On May 20, 2020, panelists from the DOJ, SEC, and FBI participated in a virtual town hall to discuss the state of play of FCPA and healthcare fraud enforcement as the United States and the rest of the world navigate the wide-ranging challenges wrought by the Covid-19 pandemic.
Government panelists included:
- Robert Zink (Chief of the Fraud Section, Criminal Division, DOJ);
- Daniel Kahn (current Senior Deputy Chief of the Fraud Section, and former FCPA Unit Chief, DOJ);
- Joe Beemsterboer (current Senior Deputy Chief of the Fraud Section, and former Chief of the Health Care Fraud Unit, DOJ);
- Charles Cain (Chief of the FCPA Unit of the SEC’s Division of Enforcement); and
- Leslie Bakschies (Unit Chief at the FBI).
Key takeaways from the town hall discussion include:
- Government investigations and multi-lateral cooperation continue, supported by remote investigative tools. All of the panelists confirmed that both ongoing and new investigations continue. The U.S. Government, like private companies, has been affected by Covid-19-related travel restrictions, shutdowns (including of courts in some districts, delaying trials and grand juries), and other remote-work constraints. But panelists emphasized that they are able to continue much of their investigative work. This includes, for example, issuing subpoenas and other document requests, reviewing document submissions, and communicating with counsel. Ms. Bakschies noted that the FBI is also obtaining search and arrest warrants through remote conferences with judges, and finding other “creative ways” around impediments. The agencies also continue to collaborate with their counterparts outside the United States to move forward, de-conflict, and resolve cases.
Continue Reading Key Investigation and Compliance Take-Aways from May 20, 2020 DOJ, SEC, and FBI Joint Town Hall Discussing FCPA and Healthcare Fraud Enforcement Efforts During Covid-19 Emergency