Publications & Presentations
September 6, 2018

Southeastern White Collar Crime Institute
September 5-7, 2018 | Braselton, Georgia

Polsinelli is proud to announce that Brian F. McEvoy, chair of the firm's Government Investigations practice group, will moderate at the annual Southeastern White Collar Crime Institute, presented by the American Bar Association (ABA) and sponsored by Polsinelli. This two-day program, held at the Château Élan Winery & Resort in Braselton, Georgia, will feature more than 30 expert practitioners covering current industry topics such as:

  • Search Warrants and Taint Teams - Re-examining The Process of Defending Clients in a Digital Age for Searches & Seizures
  • All for One and One for All? - Joint Defense Agreements in Complex White Collar Cases After the Yates Memorandum
  • Health Care Enforcement and the False Claims Act (FCA) - Industry Trends and Legal Developments
  • The Department of Justice in the Trump Administration - An Analysis of Changes in DOJ Policy and Structure, and Enforcement Priorities
  • Read the Menu Carefully - Charging Decisions & Defense Strategies in Public Corruption Cases
  • Above and Below - An Annual Review of Supreme Court & Significant Appellate Court Decisions
  • A View from the Bench
  • Ethical Guidance in the Corporate Board Room


Introductions and Announcements
Thursday, September 6, 2018 | 8:30 - 8:45 am
Co-Presented by: Brian F. McEvoy

Health Care Enforcement and the False Claims Act (FCA) - Industry Trends and Legal Developments
Thursday, September 6, 2018 | 1:00 - 2:30 pm
Moderated by: Brian F. McEvoy

This panel will examine the state of health care investigations and prosecutions at the federal and state levels in 2017 - 2018. In recent months the Affordable Care Act has undergone substantial modification by the actions of the Trump Administration and Congress; however, the civil and criminal enforcement landscape has remained largely the same. Both the DOJ and HHS have shown increased interests in holding individuals together with corporations responsible under the continuation of the guidance developed by the Yates Memo. The Anti-Kickback Statute continued to be the favorite weapon in the government's arsenal with the increasing utilization of RICO in the indictments of doctors, pharmacists and pharmaceutical companies. On the civil side of things, the False Claims Act continued to play a central role in driving large settlements. Both the implied certification theory of liability in FCA cases and statistical sampling in establishing liability remained central to the developments that this panel will discuss.