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Features

The Rise of the Travel Act Image

The Rise of the Travel Act

Jonathan S. Feld, Monica B. Wilkinson, Lea F. Courington & Alison L. Carruthers

The DOJ continues to prioritize health care anti-fraud enforcement through the aggressive use of different statutes and investigative methods. Now, the government is putting a 60-year-old tool to a new use: It is using the federal Travel Act to pursue criminal charges against health care entities in connection with health care bribery/kickback schemes. This article discusses these recent actions and the potential ramifications of the expansion of the scope of the Travel Act.

Features

Antitrust Corporate Dispositions Image

Antitrust Corporate Dispositions

Marc Siegel

This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel — as well as "spin-off" counsel for individual employees — can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.

Features

The Arrival of Justice Gorsuch May Bring Opportunity to Reform the Collective Entity Doctrine Image

The Arrival of Justice Gorsuch May Bring Opportunity to Reform the Collective Entity Doctrine

Preston Burton, Bree Murphy & Leslie Meredith

Recognizing a Fifth Amendment privilege for corporations — whether through wholesale abolition of the collective entity doctrine or by recognizing some limited exception for custodians of smaller corporations — would not foreclose meaningful white-collar prosecutions, but it would restore protection of the Fifth Amendment rights of individuals who are sacrificed under the current bright-line rule. Will Justice Gorsuch help in this endeavor?

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