How USDOJ Decides When to Intervene and an Update on Criminal/Civil Concurrent Investigations

January 30, 2018 9:30am

Pierre Armand
Co-Chief, Civil Frauds Unit
U.S. Attorney’s Office, Southern District of New York

Jacob T. Elberg
Chief, Health Care & Government Fraud Unit
U.S. Attorney's Office, District of New Jersey

Gregg Shapiro
Chief, Affirmative Civil Enforcement Unit
U.S. Attorney’s Office, District of Massachusetts

Charlene Keller Fullmer
Assistant United States Attorney, Deputy Chief, Affirmative Litigation
U. S. Attorney's Office, District of Pennsylvania

Panel Moderator

Brien O’Connor
Ropes & Gray LLP (Boston, MA)

  • 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?