Pharmaceutical, Medical Device and Healthcare Industry

Government and Internal Investigations

In the current legal environment, businesses and individuals in the highly regulated healthcare industry face increased government scrutiny. Our Government Investigations practice focuses on all facets of white-collar criminal defense in both the state and federal arenas. In addition to federal and state tax-fraud cases, we have handled virtually all types of white-collar criminal defense, including securities fraud, government contract fraud, mail fraud, conspiracy, criminal contempt, money laundering, RICO violations and Medicare/Medicaid fraud. In addition, we regularly represent witnesses who have been subpoenaed to testify before federal and state grand juries and administrative agencies.

We work to defend our clients during the investigative phase, before a possible indictment. Butler Snow attorneys have been very successful during the critical pre-indictment stage, and when necessary, through the indictment, motion practice, trial and appellate proceedings.

Practice highlights

• Butler Snow has formed a Corporate Integrity Practice Team to provide businesses with lawyers experienced in criminal law, corporate integrity and compliance, fraud detection and corporate governance, augmented by specialists in labor and employment, healthcare, tax, securities and banking law.
  
  
• Our Corporate Integrity Practice Team offers independent, credible internal investigations of allegations of wrongdoing, financial and sexual misconduct, whistleblowers and retaliation complaints, as well as advice on compliance programs and representation in regulatory enforcement proceedings and civil and criminal actions.
  
  
• James Tucker, the Group's practice leader, is a former United States Attorney and Criminal Chief Assistant U.S. Attorney. Other members of the practice are former federal and state prosecutors, including Bob Anderson, a former Asst. U.S. Attorney who served 10 years as Health Care Fraud Prosecutor.

Representative experience

• A hospital undertook an internal investigation of allegations that the director of a major service of the hospital was misusing facilities for personal gain.  The Butler Snow team:
  
  
  • Reviewed/analyzed substantial medical records, financial transactions, and compliance program;
    
    
  • Interviewed numerous hospital employees and agents including subject of investigation;
    
    
  • Compiled findings of fact and recommendations.
  
  The investigation resulted in a severance agreement with the director of the major service.
  
  

• A medical testing company faces criminal investigation by federal agencies of false reimbursement claims.  The Butler Snow team:
  
  
  • Responded to federal search of company premises;
    
    
  • Interviewed key employees and reviewed substantial documents;
    
    
  • Obtained independent counsel for key employees; and
    
    
  • Interacted with prosecutors regarding investigative goals.
  
  The investigation is currently pending.

For additional information on Government and Internal Investigations, please contact James B. Tucker.