Fraud and Abuse Litigation and Investigations

Entities operating in the health care and pharmaceutical space increasingly are targeted by the DOJ, HHS OIG, individual U.S. Attorney’s Offices, and state attorneys general, all seeking to enforce a wide range of fraud and abuse laws, such as the False Claims Act, the Anti-Kickback Act, Medicare and Medicaid regulations, the Food, Drug and Cosmetic Act, the Prescription Drug Marketing Act, the U.S. Foreign Corrupt Practices Act (FCPA), health care fraud and other criminal statutes. 

Pepper’s Health Sciences Department includes a highly skilled group of experienced corporate counsel, federal/state prosecutors and FBI agents who represent pharmaceutical manufacturers, acute care hospitals, academic medical centers, specialty hospitals, and other industry clients facing investigation or prosecution by federal and state authorities seeking to enforce these laws.

We represent clients facing investigation and prosecution by state and federal authorities, including the U.S. Attorneys’ offices, state attorneys general and Congressional oversight committees. Our broad and deep industry experience is the cornerstone of our white collar defense and corporate investigation practice in the health care and pharmaceutical space. 

To assist compliance efforts, and reduce enterprise risk for our clients, Pepper also provides a consultative regulatory investigation service that conducts field testing of compliance plan design and operation, before regulators arrive. This process enables identification of intentional misconduct and testing of compliance effectiveness by identifying issues from a regulatory perspective, based on investigative techniques used during federal and state regulatory investigations. The consultation will identify vulnerabilities and remediation measures, such as plan and work-flow changes, and is indicative of a provider’s intent to operate appropriately.

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