prescribed, or for substandard care that is so deficient that it constitutes ‘worthless services.’”

    “Other areas of investigation include Medicare and Medicaid drug benefit issues and assisting CMS in identifying program vulnerabilities and schemes such as prescription shorting (a pharmacy dispensing fewer doses of a drug than prescribed, charging the full amount, and then instructing the customer to return to pick up the remainder). Working with law enforcement partners at the Federal, State, and local levels, we investigate schemes to illegally market, obtain, and distribute prescription drugs. In doing so, we seek to protect Medicare and Medicaid from making improper payments, deter the illegal use of prescription drugs, and to curb the danger associated with street distribution of highly addictive medications. We assist State MFCUs to investigate allegations of false claims submitted to Medicaid and will continue to strengthen coordination between OIG and organizations such as the National Association of Medicaid Fraud Control Units and the National Association for Medicaid Program Integrity.”
  • B. Billing fraud/errors
  • C. Anti-Kickback Act violations
  • D. Off label marketing
  • E. DME
  • F. Quality of care
III. How are cases developed?
  • A. Data mining
  • B. Whistleblowers/FCA
  • C. Referrals from other government agencies
IV. Recent significant cases/settlements
  • A. Lauren Stevens
V. Significant issues
  • A. Potential breadth of laws and prohibited conduct
    • 1. Anti-Kickback Act
  • B. Scope and complexity of billing requirements
  • C. Exclusion from participation in Medicare
VI. Healthcare clients often end up dealing with classic white collar issues
  • A. Internal investigations and voluntary disclosures
    • 1. Corporate counsel as an “arm” of the government
    • 2. Privilege and selective waiver
  • B. Parallel proceedings
    • 1. Discovery stays
    • 2. Fifth Amendment issues
    • 3. Global settlements
VII. The False Claims Act is often the vehicle through which these cases are resolved
  • A. Qui tam provisions
  • B. Related employment/retaliatory discharge issues


SEGMENT 3:
Eric Tunis, Partner,
Greenbaum, Rowe, Smith & Davis LLP



SEGMENT 4:
Eli J. Richardson, Member,
Bass, Berry & Sims

  • - The whistleblower rewards provisions of the Dodd-Frank Act make it more important than ever for companies to respond both proactively and reactively to their risk portfolio, in order to minimize the likelihood and consequences of whistleblowers reporting alleged securities law violations to the SEC
  • Discovery missteps by the Justice Department in recent high-profile cases illuminate the importance, and the proper methodology, of defense counsel ensuring that the government provides full discovery to criminal defendants
  • - As alleged white-collar violations become ever more likely to be the subject of parallel civil and criminal investigations, it becomes ever more important to understand the basic rules and principles underlying parallel government investigations
  • - Because corporate criminal liability is here to stay, companies must understand the risk of their being charged with a crime based on the criminal conduct of their agent or employee, as well as how to mitigate that risk
  • - Although much has been made of the forthcoming increased use of wiretaps in white-collar cases, wiretaps will still be the rare exception, rather than the rule, in white-collar investigations


SEGMENT 5:
Justin V. Shur , Partner,
Molo Lamken LLP

Current Topics in Enforcement of Insider Trading and Trade Secret Laws
  • • Overview of the law in this area
  • • Recent enforcement trends
  • • Recent enforcement trends
  • • Risks and suggested practices to avoid liability


Law Offices of Michael W. Emmick
Michael W. Emmick
Founder
speaker bio »»

Manatt, Phelps & Phillips, LLP
John F. Libby
Partner
speaker bio »»

Greenbaum, Rowe, Smith & Davis LLP
Eric Tunis
Partner
speaker bio »»

Bass, Berry & Sims
Eli J. Richardson
Member
speaker bio »»

Molo Lamken LLP
Justin V. Shur
Partner
speaker bio »»



Who Should Attend?

- General Counsel
- White Collar & Corporate Attorneys
- Risk Officers & Related

Why Attend?

This is a must attend event for Attorneys interested in upping their skills when defending white collar criminals.

- New guidance explained by the most qualified key leaders & experts
- Hear directly from key regulators & thought leaders
- Interact directly with panel during Q&A

Reserve your spot today - Advanced registration is recommended as space is limited significant discounts apply for early registrants.

Registration Information:                                                                                                                                    


(Click here for information on group registrations and discounts)

Disclaimer:
Please note, the event date is firm although it may be subject to change. Please click here for details.
The Knowledge Group, LLC is producing this event for information purposes only. We do not intend to provide or offer business advice. The contents of this event are based upon the opinions of our speakers. The Knowledge Congress does not warrant their accuracy and completeness. The statements made by them are based on their independent opinions and does not necessarily reflect that of The Knowledge Congress' views. In no event shall The Knowledge Congress be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages as a result of any information gathered from this webcast.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Legal Series: White Collar Crime Enforcement Issues
LIVE Webcast

Event Sponsors:




Manatt, Phelps & Phillips, LLP, is known for quality, for extraordinary commitment to clients, for integrated, relationship-based services, and for a range of specialized capabilities typically found only in boutique firms. We are progressive and entrepreneurial compared to other major firms; and we are deeply committed to diversity, to public service, to involvement in the communities we serve and to excellence in all we do.

We are proud to represent a sophisticated client base in a range of industries including healthcare, financial services, entertainment, media and advertising, real estate, technology, energy and natural resources, consumer goods and services and transportation.




Greenbaum, Rowe, Smith & Davis LLP is a full service law firm with offices in Woodbridge and Roseland, New Jersey. Founded in 1914, the firm has distinguished itself as a market leader by serving a broad range of local, regional and national clients doing business in New Jersey and surrounding areas. With approximately 100 attorneys practicing in five Departments - Corporate, Environmental, Litigation, Real Estate and Tax, Trusts & Estates - which are augmented by numerous interdisciplinary practice groups focused in niche areas, the firm provides sophisticated, creative and cost-effective representation rooted in collaborative teamwork, proactive legal strategies, attention to detail and relationship-oriented service. This integrated service profile meets the needs of entrepreneurial ventures, mid-sized businesses and large corporate and multinational entities alike.




With more than 200 attorneys in four offices representing numerous publicly-traded and Fortune 500 companies, Bass, Berry & Sims PLC regularly handles major business transactions and litigation matters throughout the country. The firm has experience across the spectrum of regulatory and enforcement agencies and routinely handles matters involving the U.S. Department of Justice (including U.S. Attorneys’ Offices and the Federal Bureau of Investigation), state attorneys general, various Offices of Inspector General, and the Securities and Exchange Commission. The firm's Compliance and Government Investigations practice group regularly conducts internal investigations, white-collar defense and compliance activities to manage client exposure before, during, and after governmental investigations in areas such as Healthcare Fraud and Abuse; Securities Fraud; Independent Regulatory Audits; Foreign Anti-Corruption/Foreign Corrupt Practices Act (FCPA); Employee Misconduct; Antitrust; Bank Fraud; Public Corruption; and Congressional Investigations.




Molo Lamken LLP is a law firm focused exclusively on representing clients in complex litigation. The firm handles civil as well as criminal and regulatory matters across the country. Molo Lamken’s founding partners, Steven Molo and Jeffrey Lamken, developed national reputations based on their courtroom successes while partners at large full-service firms where they held leadership positions. They formed the firm with an abiding belief that complex litigation is most effectively handled by smaller teams comprised of smart, highly experienced lawyers focused on results rather than process. The firm provides experienced advocacy before judges, juries, and courts of appeal – including the Supreme Court of the United States. Molo Lamken also represents clients in regulatory and criminal investigations and conducts internal investigations. - www.mololamken.com


Speaker Firms:




In June 2012, after 34 years of lawyering in downtown Los Angeles, Mr. Emmick opened his own white-collar firm -- the creatively-named “Law Offices of Michael W. Emmick.” He continues to represent companies and individuals involved in criminal, civil, and regulatory matters. Substantively, his practice focuses on corruption (e.g., official bribery, commercial bribery, FCPA, gratuities, and conflicts of interest); various kinds of fraud (e.g, health care, securities, defense procurement, banking, real-estate/mortgage, tax, and environmental crimes); related civil proceedings under the False Claims Act; and regulatory proceedings. More practically, Mr. Emmick conducts internal investigation; proposes compliance measures; represents witnesses in state and federal grand jury proceedings; works with joint-defense groups in large corporate investigations; responds to search warrants, subpoenas, and other investigative measures; and represents corporate and individual defendants against whom legal violations have been alleged.









Media Partner:




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The Knowledge Group, LLC is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Website: www.nasba.org


 

We are an approved multi-event sponsor in the state of California. Our provider ID is: 14451. In Texas, Illinois, and Virginia, we submit programs for individual approval in advance. In all other states, once attendance is verified, participants are emailed an official certificate of attendance which they submit to their respective State Bar Associations. Our programs are created with continuing education in mind and are therefore designed to meet the requirements of all State Bar Associations. If you have any questions, please email our CLE coordinator at: info@knowledgecongress.org

Attention New York Attorneys:

This program is approved for CLE credit under New York’s Approved Jurisdiction policy. The Knowledge Group, LLC is an approved sponsor in the state of California, a New York Approved Jurisdiction. This program fulfills the non-traditional format requirement of exceeding 60 minutes in length. Please note only experienced attorneys (more than 2 years) are eligible to receive CLE credit via non-traditional format learning platforms. The Knowledge Group will verify attendance during the webcast via secret words (3 per credit hour) and by auditing attendees log in and log out records. All verification instructions will be provided during the webcast. Once attendance verification requirements have been completed, the attendee will be issued a certificate of attendance be The Knowledge Group for the course with the recommended number of credit hours. The Certificate of Attendance is normally sent via email in 24 hours or less.

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To learn more about New York’s Approved Jurisdiction policy. Please visit: http://www.nycourts.gov/attorneys/cle/approvedjurisdictions.shtml



 
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