April 19, 2021

Volume XI, Number 109

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April 16, 2021

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DOJ Enforcement and Proactive Compliance: A Conversation with Former Federal Prosecutors [Podcast]

On this episode of In the Trenches, Brian Stimson, McDermott partner and former Acting General Counsel and Principal Deputy General Counsel for the US Department of Health and Human Services (HHS), sits down with McDermott partners Ben Curtis and Carlos Ortiz, two former Department of Justice (DOJ) prosecutors with decades of combined experience trying cases and conducting investigations across the US and in collaboration with international enforcement agencies.

Brian, Ben and Carlos look back on the valuable experience they gained and top achievements while with the federal government and look ahead at potential enforcement challenges and proactive steps companies should take when engaging with DOJ, including:

  • Company and individual actions that can raise enforcement risks

  • Insights into collaborations between civil and criminal prosecutors

  • Understanding settlements with DOJ, the UK Serious Fraud Office (SFO) and other international law departments

  • Foreign Corrupt Practices Act (FCPA) risk areas facing pharma companies

  • Addressing company and country cultures when establishing compliance protocols to mitigate enforcement risk

  • Telehealth fraud and other high priority areas of enforcement for the DOJ today

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© 2021 McDermott Will & EmeryNational Law Review, Volume XI, Number 96
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About this Author

Brian R. Stimson Corporate Healthcare Litigation Attorney McDermott Will & Emery Law Firm
Partner

Brian Stimson is the former Acting General Counsel and Principal Deputy General Counsel (second-ranking lawyer) for the US Department of Health and Human Services (HHS) in Washington, DC. He represents health and life sciences clients in litigations, arbitrations and government investigations nationwide. As part of his practice, Brian counsels clients on how to navigate complex disputes that present overlapping legal, regulatory, public policy and business considerations. His collaborative and pragmatic approach draws on his work as a high-level HHS official and a...

1 202 756 8477
Benton Curtis Corporate Litigation Attorney McDermott WIll & Emery Law Firm
Partner

Benton (Ben) Curtis is a former federal prosecutor and experienced trial attorney who represents individual and corporate clients in government investigations, as well as in related civil and criminal proceedings that typically involve allegations of health care fraud, securities fraud, money laundering, Foreign Corrupt Practices Act (FCPA) violations, and kickback violations.  Ben likewise represents corporations that have been victimized through internal or third-party misconduct, often in the form of an exceptional theft or fraud.  Ben has tried more than 25 federal...

+1 305 329 4442
Carlos F. Ortiz Corporate Litigation Attorney Mcdermott Will & Emery Law Firm
Partner

Carlos F. Ortiz is a member of the Litigation and White Collar Defense teams and his work has a particular emphasis on white collar defense and investigations. He uses his prominent 15-year background as a high-level federal prosecutor to assist clients with matters relating to the Foreign Corrupt Practices Act (FCPA), high-risk tax controversies, offshore tax issues, anti-money laundering, e-commerce fraud, healthcare fraud, as well as allegations of fraud against government agencies and financial institutions. Over his career in private practice he has secured the...

1 212 547 5566
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