Webinar: Fighting Fraud in a Pandemic III: DOJ’s Emerging Priorities & Enforcement Tools

Ever since the Civil War, the federal False Claims Act (FCA) has been a powerful weapon against fraudulent claims on federal funds. In the age of COVID-19, with trillions in government aid sluicing into the U.S. economy, the FCA is on the front lines yet again. This webinar provides a much-requested update to the two-part series on coronavirus stimulus fraud that the FBA’s Qui Tam Section presented in early May. Part III of “Fighting Fraud in a Pandemic” will cover major FCA-related developments from the past three months, with a special focus on emerging priorities at the Department of Justice; on the mechanics of stimulus fraud schemes that have drawn most prosecutorial attention; on the specific enforcement tools now being favored by DOJ (including the return of some oldies); and on antifraud initiatives beyond the DOJ. The same distinguished panel, drawn from the leadership of the FBA’s Qui Tam Section, will return. If you attended the first two sessions in May, this webinar outlines critical changes in this fast-moving area of enforcement. If you didn’t attend the first two sessions, Part III is designed as a standalone opportunity — a deep dive into an area of law that will be a top concern for the DOJ, and for taxpayers, for at least the next 12 months.

Registration for this event is now closed.

About the Presenters

R. Scott Oswald – Chair, FBA Qui Tam Section (moderator)

Scott Oswald is an accomplished trial lawyer who has brought more than 40 trials to verdict. His cases have recovered more than $300 million in judgments and settlements. A fellow of the prestigious College of Labor and Employment Lawyers, he received his law degree from Howard University and honed his skills at Trial Lawyers College, founded by the legendary Gerry Spence. Mr. Oswald litigates employment and whistleblower actions nationwide. Among his results:

• First jury verdict under new whistleblower protections in the National Defense Authorization Act of 2013|
• First Sarbanes-Oxley Act liability verdict to withstand appeal
• First jury verdict under 2009 anti-retaliation provisions of False Claims Act
• First Dodd-Frank Act retaliation lawsuit to reach discovery in federal court

Mr. Oswald is chair of the Federal Bar Association’s Qui Tam Section and immediate past chair of the FBA’s Professional Ethics Committee. Lawdragon ranks him as one of the top 500 plaintiff-side employment lawyers in the country.

Deidre Lamppin Colson, Assistant U.S. Attorney for the Southern District of Alabama

For the past 12 years, Deidre L. Colson has served as an Assistant U.S. Attorney for the Southern District of Alabama, primarily prosecuting Health Care Fraud pursuant to the False Claims Act, Stark Law, Anti-Kickback Statute, and the Controlled Substance Act.  Since 2013, she has held the position of Civil Health Care Fraud Coordinator, has held the position of Electronic Discovery Coordinator for 6 years, and was recently appointed as the Religious Liberty Litigation Coordinator in response to the Attorney General’s October 6, 2017, Memorandum.  AUSA Colson has also served in the Appellate Division conducting En Banc oral argument before the Eleventh Circuit, and has supervised the Southern District of Alabama’s Financial Litigation Unit, which is responsible for enforcing the collection of criminal and civil debts owed to the United States or to victims of federal crimes pursuant to the Mandatory Victim Restitution Act.

Ms. Colson is a 1997 Magna Cum Laude graduate of Louisiana State University, with a dual degree in History and Political Science.  Thereafter, she received her Juris Doctorate degree from George Mason University School of Law located in Arlington, Virginia.  After graduation, she returned to the Mississippi Gulf Coast, and served as a federal law clerk from 1993-1995, to the Honorable David C. Bramlette, III, U.S. District Court, Southern District of Mississippi, Southern Division.   Before joining the U.S. Attorney’s Office, Ms. Colson served as a trial attorney with an emphasis on insurance defense and medical malpractice for ten years with two private firms — Bryan, Nelson, et al., Pascagoula, MS and Brown, Buchanan & Sessoms, Biloxi, MS.

Since 2008, AUSA Colson has investigated and prosecuted various types of affirmative health care fraud cases and qui tam complaints involving skilled nursing facilities, hospice and home health agencies, compounding pharmacy cases, pill mill schemes, diversion, illegal prescribing of controlled substances, and fraudulent billing of medically unnecessary or un-provided medical services, which resulted in convictions, civil judgments, and multi-million dollar settlements.  AUSA Colson actively works with the Southern District of Alabama’s Criminal Division parallel prosecutions, and as HCF Coordinator spearheads Alabama’s Annual Health Care Fraud Working Group Meetings, which are strategic and information sharing endeavors between federal, state and local litigators and law enforcement.

Megan Jeschke, Partner at Holland & Knight

Megan Jeschke is a partner at Holland & Knight and a member of the firm’s White Collar Defense and Investigations, Compliance Services, and Government Contracts teams. She is a litigator with an emphasis on civil and criminal enforcement matters in the government contracts, healthcare, and pharmaceutical industries. She represents companies facing criminal, civil, or administrative actions brought by the U.S. Department of Justice (DOJ) or agency Offices of Inspectors General (OIG), to include qui tam actions brought by relators under the civil False Claims Act (FCA), in the areas of procurement fraud, healthcare fraud, public corruption and procurement integrity, and whistleblower reprisal. She has argued successfully before the Court of Appeals for the Ninth Circuit, brought to verdict several criminal jury trials, negotiated favorable settlements, helped clients avoid suspension or debarment, successfully argued for dismissal and declination, and regularly conducts internal investigations, large and small. She helps clients navigate suspension, debarment and exclusion proceedings, as well as provides advice on self-reporting protocols and mandatory disclosure rules. She also conducts compliance program effectiveness reviews and advises on compliance program protocols.  Ms. Jeschke holds an active security clearance and is experienced in conducting classified internal investigations and handling criminal cases involving the Classified Information Procedures Act (CIPA). Ms. Jeschke is a frequent lecturer on the FCA and on best practices in internal investigations. She has assisted in teaching the White Collar Investigations, Enforcement and Business Risk Mitigation class at the University of Virginia School of Law. In addition, Ms. Jeschke is a co-editor of the Corporate Compliance Answer Book, and serves as the vice president of the Federal Bar Association’s Qui Tam Section.

Rachel V. Rose –Principal at Rachael V. Rose, Attorney at Law, PLLC

Ms. Rose has a unique background. Throughout her career, she has accumulated knowledge in a multitude of fields, with an emphasis on various facets of healthcare. Her experiences include:

• working on Wall Street and at one of the “Big Four” consulting firms;
• producing for the Chairman of the Reform and Oversight Committee on Capitol Hill; 
• interning at the Department of Health and Human Services; 
• compiling policy papers at the Royal College of Nursing in London;
• consultative work as a top performing representative for the pharmaceutical and medical device industry; ​
• clerking for the Honorable Linda R. Allan (6th Judicial Circuit, FL).

Prior to opening her law firm, she was Director of Business Development and Assistant General Counsel for a healthcare advisory company.

She is extensively published and presents on a variety of healthcare, False Claims Act, Dodd-Frank, and securities law topics including: cybersecurity, qui tam, physician reimbursement, ICD-10, access to care, anti-kickback and Stark laws, U.S. Supreme Court cases impacting the medical device industry, international comparative healthcare laws, and the HIPAA/the HITECH Act. 

Presently, she is the chair of the Federal Bar Association’s Government Relations Committee. Ms. Rose has co-authored The American Bar Association’s books –  The ABCs of ACOs and What Are International HIPAA Considerations?, as well as being a co-editor of American Health Lawyers Association’s Enterprise Risk Management Handbook (2nd Edition). Ms. Rose is also an Affiliated Member of the Baylor College of Medicine’s Center for Health Policy and Medical Ethics, where she teaches bioethics and is on the University of Houston Law School’s Healthcare Law Advisory Board.

Jennifer A. Short, Partner at KaiserDillon PLLC

Jennifer A. Short is a partner at KaiserDillon PLLC, in Washington, DC, where she focuses on internal and government investigations, compliance matters, and civil litigation.  A former Assistant United States Attorney for the District of Columbia, Ms. Short has particular expertise in False Claims Act matters, including multiple-week jury trials involving government contractors and healthcare providers.

Registration

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Cancellation Policy

No refunds will be made for cancellations received after the close of business on July 31, 2020. No-shows will be billed. Substitutions may be made at any time upon notification. Please contact Ariel White at awhite@fedbar.org with cancellation and/or substitution requests.

CLE

Please note that CLE credit is not offered for this webinar.

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If you have any questions regarding this program, please contact Laura Mulhern, Sections and Divisions Manager.