Matthew Krueger Discusses DOJ's First Health Care Declination Under Revised Corporate Enforcement Policy
Âé¶¹Ö±²¥ & Lardner LLP partner Matthew Krueger commented on the U.S. Department of Justice’s (DOJ) decision to decline prosecution of a health care company in the Report on Medicare Compliance article, “DOJ Declines to Prosecute Company Under CEP, but Indicts Its Founder.â€�
In the article, Krueger discussed DOJ’s first health care-related declination under its revised Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP), noting that the DOJ “is trying to signal its commitment to giving a higher level of certainty to companies about what outcome will result if they voluntarily self-disclose misconduct.â€�
He cautioned that while DOJ will look favorably on companies that self-disclose, obtaining a declination is “always a gamble� and “those factors aren’t black and white.� He added that because prosecutors have discretion in how they apply the CEP the “DOJ will still make that assessment of aggravating circumstances.�
Krueger also highlighted their willingness to distinguish between corporate entities and the individuals accused of wrongdoing. “Companies are independent actors apart from their founders, board members and officers,� he said, emphasizing the importance of independent decision-making and separate representation for boards when corporate misconduct is under investigation.