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Join MoFo for a Life Sciences CLE Webinar on AKS/FCA Enforcement Trends

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We invite you to join MoFo’s Life Sciences + Healthcare Compliance and Enforcement Group for a look back at what we learned in 2023 and a discussion of what we expect to see in 2024 from federal prosecutors and State AGs regarding enforcement of the False Claims Act (FCA) and related statutes.

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We invite you to join MoFo’s Life Sciences + Healthcare Compliance and Enforcement Group for a look back at what we learned in 2023 and a discussion of what we expect to see in 2024 from federal prosecutors and State AGs regarding enforcement of the False Claims Act (FCA) and related statutes. This CLE webinar will cover the new focus on AI in healthcare, expected scrutiny of investors and third parties in the healthcare space, and cybersecurity standards, among other topics. <a href="https://www.veracast.com/webcasts/mofo/mcle-programs/06Osjm.cfm" target="_blank">Register</a> to attend.Speakers:<ul><li>Adam Braverman (San Diego) – former Associate Deputy Attorney General at DOJ & former U.S. Attorney for the Southern District of California</li><li>Nathaniel Mendell (Boston) – former Acting U.S. Attorney for the District of Massachusetts</li><li>Carrie H. Cohen (New York) – former Assistant U.S. Attorney for the Southern District of New York & former Chief of the Public Integrity Bureau for the New York Attorney General</li></ul><hr>

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Adam L. Braverman is a partner in Morrison Foerster’s Investigations + White Collar Defense practice. Adam formerly served as an Associate Deputy Attorney General for the U.S. Department of Justice (DOJ) and as the U.S. Attorney for the Southern District of California. Adam has represented public and private companies and their executives in complex government-facing probes, which have resulted in favorable outcomes and declinations by the government. He also represents boards of directors and companies in conducting complex internal investigations and compliance reviews. He has particular experience representing clients in investigations related to the False Claims Act (FCA) and Anti-Kickback Statute (AKS), procurement fraud, bribery, and national security, among other issues. He has successfully represented public companies and their boards of directors and officers in SEC enforcement actions and securities class actions. Adam also designs compliance policies on behalf of corporate clients and conducts trainings to ensure best practices in light of recent revisions to DOJ’s Evaluation of Corporate Compliance Programs and Corporate Criminal Enforcement Policies.Additionally, Adam advises clients on all aspects of complex commercial litigation in federal and state trial and appellate courts and in arbitration. He has represented clients in actions involving breaches of contracts and a wide array of complex commercial disputes.Before joining MoFo, Adam spent 13 years at DOJ, where he served in senior-level leadership positions in multiple administrations. As an Associate Deputy Attorney General, he advised the Deputy Attorney General on litigation and policy matters and was designated to coordinate DOJ’s efforts to investigate and prosecute fraud in connection with COVID-19 and CARES Act relief funds. During his tenure, he worked closely with all of DOJ’s law enforcement agencies, other federal agencies, INTERPOL, and state and local law enforcement agencies and associations.Adam also served as U.S. Attorney for the Southern District of California, where he managed one of the largest and busiest U.S. Attorney’s Offices in the country, comprised of nearly 300 employees. In this role, Adam was responsible for enforcing all violations of federal law in the district and defending the nation in all civil lawsuits. Prior to becoming U.S. Attorney, Adam was an Assistant U.S. Attorney and Deputy Chief, leading complex investigations and prosecutions of large-scale international criminal organizations. Prior to joining the government, Adam was an associate at a leading global law firm, where he dedicated his practice to civil litigation, white collar criminal cases, and internal investigations.Adam received his J.D. from the George Washington University School of Law and his B.A., cum laude, from the George Washington University.<h4>Representative Experience</h4><ul><li>A major U.S. defense contractor in an FCA matter involving allegations of fraudulent billing and workplace misconduct by a former employee in which the government declined to intervene and the relator dismissed the matter.</li><li>A small U.S. defense contractor in an FCA matter involving allegations of fraudulent billing and misrepresentations on grant applications in which the government closed its investigation.</li><li>A major U.S. defense contractor in an FCA matter involving allegations of fraudulent billing in which the court granted a motion to dismiss the matter.</li><li>An international defense contractor in a DOJ criminal investigation of allegations of bribery, wire fraud, and money laundering in which the government closed its investigation.</li><li>A major U.S. defense contractor in an investigation involving allegations of U.S. sanctions violations in which the government took no action.</li><li>A large for-profit college in multiple investigations involving allegations that the company improperly received and used federal funds in which the government closed its investigation.</li><li>An individual investigated by DOJ for alleged criminal violations of International Traffic in Arms Regulations in which the government closed its investigation.</li><li>A public company in a Securities Exchange Act Section 14(a) challenge to a proxy statement alleging material omissions in which the court denied a preliminary injunction and granted a motion to dismiss the case.</li><li>Healthcare organizations and private equity firms in FCA matters involving fraudulent billing and kickback allegations. </li><li>A professional sports team in a government investigation in which the government closed its investigation.</li><li>An entity in connection with the sale of a portion of a professional sports team.</li></ul>

Adam Braverman

Partner

Carrie H. Cohen is global co-chair of the Investigations + White Collar Defense practice group and the firm’s State + Local Government Enforcement team. Prior to joining the firm, Carrie served as an Assistant U.S. Attorney in the Southern District of New York (SDNY) where she prosecuted public corruption and securities matters, including obtaining the first trial conviction of former Speaker of the New York State Assembly Sheldon Silver. Carrie also served in the New York State Attorney General’s Office as Chief of the Public Integrity Bureau and an Assistant Attorney General in the Civil Rights Bureau where she received the Louis J. Lefkowitz Memorial Award for outstanding service. As a former federal and state prosecutor, Carrie routinely represents corporations, boards, and c-suite executives in government-facing investigative and regulatory matters with a particular focus on state and local government matters. Carrie’s extensive trial experience and distinguished record of success in high‑stakes, white collar defense matters cement her position as a leading lawyer who often is called upon for particularly sensitive matters. Carrie’s trial and white collar expertise have been recognized by a variety of organizations including Chambers USA, which describes her as “a terrific trial lawyer with great judgment and timing, [who] knows how to present complex cases in a digestible way.” Carrie also routinely prepares clients who are called to testify before Congress and state and city legislatures and works on matters that involve multijurisdictional investigations and significant media attention.Carrie is a recognized industry expert in public corruption and state and local government actions. She is frequently selected by government agencies to serve as independent counsel and issue public reports, including her appointment as independent monitor for the Federal Deposit Insurance Corporation, special counsel to the New York City Council, special independent counsel to the City of Rochester, and counsel to the California Attorney General’s Office (CA AG) as well as being part of the Monitorship Team appointed by DOJ for the global Odebrecht corruption matter. She was also appointed by Governor Kathy Hochul to the Metropolitan Transit Authority Inspector General’s Board and serves as its acting chair, and was appointed by the Chief Judge of the U.S. District Court for the Eastern District of New York as counsel to the Court’s Grievance Committee. Carrie is also an adjunct professor at the University of Pennsylvania Law School, where she teaches a seminar on Public Corruption and the Law.Carrie serves on multiple bar committees and task forces as part of her efforts to promote the rule of law. She was appointed as chair of the New York State Bar Association (NYSBA) Task Force on Domestic Terrorism and Hate Crimes and served as a member of the NYSBA Task Force on Wrongful Convictions. As a leader of the Bar, Carrie was appointed as co-chair of the Federal-State Judicial Advisory Council and previously served as a vice president and trustee of the Federal Bar Council and president of its Inn of Court as well as prior service as a vice president of the New York City Bar, chair of its Executive Committee, and member of its Nominating Committee. Carrie was also appointed by the SDNY to its Criminal Justice Act Panel to serve as counsel to indigent defendants in federal criminal cases.<h4>Representative Experience</h4>Government Appointments/Public Corruption Matters. Independent counsel for federal, state, and local government agencies. Representing elected and appointed public officials, public entities, and individuals doing business with the government in a variety of public corruption-related matters with a focus on public-facing reports, including:<ul><li>Independent monitor for the Federal Deposit Insurance Corporation related to workplace issues.</li><li>Special independent counsel to the New York City Council related to investigations of certain council members for misconduct and corruption.</li><li>Special counsel to the MTA related to an examination of time, attendance, and overtime, which included presenting a report to the MTA Board.</li><li>Independent counsel to the CA AG related to conducting a review of its public release of confidential personal information associated with firearms permit holders and applicants, which included the preparation and release of a public report.</li><li>Service on the DOJ-appointed Monitorship Team for the global Odebrecht corruption matter.</li><li>County officials related to allegations of official misconduct and bid rigging.</li></ul>Trial Counsel. Serving as first-chair trial counsel for individuals in federal and state court criminal matters. Representations include Rochester Mayor Lovely Warren for state campaign finance charges; Hon. John A. Michalek for state and federal public corruption offenses; and Hon. Sylvia Ash for federal obstruction of justice charges.Financial Institutions/Securities Matters. Representing banks and other financial institutions in investigations of regulatory and consumer-related matters. Representing corporations and individuals in a variety of criminal investigations and regulatory matters involving federal and state securities laws.Foreign Corrupt Practices Act (FCPA). Representing corporations in FCPA investigations across industries and in numerous jurisdictions. Serving on the DOJ-appointed Monitorship Team in the criminal prosecution of Odebrecht.Workplace Misconduct. Conducting investigations for corporations and boards related to workplace misconduct and #MeToo issues and providing related advocacy and legal advice.Cybersecurity. Conducting investigations of cybersecurity incidents and representing companies in related government and regulatory matters concerning disclosures of data and privacy issues.RICO/Civil Fraud/Commercial Litigation. Representing a wide variety of public and private corporations in civil fraud, RICO, and commercial litigation including at trial. Represented UPS at trial in SDNY in a case brought by the NYAG and the City of New York alleging illegal transportation of untaxed cigarettes.

Carrie Cohen

Nathaniel (Nate) Mendell is a partner in Morrison Foerster’s Investigations + White Collar Defense and Data, Cyber + Privacy practice groups and was the former Acting U.S. Attorney for the United States Attorney’s Office for the District of Massachusetts. He represents companies, financial institutions, boards, and executives through all phases of investigation and litigation involving allegations of corporate healthcare fraud, securities and other financial fraud, public corruption, criminal intellectual property theft, data breach or disclosure, and international money laundering. Nate leverages his two decades of service in the U.S. Department of Justice to offer clients an invaluable insider perspective on white collar defense, internal investigations, cyber breaches, and government enforcement actions.Prior to joining Morrison Foerster, Nate served as First Assistant U.S. Attorney and Senior Litigation Counsel advising the U.S. Attorney. As Acting U.S. Attorney, Nate led over 135 prosecutors and reported directly to the Attorney General. Before serving as First Assistant, Nate was Chief of the Narcotics and Money Laundering Unit, where he led more than a dozen prosecutors investigating and prosecuting money laundering cases across the United States, Colombia, Europe, and the Middle East. He also contributed to the creation of the District Court’s RISE Program and was an Assistant U.S. Attorney in the Southern District of Florida.Nate earned his B.A., cum laude, from Amherst College and earned his J.D. from Harvard Law School where he served as the Editor in Chief of the Harvard Latino Law Review.  He has also served on the Law360 Massachusetts editorial board since 2024.<h4>Representative Experience</h4><h5>Defense Experience</h5><ul><li>Representation of a multinational holding company in a DOJ investigation arising from the client’s investment into a telehealth company under investigation for the unlawful prescription of controlled substances involving potential violations of the Controlled Substances Act (CSA) and the False Claims Act (FCA).</li><li>Advising a pharmaceutical company seeking to mitigate Anti-Kickback Statute (AKS) risk in supporting commercially insured patients in the transition to a new biosimilar therapy. While providing support to commercially insured patients and carving out federally insured patients is not prohibited, such arrangements can draw government scrutiny if they are intended to induce or “pull through” federally insured patients to use medical services or products. We are helping formulate practical parameters for a program that will assist commercially insured patients, meet business goals, and comply with applicable laws and regulations. </li><li>Advising pharmaceutical company whose trade secrets and confidential information were used as the basis for a patent application filed by a competitor and former employees.</li><li>Advising a commercial bank on the acquisition of a medical records company under investigation by DOJ for alleged violations of the FCA.</li><li>Advising an investment management company on the acquisition of a medical device manufacturer under investigation by the DOJ for alleged violations of the FCA.</li><li>Provided training to an online market place regarding the legal framework of the AKS, recent enforcement trends, and compliance best practices.</li></ul><h5>Government Experience</h5><ul><li>Violations of the AKS against a variety of major pharmaceutical companies, which culminated in settlements involving nearly $1,000,000,000 in fines and restitution to resolve the improper use of “patient assistance programs” to subsidize patient co-pays.</li><li>Violations of the CSA against the founder and chief executive officer of a publicly‑traded pharmaceutical company related to the opioids epidemic.</li><li>FCA matters involving improper inducements, insurance pull-through schemes, and improper billing and coding practices.</li><li>Fraud and tax fraud charges against a professor suspected of stealing trade secrets and intellectual property from U.S. interests for a foreign government.</li><li>Conspiracy to obtain unauthorized access to computers and to commit wire fraud and securities fraud charges against a Russian businessman.</li><li>Charges of mail fraud, money laundering, bribery, conspiracy to commit mail and wire fraud, and racketeering conspiracy against coaches, administrators, and parents who fraudulently obtained test scores and college admissions for students related to the Varsity Blues scandal.</li><li>Six-week mail and wire fraud trial against an American businessman involved in a multi-million dollar Ponzi scheme.</li></ul>

Join MoFo for a Life Sciences CLE Webinar on AKS/FCA Enforcement Trends

25 Apr 2024 2:00 PM - 3:00 PM EDT