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Articles by Ellen Persons
DOJ Raises the Stakes: New Whistleblower Program Fast-Tracks Rewards for Fraud Tips
The Department of Justice (DOJ) announced a new Fraud Whistleblower Incentive Program (WHIP) on Oct. 20, a three-year pilot program offering discretionary awards from $10,000 to $30,000 to eligible individuals whose tips lead to criminal fraud charges, without requiring a conviction or final resolution of the case. The announcement follows DOJ’s Oct.
New Bets, New Risks: Prediction Markets Raise the Stakes for Corporate Compliance | JD Supra
The Department of Justice (DOJ) and Commodity Futures Trading Commission (CFTC) have begun bringing parallel criminal and civil actions against individuals accused of using confidential information to trade event contracts on prediction-market platforms. The CFTC has identified prediction-market insider trading as an enforcement priority and stated that the Commodity Exchange Act's anti-fraud provisions apply when a person trades using material nonpublic information.
From Ferraris to Affiliates: DOJ's PPP Enforcement Focus Turns Civil | JD Supra
The Paycheck Protection Program (PPP) enforcement spotlight has shifted. The early criminal cases involving fancy cars, jewelry and other luxury purchases are giving way to civil False Claims Act (FCA) matters focused on employee headcount, affiliation and foreign corporate families. Many investigations now begin with public-data matching and analytics rather than insider knowledge.
FCA Qui Tam Provisions Survive Eleventh Circuit Appointments Clause Review
Key Updates The Eleventh Circuit held that FCA relators are not “officers of the United States” because they do not occupy a continuing position established by law. The court vacated the district court’s dismissal of the underlying action and rejected its conclusion that the FCA’s qui tam provisions violate the Appointments Clause and remanded the case for consideration of defendants’ arguments under the Take Care Clause and Vesting Clause.
Sixth Circuit Holds The Line On FCA Qui Tam Challenges As Eleventh Circuit Looms
Ellen H. Persons’s articles from Polsinelli LLP are most popular: in United States with readers working within the Accounting & Consultancy industries Polsinelli LLP are most popular: within International Law, Privacy and Employment and HR topic(s) Sixth Circuit FCA precedent remains intact.
Sixth Circuit Holds the Line on FCA Qui Tam Challenges as Eleventh Circuit Looms | JD Supra
Sixth Circuit FCA precedent remains intact. The Sixth Circuit declined to entertain constitutional challenges to the FCA’s qui tam provisions, emphasizing that binding circuit precedent forecloses arguments under the Appointments Clause, the Take Care Clause and Article III standing. Focus remains on the Eleventh Circuit.
Sixth Circuit Holds the Line on FCA Qui Tam Challenges as Eleventh Circuit Looms
Key Takeaways: Sixth Circuit FCA precedent remains intact. The Sixth Circuit declined to entertain constitutional challenges to the FCA’s qui tam provisions, emphasizing that binding circuit precedent forecloses arguments under the Appointments Clause, the Take Care Clause and Article III standing. Focus remains on the Eleventh Circuit.
White House Announces New National Fraud Enforcement Division At DOJ
PL Polsinelli LLP More Polsinelli is an Am Law 100 firm with more than 1,200 attorneys in over 25 offices nationwide. Recognized by legal research firm BTI Consulting as one of the top firms for excellent client service and client relationships, Polsinelli attorneys provide value through practical legal counsel infused with business insight and focus on health care, real estate, finance, technology, private equity and corporate transactions.
No Second-Guessing Required: First Circuit Limits FCA Liability For Clinical Labs
PL Polsinelli LLP More Polsinelli is an Am Law 100 firm with more than 1,200 attorneys in over 25 offices nationwide. Recognized by legal research firm BTI Consulting as one of the top firms for excellent client service and client relationships, Polsinelli attorneys provide value through practical legal counsel infused with business insight and focus on health care, real estate, finance, technology, private equity and corporate transactions.
White House Announces New National Fraud Enforcement Division at DOJ | JD Supra
Key Takeaways New Fraud Division: The White House announced the creation of a new DOJ Division for National Fraud Enforcement, signaling a more coordinated, nationwide approach to civil and criminal fraud investigations and increasing the likelihood of multi-district and parallel enforcement actions.
No Second-Guessing Required: First Circuit Limits FCA Liability for Clinical Labs | JD Supra
Key Takeaways Reliance on Physician Orders: Clinical laboratories may generally rely on physician orders to establish medical necessity and are not required to independently reassess clinical judgment. Burden Shifting: A physician’s order generally provides a safe harbor regarding medical necessity and, once a defendant shows it acted in accordance with an order, it is up to the relator to produce evidence that undermines the lab’s reliance on that order.
White House Announces New National Fraud Enforcement Division at DOJ
New Fraud Division: The White House announced the creation of a new DOJ Division for National Fraud Enforcement, signaling a more coordinated, nationwide approach to civil and criminal fraud investigations and increasing the likelihood of multi-district and parallel enforcement actions.
No Second-Guessing Required: First Circuit Limits FCA Liability for Clinical Labs
Reliance on Physician Orders: Clinical laboratories may generally rely on physician orders to establish medical necessity and are not required to independently reassess clinical judgment. Burden Shifting: A physician’s order generally provides a safe harbor regarding medical necessity and, once a defendant shows it acted in accordance with an order, it is up to the relator to produce evidence that undermines the lab’s reliance on that order.
FCA At A Crossroads: Eleventh Circuit Case Could Upend Qui Tam Actions
Polsinelli LLP are most popular: within International Law, Intellectual Property, Food, Drugs, Healthcare and Life Sciences topic(s) with readers working within the Healthcare industries Eleventh Circuit Hears Landmark Qui Tam Appeal: The Eleventh Circuit heard oral argument in United States ex rel. Zafirov, an appeal from a district court decision holding the FCA's qui tam provisions unconstitutional under Article II — an unprecedented ruling that has generated significant national attention.
FCA at a Crossroads: Eleventh Circuit Case Could Upend Qui Tam Actions | JD Supra
Key Takeaways Eleventh Circuit Hears Landmark Qui Tam Appeal: The Eleventh Circuit heard oral argument in United States ex rel. Zafirov, an appeal from a district court decision holding the FCA’s qui tam provisions unconstitutional under Article II — an unprecedented ruling that has generated significant national attention.
Eleventh Circuit Hears Appeal on Qui Tam Constitutionality
Key Takeaways Eleventh Circuit Hears Landmark Qui Tam Appeal: The Eleventh Circuit heard oral argument in United States ex rel. Zafirov, an appeal from a district court decision holding the FCA’s qui tam provisions unconstitutional under Article II — an unprecedented ruling that has generated significant national attention.
EKRA Gets Teeth: Ninth Circuit Strengthens EKRA Enforcement in Schena Ruling | JD Supra
Key Takeaways First Appellate Interpretation of EKRA: The Ninth Circuit’s decision in United States v. Schena marks the first appellate court interpretation of the Eliminating Kickbacks in Recovery Act (EKRA), affirming that the statute applies beyond traditional payors to include private insurers.
EKRA Gets Teeth: Ninth Circuit Strengthens EKRA Enforcement in Schena Ruling
First Appellate Interpretation of EKRA: The Ninth Circuit’s decision in United States v. Schena marks the first appellate court interpretation of the Eliminating Kickbacks in Recovery Act (EKRA), affirming that the statute applies beyond traditional payors to include private insurers.
DOJ Unveils Record-Breaking National Health Care Fraud Takedown | JD Supra
Key Takeaways DOJ’s 2025 National Health Care Fraud Takedown was a record-breaking operation that resulted in criminal charges against 324 defendants and targeted schemes involving over $14.6 billion in intended losses. The operation focused on major fraud areas, including transnational criminal organizations, the use of and billing for wound care products, opioid trafficking, and telemedicine and genetic testing fraud.
New York’s Master Plan for Aging: What Legal, Health, and Policy Leaders Need to Know
On June 30, 2025, New York State released its long-anticipated Master Plan for Aging (MPA), a 10-year strategic framework designed to improve the way the state supports older adults, individuals with disabilities, and family caregivers. With more than 25% of New Yorkers expected to be over the age of 60 by 2030, the MPA arrives at a critical demographic inflection point.
DOJ 2025 National Health Care Fraud Takedown was Record-Breaking
Skip to main content July 01, 2025 Volume XV, Number 182 Legal Analysis. Expertly Written. Quickly Found.
DOJ Civil Division Refocuses Affirmative Enforcement Priorities | JD Supra
Key Takeaways from DOJ’s 2025 Civil Division Mandate Expanded Use of the False Claims Act (FCA) 1 The government is broadening its application of the FCA beyond traditional garden-variety fraud. As discussed in Polsinelli’s May 27 update, the expansion includes a focus on bringing actions against entities receiving federal funds that allegedly discriminate on the basis of race, sex or religion through unlawful or overbroad DEI programs.
DOJ Civil Division Refocuses Affirmative Enforcement Priorities
Key Takeaways from DOJ’s 2025 Civil Division Mandate Expanded Use of the False Claims Act (FCA) 1 The government is broadening its application of the FCA beyond traditional garden-variety fraud. As discussed in Polsinelli’s May 27 update, the expansion includes a focus on bringing actions against entities receiving federal funds that allegedly discriminate on the basis of race, sex or religion through unlawful or overbroad DEI programs.
Focus, Fairness and Efficiency: DOJ Reveals Administration’s Plans for Enforcement of Corporate and White-Collar Crime | JD Supra
DOJ Criminal Division will prioritize enforcement in key areas, including health care fraud, trade and customs violations and national security-related financial crimes. Companies that voluntarily self-disclose, cooperate and remediate may qualify for declinations, reduced penalties and shortened compliance obligations even where aggravating factors are present.
Focus, Fairness and Efficiency: DOJ Reveals Administration’s Plans for Enforcement of Corporate and White-Collar Crime
DOJ Criminal Division will prioritize enforcement in key areas, including health care fraud, trade and customs violations and national security-related financial crimes. Companies that voluntarily self-disclose, cooperate and remediate may qualify for declinations, reduced penalties and shortened compliance obligations even where aggravating factors are present.
Seventh Circuit Reverses Conviction in Landmark Anti-Kickback Case
In a pivotal decision on April 14, 2025, the Seventh Circuit Court of Appeals overturned the conviction of Mark Sorensen, owner of SyMed Inc. (SyMed), finding insufficient evidence to support a violation of the federal Anti-Kickback Statute (AKS).1 The Court’s ruling delineates the boundaries between lawful marketing practices and illegal kickbacks in the health care industry.
A Deepened Divide: Appellate Court Joins False Claims Act Circuit Split in Favor of Health Care Defendants | JD Supra
On February 18, 2025, the United States Court of Appeals for the First Circuit issued its opinion in United States v.
A Deepened Divide: Appellate Court Joins False Claims Act Circuit Split in Favor of Health Care Defendants
On February 18, 2025, the United States Court of Appeals for the First Circuit issued its opinion in United States v.
SEC Approves Nasdaq Proposed Rules Modifying Minimum Bid Price Compliance Periods and Delisting Process
On January 17, the US Securities and Exchange Commission (SEC) approved Nasdaq’s proposed rule changes addressing companies that fail to meet the minimum bid price requirements of $1 per share and the subsequent delisting process. The rule changes revise Nasdaq Rules 5810 and 5815, which require that a company with equity listed on Nasdaq maintain a minimum bid price of at least $1 per share.
A Changing Enforcement Landscape Under the New Administration | JD Supra
As the Trump Administration embarks on its second term, significant shifts in government enforcement priorities are quickly taking shape. Not surprisingly, this administration appears to be focusing on immigration, drug and violent crime offenses, and traditional fraud rather than more novel white-collar enforcement. Additionally, it appears as though the Department of Justice will face potential resource issues due to the efforts of the Department of Government Efficiency (DOGE).
A Changing Enforcement Landscape Under the New Administration
Skip to main content February 11, 2025 Volume XV, Number 42 Legal Analysis. Expertly Written. Quickly Found. Trending News A Changing Enforcement Landscape Under the New Administration Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard As the Trump Administration embarks on its second term, significant shifts in government enforcement priorities are quickly taking shape.
DOJ Announces Modest Increase In FCA Recoveries, Fueled Largely By Whistleblower Lawsuits
The Department of Justice ("DOJ") recently announced a modest increase in monetary recoveries for 2024 from investigations and lawsuits under the False Claims Act ("FCA"), which is the Government's primary tool for combating fraud, waste, and abuse. In fiscal year 2024, the DOJ recovered over $2.9 billion from FCA settlements and judgments, marking a 5% increase over 2023's total and the highest amount in three years.
DOJ Announces Modest Increase in FCA Recoveries, Fueled Largely by Whistleblower Lawsuits
The Department of Justice (“DOJ”) recently announced a modest increase in monetary recoveries for 2024 from investigations and lawsuits under the False Claims Act (“FCA”), which is the Government’s primary tool for combating fraud, waste, and abuse. In fiscal year 2024, the DOJ recovered over $2.9 billion from FCA settlements and judgments, marking a 5% increase over 2023’s total and the highest amount in three years.
DOJ Announces Modest Increase in FCA Recoveries, Fueled Largely by Whistleblower Lawsuits | JD Supra
The Department of Justice (“DOJ”) recently announced a modest increase in monetary recoveries for 2024 from investigations and lawsuits under the False Claims Act (“FCA”), which is the Government’s primary tool for combating fraud, waste, and abuse. In fiscal year 2024, the DOJ recovered over $2.9 billion from FCA settlements and judgments, marking a 5% increase over 2023’s total and the highest amount in three years.
Ready for Takeoff - DOJ’s Criminal Division Corporate Whistleblower Awards Pilot Program Launched | JD Supra
On August 1, 2024, the Criminal Division of the Department of Justice (“DOJ”) launched its anticipated nationwide Corporate Whistleblower Awards Pilot Program (“Pilot Program”), promising potential monetary awards to individual whistleblowers who provide original and truthful information that results in successful forfeiture.
Ready for Takeoff - DOJ’s Criminal Division Corporate Whistleblower Awards Pilot Program Launched
On August 1, 2024, the Criminal Division of the Department of Justice (“DOJ”) launched its anticipated nationwide Corporate Whistleblower Awards Pilot Program (“Pilot Program”), promising potential monetary awards to individual whistleblowers who provide original and truthful information that results in successful forfeiture.
False Claims Act: Appellate Court Deepens Circuit Split in Favor of Healthcare Defendants
On March 28, 2023, the United States Court of Appeals for the Sixth Circuit issued its opinion in United States ex rel. Martin v. Hathaway, holding that plaintiffs in False Claims Act (FCA) cases alleging a violation of the Anti-Kickback Statute (AKS) must establish that the false claim would not have occurred "but for" the illegal kickbacks.
False Claims Act: Appellate Court Deepens Circuit Split in Favor of Healthcare Defendants | JD Supra
On March 28, 2023, the United States Court of Appeals for the Sixth Circuit issued its opinion in United States ex rel. Martin v. Hathaway, holding that plaintiffs in False Claims Act (FCA) cases alleging a violation of the Anti-Kickback Statute (AKS) must establish that the false claim would not have occurred "but for" the illegal kickbacks.
Annual ABA White Collar Conference Brings Additional Updates to DOJ Corporate Enforcement Policy | JD Supra
Last week at the American Bar Association’s annual National Institute on White Collar Crime in Miami, Deputy Attorney General Lisa Monaco and Assistant Attorney General Kenneth A. Polite highlighted several new facets of the Department of Justice’s (DOJ) corporate criminal enforcement policies. As previously covered, the DOJ announced on February 22, 2023, effective immediately, national policies regarding corporate voluntary self-disclosure.
Annual ABA White Collar Conference Brings Additional Updates to DOJ Corporate Enforcement Policy
Last week at the American Bar Association’s annual National Institute on White Collar Crime in Miami, Deputy Attorney General Lisa Monaco and Assistant Attorney General Kenneth A. Polite highlighted several new facets of the Department of Justice’s (DOJ) corporate criminal enforcement policies. As previously covered, the DOJ announced on February 22, 2023, effective immediately, national policies regarding corporate voluntary self-disclosure.
DOJ Announces New Nationwide Voluntary Self-Disclosure Policy
On Wednesday, February 22, 2023, the Department of Justice (“DOJ”) released a new nationwide voluntary self-disclosure policy for corporate criminal enforcement. The policy codifies previous corporate enforcement guidance issued by DOJ in September 2022.
DOJ Announced 2022 False Claims Act Recoveries
Tuesday, February 21, 2023 The Department of Justice (DOJ) recently announced its False Claims Act (FCA) Recoveries for 2022, with the second-highest number of settlements in history. While the number of settlements increased, the total amount of dollar recoveries declined. Each year, the DOJ publishes statistics about its recoveries under the FCA and the number of new FCA matters filed during the prior year.
False Claims Act Recoveries 2022 | JD Supra
The Department of Justice (DOJ) recently announced its False Claims Act (FCA) Recoveries for 2022, with the second-highest number of settlements in history. While the number of settlements increased, the total amount of dollar recoveries declined. Each year, the DOJ publishes statistics about its recoveries under the FCA and the number of new FCA matters filed during the prior year.
President Biden Extends Statute of Limitations for PPP and EIDL Fraud to Ten Years | JD Supra
In August, President Biden signed two bills into law that give the Department of Justice and other federal agencies more time to investigate and prosecute Paycheck Protection Program (“PPP”) and COVID-19 Economic Injury Disaster Loan (“EIDL”) cases. H.R. 7352, the “PPP and Bank Fraud Enforcement Harmonization Act of 2022” and H.R. 7334, the “COVID-19 EIDL Fraud Statute of Limitations Act of 2022” extend the statute of limitations for fraud charges involving PPP and EIDL fraud to ten years.
DOJ’s New Settlement Policy Demonstrates Increased Focus on Robust Compliance Programs | JD Supra
On Wednesday, Assistant Chief of DOJ Fraud Section’s Corporate Enforcement, Compliance, and Policy Unit, Lauren Kootman, confirmed the Department’s new policy of having chief compliance officers certify settlement agreements with the DOJ. These certifications will “most likely” be a part of every new agreement with the Department going forward.
DOJ’s New Settlement Policy Demonstrates Increased Focus on Robust Compliance Programs
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Economic Issues in Assessing Potential and Nascent Competition
I. Introduction Potential and nascent competition have seen renewed interest from academics and antitrust practitioners in recent years. For example, the Federal Trade Commission (“FTC”) focused on issues of potential competition during its Hearings on Competition and Consumer Protection in the 21st Century in 2018, as did the OECD during its 2020 Competition Meetings.
Department of Justice’s Antitrust Priorities in Health Care Target Private Equity, Labor, and More
In a keynote speech delivered to the American Bar Association’s Antitrust in Healthcare Conference in Arlington, Virginia on Friday, June 3, 2022, Deputy Assistant Attorney General Andrew Forman of the Department of Justice’s Antitrust Division stressed the Division’s keen interest in robust enforcement of antitrust laws in the health care and life sciences sector, while also laying out several key areas of focus for civil antitrust enforcement.
Supplier Alert: Key Changes in Stellantis/FCA New Terms and Conditions
In December 2021, FCA US LLC and Stellantis N.V. (“Stellantis”) issued new purchase order terms and conditions, that significantly changed the default terms between Stellantis and its suppliers. The supply base found many of the new terms objectionable.
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