Foley Partner Matt Krueger was quoted in a Report on Medicare Compliance article, “Deputy AG ‘Reinstates’ Yates Memo, Links It to Corporate Culture,” about Deputy Attorney General Lisa Monaco’s plan for more vigorous corporate fraud enforcement with the revised Department of Justice policies and procedures.
“This raises important questions for the civil arena, primarily the False Claims Act (FCA),” said Krueger. While Monaco’s memo doesn’t explicitly say whether the requirement to disclose all individuals applies in civil matters, such as FCA cases, it reinstates the Yates memo, “which expressly applied to civil matters.”
Krueger added, “This raises the question of whether DOJ will now require companies – and prosecutors – to identify every individual involved in an FCA violation, even when doing so requires expending investigative resources that are disproportionate to any potential recovery.”
Krueger said he would like to see more guidance from DOJ before prosecutors start counting violations without considering an organization’s size, scope and track record.