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Cases in Court
Former Military Dentist Sentenced and Fined
Chui Lun Lui, a former military dentist practicing in Maryland, has been sentenced to a term of 2 years' probation in a federal criminal case, and agreed to pay $100,000 to settle a False Claims Act case arising from the same investigation, according to the U.S. Attorney's Office for the District of Maryland. The investigation, conducted by United Concordia Companies, Inc. and TRICARE Management Activity, resulted in government allegations that Dr. Lui had caused false claims to be submitted for reimbursement to TRICARE over a 2-year period (from 1997 to 1999) for dental work allegedly performed on children of Armed Services personnel. The dental work involved was medically unnecessary periodontal scaling and root planing, a painful and lengthy procedure used to treat gum diseases. According to the government, Dr. Lui submitted claims for this procedure without having x-rays or other documentation to show any medical necessity for the treatment.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.