Author: Sarah Wirskye

Fifth Circuit Reverses Office Manager’s Conviction for Failure to Prove Willfulness under Healthcare Fraud and Anti-Kickback Statutes

Attorney Sarah Wirskye,  Wirskye Law Firm, BLG Alliance  In United States v. Nora, 18-31078 (5th Cir. Feb. 24, 2021), the Fifth Circuit reversed a conviction and 40-month sentence in a healthcare fraud case. The jury found Nora guilty of conspiracy to commit healthcare fraud, and conspiracy to violate the anti-kickback statute. Twenty-one defendants were indicted, and

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Department of Justice Issues: Guidance on False Claims Act

By: Sarah Wirskye, Co-Counsel, Braumiller Law Group On May 6, 2019, the Department of Justice (DOJ) issued guidance explaining how the DOJ awards credit to defendants who cooperate during a False Claims Act investigation. The policy states that the DOJ will consider (1) voluntary disclosure of wrongdoing, (2) cooperation in an ongoing investigation, and (3) taking

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DOJ Ends Use of Civil Enforcement Authority

By: Attorney Sarah Wirskye, Wirskye Law In January 2018, the Office of the Associate Attorney General issued a new policy that prohibits the Department of Justice (DOJ) from using its civil enforcement authority to convert agency guidance documents into binding rules.  This policy prohibits DOJ’s civil litigators from using “guidance documents” in the enforcement of

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