Compliance, Investigations & White Collar

Shapiro Offers Guidance to Health Food Retailers amid COVID
July 2, 2020 | Steven Shapiro | Compliance, Investigations & White Collar

Steven Shapiro wrote an article for Vitamin Retailer entitled, “Operating a Health Food Retail Establishment in the Age of Coronavirus.”

The article covers the measures retailers have taken to respond to the pandemic, including selling hand sanitizers and gloves, as well as the dangers of making claims about products purported to cure COVID-19. It also

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New Executive Orders Aid OPWDD Facilities amid COVID-19
May 18, 2020 | John F. Queenan | Health Services | Compliance, Investigations & White Collar

In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD).


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Whether Buying or Selling PPE, Protect Yourself
May 15, 2020 | Michael Vanunu | Compliance, Investigations & White Collar

There is no question that the COVID-19 pandemic has caused a shortage of personal protective equipment (PPE) and certain cleaning supplies. Although it may be tempting for manufacturers, suppliers and others with access to inventory or production of those products to use the supply shortage as a business opportunity, business owners should proceed with caution

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Supreme Court Reverses ‘Bridgegate’ Convictions
| Michael Vanunu | Compliance, Investigations & White Collar

Last week, the Supreme Court of the United States issued a decision in Kelly v. United States[1] that limits federal prosecutors’ ability to seek criminal charges for public corruption.

The Kelly case concerns the 2013 “Bridgegate” scandal that resulted in the prosecutions of Bridget Kelly, Deputy Chief of Staff to former New Jersey Governor Chris

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Kaiser Authors Article for Law360 on False Claims Act
May 13, 2020 | Geoffrey R. Kaiser | Health Services | Compliance, Investigations & White Collar

False Claims Act, Medical Necessity and Government Regulation of Medicine

In recent years, much attention has been paid to what makes a claim “false” under the False Claims Act (“FCA”) when the underlying misconduct is based on the alleged lack of medical necessity for the services provided.  Bearing on this issue are Court of Appeals

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Blue Bell Creameries Pleads Guilty to 2015 Listeria Outbreak, Former CEO Charged
May 5, 2020 | Marc S. Ullman | Compliance, Investigations & White Collar | Commercial Litigation

The United States Department of Justice (DOJ) announced that it had reached an agreement with Blue Bell Creameries of Brenham, Texas, to permit the company to plead guilty to two misdemeanor counts of distributing adulterated ice cream in violation of the federal Food Drug and Cosmetic Act and pay a criminal fine and forfeiture amount

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Healthcare Providers Receive ‘Helicopter Money’ with Strings Attached
April 27, 2020 | Robert H. Iseman | Health Services | Compliance, Investigations & White Collar

In 1969, noted economist Milton Friedman coined the term “helicopter money” to describe the monetary policy of injecting liquidity into the market, much like dropping money to people from helicopters, as an alternative to quantitative easing. The CARES Act, popularly referred to as the Provider Relief Fund is a “helicopter” that dropped a lot of

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Ullman Published in Nutrition Industry Executive
| Health Services | Compliance, Investigations & White Collar

Marc Ullman published an article in Nutrition Industry Executive entitled, “The ABH Nature’s Products Recall – Lessons for Own Label Distributors.”

Click here to read the article.

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Little COVID-19 Relief for Facilities and Providers Subject to Justice Center Actions
April 23, 2020 | John F. Queenan | Health Services | Compliance, Investigations & White Collar

Although Executive Order 202.10 gave health care providers some immunity for COVID-19 related care, this immunity does not extend to actions by the Justice Center for the Protection of People with Special Needs (“Justice Center”). A provider or facility could be prosecuted for allegations of abuse or neglect by the Justice Center for actions taken

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FTC and FCC Take Joint Action to Stop COVID-19 Scam Robocalls
April 8, 2020 | Marc S. Ullman | Compliance, Investigations & White Collar

On April 3, 2020 the Federal Trade Commission (FTC) and the Federal Communication Commission (FCC) announced that they had issued Warning Letters to VoIP providers: SIPJoin, Connexum and VoIP Terminator d/b/a BLMarketing. According to the letters, investigations have revealed that the companies transmitted calls offering fraudulent COVID-19 home testing kits or claiming that HVAC cleaning

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