A Practical, New Tool For Understanding And Handling Compliance Programs And Government Investigations

Author:Ms Leslie Mcadoo-Brobson
Profession:Holland & Knight LLP

Oceana Publications recently released a valuable new resource in the fight to

avoid and defend against federal investigations and prosecutions. Corporate

Fraud Investigations & Compliance Programs is a practical, succinct

reference tool for developing effective compliance programs, conducting internal

investigations, and responding to law enforcement investigations or prosecutions

of organizations and/or their officers. The book was authored principally by

Eugene M. Propper, a partner in the Washington, D.C. office of Holland &

Knight LLP, with support from a number of Holland & Knight attorneys, who

drew upon decades of collective experience in addressing these issues.

As the federal government increases law enforcement activities, healthcare

organizations are under increasing threat of investigation and prosecution for

alleged fraud and abuse. Corporate Fraud Investigations & Compliance

Programs lays out, in simple, straightforward language, myriad practical advice

and information to assist organizations in avoiding and defending against these

kinds of investigations and prosecutions.

A sample of the topics covered includes:

the potential liability of organizations and their officers and agents for

acts by employees or the organization

the duties of management to address organizational misconduct

how and when to conduct internal investigations

how to protect proprietary information and internal investigative results

the pitfalls and concerns surrounding parallel civil, criminal and

administrative proceedings

the application of the Federal Sentencing Guidelines to organizations

how to implement an effective compliance program

forensic accounting for internal investigations

Of particular importance to the healthcare community, Corporate Fraud

Investigations & Compliance Programs has a chapter devoted to the statutes

and regulations applicable to the industry. It explains in detail the criminal

and civil False Claims Act, the Anti-Kickback Statute, and the Stark Law

prohibiting self-referrals. In addition, it describes the new authority given to

the government to investigate and prosecute alleged offenses under the Health

Insurance Portability and Accountability Act of 1996. Finally, it examines the

Balanced Budget Act of 1997 and its effects on the health care industry.

Further, Corporate Fraud Investigations & Compliance Programs details the

enforcement initiatives of the Department of Health and...

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