GOVERNMENT PROSECUTORS’ PANEL
How USDOJ Decides When to Intervene and an Update on Criminal/Civil Concurrent Investigations
Jacob T. Elberg
Chief, Health Care & Government Fraud Unit
U.S. Attorney's Office, District of New Jersey
Chief, Affirmative Civil Enforcement Unit
U.S. Attorney’s Office, District of Massachusetts
- Is DOJ increasingly inclined to decline early intervention to allow relators’ counsel to further develop cases even though later intervention is likely?
- What is the nature and degree of evidence sharing, and sharing off labor between relators and DOJ?
- Under what circumstances might DOJ seek maximum allowable penalties through trial? Conversely, what factors might make DOJ push to reach a compromise settlement?
- What kickback theories is the government investigating as FCA predicates today?
- In preparing to try a qui tam case, what are some of the key themes to consider on the prosecution and defense sides?