Experience
Counseled Treatment Center through Investigation
On behalf of a multi-office Ohio addiction treatment center, we handled the fraud and abuse investigation and subsequent negotiations with federal authorities who were reviewing the client’s receipt of free drug screening equipment from one of the largest laboratories in the country. We successfully persuaded the United States Department of Justice to decline bringing criminal or civil charges, and the matter was eventually resolved with minor civil penalties paid to the United States Department of Health and Human Services / Office of Inspector General and avoidance of any administrative sanctions, including exclusion from participation in public health programs.
Settlement of Ambulance Company OIG Voluntary Disclosure matter
Medicare billing and coding requirements are complex and present compliance risks for all types of providers. Mitigating these compliance risks requires experienced and sophisticated legal counsel. We represented an Ohio Ambulance Company in negotiating a settlement with the Office of the Inspector General and the Ohio Attorney General (collectively “Government”) in a matter involving non-emergency transport claims that did not meet Medicare’s medical necessity requirements. Our client voluntarily disclosed their billing errors to the Government, and they declined to pursue criminal charges. We then pursued a global resolution of the civil and administrative issues, and eventually settled this matter for an amount that was agreeable to our client.
State Grand Jury Investigation
We represented a physician who had been designated as a “target” of a state grand jury investigation focusing on alleged healthcare fraud and false statements violations. After completion of an internal investigation and meetings with and presentations to the local prosecuting attorney, the investigation against our client was closed with no criminal charges filed and all civil and administrative matters resolved favorably to the client.
Successfully defended state official during investigation of possible conflicts of interest
Defended an Equipment Supplier Against Anti-trust Allegations
We represented a national equipment supplier suspected of anti-trust violations. The government’s anti-trust division believed the company was colluding with competitors to pre-determine bids for certain opportunities. We conducted a three year investigation, interviewing more than 60 sales personnel across the country and reviewing thousands of emails. Ultimately, our report to the Department of Justice resulted in the end of the investigation.
Advised our Client Regarding Possible ITAR Violation
We identified a potential ITAR violation for a small specialty chemical company based on failure to register as an ITAR manufacturer. We advised our client regarding ITAR registration and voluntary self-disclosure.
Dismissal of Federal Criminal Tax Indictment
Federal Grand Jury Investigation
Federal Grand Jury Investigation
We represented a physician who had been designated as a “target” of a federal grand jury investigation focusing on alleged anti-kickback violations. After completion of an internal investigation and meetings with and presentations to United States Department of Justice and United States Department of Health and Human Services officials, the investigation against our client was closed with no criminal charges filed.
Federal Grand Jury Investigation
Settlement of a Hospital OIG Voluntary Disclosure Matter
Evolving and complex legislation in the health care arena can provide a myriad of challenges for providers, and overcoming the challenges requires effective and efficient legal counsel. We represented an Ohio hospital that disclosed information about improper financial relationships with referring physicians in response to claims of violating the False Claims Act, the Anti-Kickback Statute and the Stark Statute. Our client had a relationship with two physicians – a joint venture with a pain management physician and also an arrangement where our client purchased intraocular lenses at an inflated price from an ophthalmologist. Both relationships were alleged to have violated statutory requirements. We represented the client in negotiating a settlement with the Department of Justice, the Office of the Inspector General and the Ohio Attorney General (collectively “Government”). During the negotiations, our client disclosed that some of their arrangements with physicians for violated the federal Anti-Kickback Statute because they did not meet the requirements of the relevant safe harbors. Criminal charges against our client were declined, and we worked to address the civil and administrative issues to provide a global resolution. We entered into negotiations with the Government and ultimately settled for an amount that was agreeable to our client.
Negotiation of Settlement in Stark Law Matter
Negotiation of Global Settlement in Environmental Law Matter
Negotiation of Global Settlement in Environmental Matter
Negotiation of Global Settlement in Lacey Act Investigation
Negotiation of Settlement in Misbranding Law Matter
We represented a physician who had been designated as a “target” of a federal grand jury investigation focusing on FDA allegations of misbranding. The client along with other oncologists potentially faced numerous felony charges. We successfully defended the physician, resulting in a plea agreement to a single misdemeanor, favorable resolution of all civil matters including false claims act violations and no debarment of physician.