An individual or entity charged with criminal or civil violations for corporate wrongdoing or fraud against the government may attempt to use their effective compliance program as evidence to reduce liability. Some scholars and practitioners have suggested that an effective compliance program can essentially be a defense to criminal charges, but there is no comparable defense in civil cases, leaving a significant recognition gap in the health care industry. In this article, Samantha Baccaro examines the reason for this gap and explores the DOJ’s approach to corporate compliance programs and civil False Claims Act cases.
3.22.2022