All posts by Christopher T. Grohman

Healthcare Fraud Takedowns

As a former federal prosecutor in Chicago, I am well acquainted with the phrase “takedowns.”  For the unwary, a subject-area “takedown” is a practice used by federal prosecutors to send a message to a given industry.  Prosecutors investigate and prepare to charge cases in a given industry sector and then release the charges nationally on the same day along with a press release.  The idea is that such public “takedowns” serve as a deterrent to future criminal activity in the industry. For example, almost every April 15th, prosecutors across the country release charges in dozens of tax-fraud cases. Continue reading Healthcare Fraud Takedowns

The Department of Justice Speaks on the Adequacy of Corporate Compliance Programs

In mid-February, the Department of Justice’s Fraud Section issued a publication entitled “Evaluation of Corporate Compliance Programs,” (“Compliance Memorandum”) which highlighted important topics and reoccurring problems in the compliance arena.   This is the first such guidance that this Section has published on this topic since President Donald J. Trump assumed office.

This publication considers the “Filip Factors,” named for a Deputy Assistant Attorney General, who wrote the memorandum entitled “Principles of Federal Prosecution of Business Organization.”  The Filip Memo highlighted 10 separate factors that federal prosecutors analyze when making charging decisions with respect to corporate officers.  One of the main factors used is an analysis of “the existence and effectiveness of the company’s pre-existing compliance program.”  The DOJ drafted the new Compliance Memorandum to provide more transparency to corporate officers regarding how federal prosecutors will undertake particularized evaluations of corporations’ unique compliance programs when making charging decisions in the wake of potential corporate wrongdoing. Continue reading The Department of Justice Speaks on the Adequacy of Corporate Compliance Programs