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Monthly Archives: May 2018

How the Yates Memo Has Changed Government Investigations Into Corporate Misconduct

White Collar Criminal Defense By Harvey Binnall PLLC - 2018/05/31 at 08:59am

On September 15, 2015, the Yates Memorandum (“Yates Memo”) was issued by the Department of Justice (DOJ), signaling a sea-change in government policy towards investigation and prosecution of corporate fraud.  Specifically, the Yates Memo was intended to push individual accountability as a guiding policy moving forward — many industry observers noted that the Yates Memo was something of a reaction to widespread, negative public sentiment surrounding the failure of government prosecutors to punish individual wrongdoers in the wake of the 2008 financial crisis. This new emphasis on individual accountability has had a substantial impact on how corporations (and their potentially […]

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Medical Necessity Conflicts Can Lead to a Medicare Abuse Investigation

White Collar Criminal Defense By Harvey Binnall PLLC - 2018/05/24 at 08:46am

Healthcare professionals and organizations often struggle with adhering to the rather complicated, multi-pronged regulatory schemes that — together — establish Medicare fraud and abuse liability under the law.  Medicare abuse (in particular) has been a unique challenge for various healthcare professionals and entities, as the government is increasingly taking advantage of the “subjective” nature of Medicare abuse determinations and imposing civil and criminal penalties at their discretion. What is Medicare Abuse, Exactly? Medicare abuse is any practice — systemic or irregular — that imposes unnecessary and unjustified costs on the Medicare Program.  Though Medicare abuse is generally less severe of […]

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Bank Fraud Requires an Intent to Defraud

White Collar Criminal Defense By Harvey Binnall PLLC - 2018/05/17 at 08:40am

If you have been charged with bank fraud, you may be feeling somewhat overwhelmed — after all, despite the fact that bank fraud is defined as a white collar crime, conviction carries significant criminal and civil penalties.  In fact, the federal bank fraud statute outlines penalties of up to $1M in fines and up to 30 years imprisonment.  Given the high-stakes nature of such litigation, it’s important that you get in touch with a team of qualified criminal defense attorneys as soon as possible. Here at Harvey & Binnall, PLLC, our attorneys understand the unique texture of white collar criminal […]

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When is an Unjust Enrichment Claim Relevant to a Commercial Dispute?

Business and Commercial Disputes By Harvey Binnall PLLC - 2018/05/10 at 08:35am

If you’re involved in a commercial dispute with one or more parties, you may be wondering about the potential damages recoverable for “unjust enrichment” and what it actually means for your case. What is unjust enrichment? Stated simply, unjust enrichment is a claim that is based on the idea that the defendant — the breaching party — has somehow gained an advantage by virtue of their conduct, and that this has led to a fundamentally unfair situation.  If the court were to allow the defendant to keep this advantage (usually in the form of obtained assets, financial or otherwise), then […]

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