Health Care E-Bulletin: Taft Introduces New White Collar Criminal Practice Group
March 1, 2007
Would you know what to do if you, or someone at your office, were served with a criminal subpoena or if the FBI or the Office of Inspector General of Health and Human Services were to come knocking on your door (perhaps even armed with a search warrant and holstered gun)? It is certainly not something that most physicians or other health care professionals think much about, but, particularly given the step-up in recent years in health care compliance-related investigations and enforcement actions by various federal agencies against providers, it is something that you should be prepared to respond to.
Although billing fraud and abuse involving governmental third-party payors such as Medicare and Medicaid may be the most obvious example of a danger area that can give rise to criminal investigations of health care providers by federal authorities, enforcement agencies have a very broad menu of options from which to choose. What might start out as a civil Medicare investigation into an overpayment or other billing matter can turn into a criminal enforcement action or a totally separate investigation as to, for instance, tax law violations. And even if a person is initially identified as merely a “witness,” such a person can turn into a “subject” or a “target” very quickly during the course of a criminal investigation. The best way to avoid being prosecuted on white collar-type criminal charges is to head them off before an indictment is returned. Once a case has been formally charged, the chances of a defendant obtaining dismissal of the case (except through acquittal after trial) are slim indeed.
Ralph W. Kohnen has recently joined Taft as a partner in the Litigation Department and as Chair of the firm’s new White Collar Criminal Practice Group. Kohnen came to the firm after a sixteen year career as a Criminal Assistant U.S. Attorney for the Southern District of Ohio. During his time with as a U.S. Attorney (including serving as the Criminal Chief in the U.S. Attorney’s Cincinnati Office from 2001 through 2006), Kohnen personally prosecuted numerous health care fraud cases (among others). Kohnen also served as the U.S. Attorney’s Health Care Fraud Task Force Coordinator from 1996-1999. Prior to his career as U.S. Attorney, Kohnen was a trial lawyer with the firm of Kohnen, Patton & Hunt from 1986-1990, during which time he represented defendants in medical malpractice cases.
The White Collar Criminal Practice Group addresses the needs of Taft clients in three primary ways: 1) through traditional criminal defense work–representing persons and businesses who are accused of crimes or targets of active investigation by law enforcement agencies; 2) by representing clients involved in audits, reviews, or investigations by regulatory and/or law enforcement agencies, thereby minimizing their risk of criminal exposure or punitive administrative action; and 3) by representing clients who have been victimized, particularly by fraud or embezzlement, to make sure that their interests are protected.
Kohnen and the White Collar Practice Group are available to assist clients who are involved in any way in criminal investigations or prosecutions. The new White Collar Practice Group therefore adds a new dimension to Taft's existing Health Care Practice group, which has provided, and continues to provide, regulatory compliance advice to health care providers aimed at reducing the risk of civil or criminal enforcement actions. If needed, however, Kohnen and his new Group can help clients who have been served with subpoenas, investigative demand letters, requests for interviews and the like. Further, they can also advise clients on warning signs from disgruntled or former partners or employees or competitors that might indicate the seeds of a potential criminal investigation. This is especially so in an atmosphere that encourages so-called “whistle-blowing.”
So if the FBI pays you or your office a "friendly visit," call Kohnen or anyone else at Taft to see how our White Collar Criminal Practice Group can help. And better yet, call Kohnen or any lawyer in Taft’s Health Care Practice Group or White Collar Criminal Practice Group, and get us involved before trouble comes calling. Because knowing how to respond appropriately and effectively to an investigation up front can put you and your practice/organization in a much better position down the line.
Although billing fraud and abuse involving governmental third-party payors such as Medicare and Medicaid may be the most obvious example of a danger area that can give rise to criminal investigations of health care providers by federal authorities, enforcement agencies have a very broad menu of options from which to choose. What might start out as a civil Medicare investigation into an overpayment or other billing matter can turn into a criminal enforcement action or a totally separate investigation as to, for instance, tax law violations. And even if a person is initially identified as merely a “witness,” such a person can turn into a “subject” or a “target” very quickly during the course of a criminal investigation. The best way to avoid being prosecuted on white collar-type criminal charges is to head them off before an indictment is returned. Once a case has been formally charged, the chances of a defendant obtaining dismissal of the case (except through acquittal after trial) are slim indeed.
Ralph W. Kohnen has recently joined Taft as a partner in the Litigation Department and as Chair of the firm’s new White Collar Criminal Practice Group. Kohnen came to the firm after a sixteen year career as a Criminal Assistant U.S. Attorney for the Southern District of Ohio. During his time with as a U.S. Attorney (including serving as the Criminal Chief in the U.S. Attorney’s Cincinnati Office from 2001 through 2006), Kohnen personally prosecuted numerous health care fraud cases (among others). Kohnen also served as the U.S. Attorney’s Health Care Fraud Task Force Coordinator from 1996-1999. Prior to his career as U.S. Attorney, Kohnen was a trial lawyer with the firm of Kohnen, Patton & Hunt from 1986-1990, during which time he represented defendants in medical malpractice cases.
The White Collar Criminal Practice Group addresses the needs of Taft clients in three primary ways: 1) through traditional criminal defense work–representing persons and businesses who are accused of crimes or targets of active investigation by law enforcement agencies; 2) by representing clients involved in audits, reviews, or investigations by regulatory and/or law enforcement agencies, thereby minimizing their risk of criminal exposure or punitive administrative action; and 3) by representing clients who have been victimized, particularly by fraud or embezzlement, to make sure that their interests are protected.
Kohnen and the White Collar Practice Group are available to assist clients who are involved in any way in criminal investigations or prosecutions. The new White Collar Practice Group therefore adds a new dimension to Taft's existing Health Care Practice group, which has provided, and continues to provide, regulatory compliance advice to health care providers aimed at reducing the risk of civil or criminal enforcement actions. If needed, however, Kohnen and his new Group can help clients who have been served with subpoenas, investigative demand letters, requests for interviews and the like. Further, they can also advise clients on warning signs from disgruntled or former partners or employees or competitors that might indicate the seeds of a potential criminal investigation. This is especially so in an atmosphere that encourages so-called “whistle-blowing.”
So if the FBI pays you or your office a "friendly visit," call Kohnen or anyone else at Taft to see how our White Collar Criminal Practice Group can help. And better yet, call Kohnen or any lawyer in Taft’s Health Care Practice Group or White Collar Criminal Practice Group, and get us involved before trouble comes calling. Because knowing how to respond appropriately and effectively to an investigation up front can put you and your practice/organization in a much better position down the line.
