FCA and FIRREA Civil Penalties: What Lies Ahead in 2017
In June 2016, the Department of Justice (DOJ) released a final rule implementing inflationary adjustments to penalty amounts under the False Claims Act (FCA) and the Financial Institutions Reform, Recovery and Enforcement's (FIRREA’s) civil monetary penalties provision. The recent adjustments were made pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DOJ's increased penalties will have substantial implications for companies accused of FCA and FIRREA violations, including increased financial exposure and the possibility of “excessive fines” in the face of little or no provable damage. Listen as an authoritative panel of thought leaders, professionals and practitioners brought together by The Knowledge Group provide the audience with an in-depth discussion of FCA and FIRREA fundamentals as well as recent developments regarding FCA and FIRREA penalties. Speakers will also share best practices and practical tips in addressing the significant issues surrounding this topic.
Key topics include:
- FCA and FIRREA Basics
- DOJ’s Increased Penalty Amounts - An Overview
- Application and Retroactivity
- Implications and Inferences for Companies and Individuals
- The Possibility of “Excessive Fines”
Maurice Bellan, Partner
Baker & McKenzie LLP
Jennifer M. Wollenberg, Special Counsel
Fried, Frank, Harris, Shriver & Jacobson LLP
Kevin D. Porter, Partner
Vigorito, Barker, Porter and Patterson LLP
I. Understanding the FCA and FIRREA
- FCA Origins and Mechanics [Kevin]
- FIRREA Origins and Mechanics [Jenny]
- Joint Enforcement of the FCA and FIRREA [Maurice]
II. What is at Stake: Civil Penalties under Each Statute
- DOJ’s FY 2016 FCA Statistics and Recent FIRREA Settlement Numbers [Jenny]
- Increased Penalties under the Budget Act: Application and Retroactivity [Maurice]
- Penalties-Only FCA Cases [Jenny]
- Measurement of FIRREA Civil Penalties: Net vs. Gross [Jenny]
III. The FCA and FIRREA in the Trump Era
- Signals from the New Administration [Maurice]
- Signals from the Courts [Maurice]
- Don’t Forget about “Whistleblowers” and the Whistleblowers’ Bar [Kevin]
Who Should Attend:
- False Claims Act Attorneys
- Corporate Counsel
- In-house Counsels
- Chief Compliance Officers
- Audit & Compliance Executives
- Executive Directors
- Top Level Management
Maurice A. Bellan is a partner in the Firm’s Washington, DC office and a Co-Leader of the Firm’s False Claims Act Practice Group. He advises clients on a broad range of concerns involving fraud and anti-corruption, including the Foreign Corrupt Practices Act. A former criminal investigator and trial attorney at the US Department of Justice, he has over 20 years of complex investigative, civil and criminal litigation experience. Mr. Bellan has conducted internal investigations on behalf of global financial institutions under FCA and FIRREA scrutiny by the DOJ. Committed to the greater Washington, DC community, Mr. Bellan is a former member of the judicial nominating committee of the Maryland bar, served on the board of a national provider of health care services and various community organizations.
Maurice A. Bellan is a partner in the Firm’s Washington, DC office and a Co-Leader of the Firm’s False Claims …
Jennifer M. Wollenberg is a litigation special counsel at Fried Frank, where she is a member of the Firm’s False Claims Act and FIRREA Practice. She is resident in the Washington, DC office. Ms. Wollenberg has been engaged in a variety of matters, including False Claims Act and FIRREA investigations and litigation, commercial litigation and arbitration, and internal investigations and monitoring. She often works on behalf of aerospace and defense companies, healthcare companies, and financial institutions. Ms. Wollenberg frequently speaks and writes about the False Claims Act and FIRREA and is a co-author of FraudMail Alert®, which reports on significant developments in the False Claims Act and FIRREA arena. Ms. Wollenberg received her JD from Cornell Law School and is admitted to practice in the District of Columbia, New York, the United States Supreme Court, the United States Court of Appeals (for the Second, Ninth, and District of Columbia Circuits), the United States Court of Federal Claims, the United States District Court for the District of Columbia, and the United States District Court for the Southern District of New York.
Jennifer M. Wollenberg is a litigation special counsel at Fried Frank, where she is a member of the Firm’s False …
Kevin D. Porter has focused his legal practice in a variety of health care law areas including administrative hearings before state and federal regulatory bodies, contracts, representing physicians and other ancillary health care professionals in disciplinary proceedings, advising clients on Anti-Kickback and Stark issues, and assisting health care facilities, including hospitals and nursing homes, with compliance issues, and preparation of effective responses to Joint Commission, and state and federal regulatory citations. Kevin also assists clients confronted with regulatory and criminal investigations arising from healthcare transactions and activities.
Mr. Porter is a graduate of the Wagner School of Public Administration where he received a Masters of Public Administration, with a specialization in Health Care. Prior to completing his graduate work at New York University, Mr. Porter worked as an Assistant Director in Administration at Bellevue Hospital Center for seven years with administrative responsibility for Obstetrics/Gynecology, Prison Health Services, and multiple surgical sub-specialties including Otolaryngology, Rehabilitation, Ophthalmology, and Urology. Kevin graduated from Brooklyn Law School with his juris doctor degree and completed his undergraduate work at Stanford University where he graduated with a B.A. in History. He is an active member of the American Healthcare Lawyers Association.
Kevin D. Porter has focused his legal practice in a variety of health care law areas including administrative hearings before …
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NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Baker & McKenzie LLP
The story of Baker McKenzie is one of imagination, determination, and hard work. For more than 60 years, their people have helped nurture their unique global organization. With 77 offices in 47 countries and 13,000 people, they are the world's premier global law firm.
With the financial services industry undergoing sweeping regulatory reform, Baker McKenzie helps clients comply with these new rules and stay abreast of ongoing developments using its long experience in the industry and strong working relationships with financial regulators. The firm represents financial institutions in regulatory enquiries, investigations, compliance infringements and enforcement actions and has one of the premier False Claims Act practice teams in North America.
About Fried, Frank, Harris, Shriver & Jacobson LLP
From offices located in the world's principal financial centers, Fried, Frank, Harris, Shriver & Jacobson LLP’s lawyers provide advice to clients regarding their most critical legal and business needs. Fried Frank’s False Claims Act and FIRREA attorneys have extensive experience in every facet of the civil False Claims Act, and have been on the cutting edge of litigation and debate about the interpretation and scope of both statutes – the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act of 1989. The Firm regularly represents financial industry, defense, healthcare, and other government contractors in high stakes cases. The Firm’s False Claims Act and FIRREA practitioners also assist and represent entities not normally associated with federal and state fraud investigations, such as municipal airport authorities, computer manufacturers, private and state universities, academic medical centers, import and export companies, major accounting and consulting firms, magazine publishers, and oil and gas exploration companies.
About Vigorito, Barker, Porter and Patterson LLP
Vigorito, Barker, Porter & Patterson, LLP has established itself as one of New York’s premier litigation boutiques. The firm concentrates in the defense of professional negligence, general liability claims and health care law; currently serving as lead counsel in significant litigation on behalf of the largest insurance and medical entities in the New York metropolitan area.
While VBPP is a new firm it is not new to the field. Collectively, the founding partners have more than 120 years of experience, and have taken more than 150 verdicts across nine counties in the New York State Supreme Court system, as well as both the Eastern and Southern District Federal Courts. The firm’s members boast decades of experience representing a variety of health care providers in malpractice actions, administrative hearings, contracts, disciplinary proceedings, criminal investigations arising from healthcare transactions, and compliance issues.