January 21, 2021

Volume XI, Number 21

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White House and DOJ Maintain Focus on Elder Fraud

On Monday, the White House convened a summit on protecting seniors that included remarks by the President and DOJ Attorney General William Barr. This month marks the first birthday for the DOJ’s Transnational Elder Fraud Strike Force, created primarily to curb internationally-based frauds of American seniors. At the summit, AG Barr left no doubt as to the DOJ’s commitment to combating elder fraud, announcing that he has directed the FBI and every U.S. Attorney’s office to prioritize elder fraud cases. The results speak for themselves: This year, the DOJ assembled an Elder Fraud Sweep that resulted in over 400 defendants charged.

The DOJ is also doubling-down its financial investment. At the summit, the president announced a grant of nearly two million dollars to the National White Collar Crime Center to help state and local law enforcement officers develop training and tools to combat elder fraud. The president also highlighted the National Elder Fraud Hotline, established in March, that has already received nearly 2,000 calls and is fueling this enforcement initiative. 

This summit comes fresh off the heels of the HHS Centers for Medicare and Medicaid Services announcement on June 1, that it is ‘ratcheting up’ nursing home surveys and penalties following the effects of the COVID Pandemic. As we emphasized in our webinar on June 11th (available here), states are under intense pressure to ramp up infection control surveys in the next 30 days and CMS has set forth heightened penalties and shortened compliance deadlines. The White House, DOJ, and HHS are actively ramping up efforts to protect elderly citizens, necessitating proactive measures for companies engaged in nursing home and elderly care. Heightened government scrutiny is on the immediate horizon, and companies should review and update their compliance policies with counsel before the Government comes knocking.

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© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume X, Number 169
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Brian F. McEvoy Litigation Attorney Polsinelli Atlanta, GA
Office Managing Partner | Practice Chair

Brian McEvoy is an accomplished litigator with a well-earned reputation for working tirelessly to achieve the best outcomes for clients and for thinking creatively and strategically to resolve difficult problems with efficiency and professionalism. Brian is a former federal prosecutor with a practice focus on white collar criminal defense and a special emphasis in health care fraud matters. During his service as a federal prosecutor, he received special commendation from the Department of Health and Human Services by receiving the Inspector General's Integrity Award for...

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Shareholder

As a shareholder in the Government Investigations practice, Brian Rafferty leverages a distinguished background serving as Chief of the Criminal Division of the United States Attorney’s Office for the Southern District of Georgia. In his more than ten years of experience as a federal prosecutor, Brian oversaw and managed some of the most high-profile and complex investigations in the Southern District of Georgia. Before his work as a federal prosecutor, Brian was a partner at white collar criminal litigation boutique in New York, where he represented individuals in government...

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Associate

When a client turns to William Ezzell, they can expect an attorney keenly focused on learning who they are and what they do. He is genuinely passionate about understanding the intricacies unique to each client’s business, and how they view the world from their perspective. William combines this passion with his diverse practice history to further a collective goal: the best possible outcome. As a member of the firm’s Government Investigations and White Collar Defense Group, William devotes the majority of his practice to representing companies and individuals faced with...

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Matthew J. Murer, Polsinelli, Survey Issues Lawyer, Reimbursement Attorney
Shareholder/Practice Chair

Matthew Murer chairs the firm's national health care practice, and has worked hard to build a strong team of health care lawyers with experience that spans virtually every aspect of the health care continuum, as well as virtually every niche of practice. Matthew emphasizes a focus on collaboration and opportunity both within the group, as well as with the firm’s health care clients. Matthew firmly believes that these collaborative efforts yield more creative, powerful, practical solutions to today’s pressing legal problems. Now more than ever, health care providers need...

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