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Published 10.22.2015 | Share

Ryan Stumphauzer has been invited to speak at the National Association of Criminal Defense Lawyers' (NACDL) 11th Annual White Collar Seminar.  Mr. Stumphauzer will serve on a panel titled "Rx for Defense: Protecting Healthcare Clients from Criminal Charges" along with Marcos Hasbun of Zuckerman Spaeder, Jennifer Bragg of Skadden Arps, and Tracy Miner of Demeo LLP.  The panel will discuss several topics that are pertinent to institutional health care providers, senior healthcare executives and licensed health care professionals, including:

  • The DOJ Criminal Division's new policy, announced in September 2014, that it will review all civil cases filed pursuant to the False Claims Act to determine whether a parallel criminal proceeding should be opened.  What does this mean for health care providers and licensed professionals that receive Civil Investigative Demands?  Will CIDs issued by the Civil Division serve as the stalking horse for criminal investigations?  Should individuals invoke their 5th amendment rights and, if so, what are the consequences for the corporation? 
  • The Yates memorandum, issued in September 2015, instructs all DOJ prosecutors to focus on individual culpability of corporate executives when conducting criminal investigations.    How will this significant policy memo impact how corporations conduct internal investigations of misconduct?  Will corporations take a morning aggressive approach in blaming individual executives for misconduct?  
  • In the past few years, the Department of Justice has been extraordinarily aggressive in prosecuting physicians for medically unnecessary surgeries?  Where is the line between medical judgment and criminal culpability?  What can physicians do to protect themselves?

Mr. Stumphauzer is a frequent media commentator and public speaker on issues of health care fraud and abuse.  He is available to consult health care providers that are facing government investigations under the False Claims Act, Anti-Kickback Statute, Civil Monetary Penalty Law and other statutes.  

 

 

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