Pamela Coyle Brecht Appointed as a Hearing Committee Member serving the Disciplinary Board of the Supreme Court of Pennsylvania

2020/08/06

Partner Pamela Coyle Brecht of Pietragallo Gordon Alfano Bosick & Raspanti, LLP has been appointed as a Hearing Committee Member serving the Disciplinary Board of the Supreme Court of Pennsylvania effective July 1, 2020. This appointment is a three-year term. Ms. Brecht also serves as Chair of the firm’s national Qui Tam/False Claims Act (FCA) Practice Group. She is experienced in white-collar criminal litigation, internal investigations, and complex health care litigation. Some of Ms. Brecht’s largest FCA cases have included alleged fraud by a large multi-state Medicaid managed care contractor and FCA violations by three of the largest hospital corporations in the country. The Disciplinary Board of the Supreme Court of Pennsylvania is dedicated to protecting the public, maintaining the integrity of the legal profession, and safeguarding the reputation of the courts. The Supreme Court of Pennsylvania established the Disciplinary Board in 1972. In regard to the appointment, Ms. Brecht commented, “I’m honored and proud to accept this appointment. I will do my very best to assist our system of discipline.” Read More

Pamela Coyle Brecht to present at HCCA’s 6th Annual Healthcare Enforcement Compliance Conference

2020/11/16

The practice group leader of the firm’s False Claims Act practice group, Pamela Coyle Brecht, will be presenting at the Health Care Compliance Association‘s 6th Annual Healthcare Enforcement Compliance Conference on Monday, November 16. During the three-day conference, attendees will hear first‑hand from government officials about regulatory changes, expectations, and key priorities in the Healthcare Enforcement sector. Attendees can further gain the knowledge and skills needed to properly address potential violations and improve their organization’s compliance program. During the program, Ms. Brecht will be discussing, “Managed Care Enforcement and Compliance.” For more information about the program, including to register, please visit the HCCA program website. For more information about Pamela Coyle Brecht or the firm’s nationally-recognized False Claims Act practice, we invite you to visit our False Claims Act Resource Center. Read More

Are You FCPA Compliant?

July 13, 2020

In today’s international marketplace, it is critical to keep in mind the reach of American federal statutes which have significant impact on foreign jurisdictions. The Foreign Corrupt Practices Act (“FCPA”), enacted in 1977, contains two key provisions: (1) a prohibition on bribery of foreign officials, and (2) accounting and reporting provisions for companies registered with the Securities and Exchange Commission (“SEC”). 15 U.S.C. §§ 78dd-1-3. The Department of Justice has increasingly made headlines using this powerful law. In 2014 alone, the United States prosecuted seven corporate FCPA enforcement actions. In just those seven cases, the Department of Justice collected $1.25 billion in criminal fines – an all-time record. The anti-bribery provision of the FCPA criminalizes the “offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value” to foreign officials for the purpose of obtaining or retaining business. Id. at § 78dd-1(a). There is an exception for payments or gifts made “to expedite or secure the performance of a routine governmental action.” Id. at §78dd-1(b). The statute also provides two interesting affirmative defenses. Defendants may be excused from liability if (1) the payment was legal under the written laws of the recipient’s country; or (2) the payment was a “reasonable and bona fide expenditure” toward specific, enumerated ends. Id. at § 78dd-1(c). A Helpful Checklist If your company operates overseas, it is time and money well spent to review the following aspects of your business: (1) Identify the nature of your business and all sectors in which you operate; (2) Identify all nations in which you operate and/or engage in commerce; (3) Research the Corruptions Perception Index published by Transparency International (a global coalition with the mission to stop corruption and promote transparency, accountability and integrity at all levels and across all sectors of society) for each nation in which you operate and/or engage in commerce (available at www.transparency.org); Read More

New on the White Collar Blog: Is Disgorgement Still Permissible in an SEC Federal Court Action After LIU v SEC?

2020/07/09

The Supreme Court said yes but with limits.  Disgorgement is permissible but only if it complies with the traditional definition of equitable relief and not penalty.  In an 8-1 vote, the United States Supreme Court held that disgorgement is permitted under 15 U.S.C. §78u(d)(5) if the amount awarded does not exceed an individual wrongdoer’s net profits;  is awarded to the victims; and is imposed on an individual and not based on joint and several liability, unless it falls under the exception. The Lius, a husband and wife team, solicited $27 million of investments from foreign nationals to build a cancer treatment center.  Under the U.S. immigration laws, foreigners who invest over $1 million (in 2019 it was increased to $1.8 million) in an approved commercial enterprise are eligible to receive permanent residency in the United States. The SEC alleged that the Lius, in their solicitations, misrepresented that the bulk of the investment would be applied towards the construction of the center.  Instead, the majority of the funds were used for salaries, marketing materials and were diverted to personal accounts.  Only a fraction of the amount collected was used towards construction.  The SEC brought a civil action for injunctive relief in federal court. The trial court granted the injunction barring the Lius from participating in the immigration investor’s program and ordering them to pay disgorgement for the full amount collected and held them jointly-and severally liable. The Lius claimed that the “disgorgement”, as awarded by the District Court, was effectively a penalty not permissible under the statute in a federal court action. The Lius argued that only equitable relief is authorized by Congress under the statute.  The Court analyzed whether the order of disgorgement can be viewed as a traditional relief under equity. The Lius argued that their disgorgement order was unlawful because it contradicted the traditional practice in equity in three ways: by ordering disgorgement of the total profits and not deducting legitimate expenses, imposing joint-and-several disgorgement liability, and ordering the profits be deposited in Treasury funds instead of disbursing the entire amount to victims. Read More

Virtual Event: How Not to Transform Your Employees into Whistleblowers – Even the Thinnest of Pancakes Has Two Sides

2020/07/14

On Tuesday, July 14th, Pietragallo partner Pamela Coyle Brecht will host a panel presentation to all members of the Qui Tam section of the Federal Bar Association (FBA). The panel will include compliance counsel, defense counsel, and relator’s counsel who will discuss several areas related to the False Claims Act under the program title, “How Not to Transform Your Employees into Whistleblowers – Even the Thinnest of Pancakes Has Two Sides.” Topics of discussion include how to collect and respond to compliance concerns within your organization and how the pandemic, including the new remote work force, affect the potential for an increase in compliance concerns. This virtual event is open to all members of the FBA who are also Qui Tam section members and clients of The Pietragallo Law Firm. For more information about joining the FBA, please visit their website. For more more information about our Firm’s global Qui Tam practice, please visit our False Claims Act Resource Center. If you are not yet a client of our Firm but would like to attend this program, please contact a member of our Marketing Department. Read More

Douglas K. Rosenblum to speak at “Trials and Tribulations of Virtual Hearings, Depositions, etc. in the Age of Covid-19” Panel

2020/07/28

Pietragallo partner Douglas K. Rosenblum will be speaking at PBI’s upcoming program, “Intellectual Property Law Institute 2020” on Tuesday, July 28th, 2020. Mr. Rosenblum’s panel segment is titled, “Trials and Tribulations of Virtual Hearings, Depositions, etc. in the Age of Covid-19.” This year marks the 14th anniversary of the ‘IP Institute’ and the program will be held virtually. Intellectual property is a burgeoning practice area with nuances and ever-changing innovations and issues that can try the patience of even the most seasoned practitioners. No one can afford to remain unacquainted with the rights and potential liabilities that may arise. That’s why those in the know attend PBI’s Intellectual Property Law Institute year after year. Their 14th Institute has something for everyone from the novice to the expert. For more information about the PBI program, including to register, please click here. For more information about Douglas K. Rosenblum, please visit his contact page. Read More

One of Pennsylvania’s Top 100 Attorneys can be found at Pietragallo

2020/06/02

Twenty-one Pietragallo Gordon Alfano Bosick & Raspanti, LLP attorneys were named to the 2020 Pennsylvania Super Lawyers and Rising Stars list, including founding partners William Pietragallo, II, Mark Gordon, Joseph J Bosick, Gaetan J Alfano, and Marc S Raspanti. These designations are awarded to lawyers who receive the highest feedback regarding their legal practice based on independent research, peer nominations and peer evaluations. In addition to all of the Firm’s founding Partners, the following lawyers were acknowledged by the rating service as 2020 Pennsylvania Super Lawyers: P. Brennan Hart, Christopher A. Iacono, James W. Kraus, Michael A. Morse, Francis E. Pipak, Kevin E. Raphael, Douglas K. Rosenblum, John A. Schwab, Clem C. Trischler, and Paul K. Vey. The following firm lawyers were recognized by the rating service as 2020 Pennsylvania Rising Stars: John R. Brumberg, Joseph L. Gordon, Leslie A. Mariotti, and Peter St. Tienne Wolff. In addition to the recognition above, Super Lawyers further distinguished Gaetan J. Alfano as “Top 100: 2020 Pennsylvania Super Lawyers” and “Top 100: 2020 Philadelphia Super Lawyers.” Managing Partner William Pietragallo, II was also further distinguished as “Top 50: 2020 Pittsburgh Super Lawyers List.” For more information about any of our attorneys, we invite you to visit Our Team page. If you would like to reach one of our attorneys, their direct contact information can be found within their biographies. For more information about Super Lawyers, we invite you to visit their website: www.superlawyers.com. Read More

New on the White Collar Blog: An Educational Institution’s Survival Guide for the Final Title IX Regulations

2020/05/18

On May 6, 2020 the U.S. Department of Education (DOE) released the long-awaited final Title IX regulations.  The Final Regulations provide specific guidance to colleges and universities on how they must respond to allegations of sexual misconduct and other Title IX covered conduct.  The Final Rule goes into effect on August 14, 2020. The Final Regulations require significant changes, including that the educational institution: provide to Complainant and Respondent a full investigative report prior to any hearing; engage in a significantly more robust hearing process (following definitive guidance related to witness testimony, cross examination, evidence, transcripts/recordings of the hearings, and information that can be considered by the panel); publish a report setting forth the panel’s findings on responsibility; and offer specific guidance related to the appeal process. How We Can Help There are several obligations in the Final Regulations that likely will require modifications to many current Title IX policies.  We can help with not only the revision of these policies, but also with the training of Title IX personnel and other relevant stakeholders to ensure full compliance throughout the Title IX process. We can serve the role of an advisor on behalf of an institution in a live hearing, assisting the hearing panel to navigate the more robust hearing requirements and providing guidance and counsel to hearing panels when they formulate written determinations post-hearing.  Further, we have substantial experience conducting Title IX investigations and preparing written investigative reports. Please let us know how we may assist you in ensuring compliance with these Final Regulations. The Rundown The following guide lists some of the more significant changes mandated by the Final Regulations.  Educational institutions can use this guide to determine what changes will need to be made to bring their Title IX policies and procedures into compliance. Notice to the Institution Notice to a Title IX Coordinator or to an official with authority to institute corrective measures, charges an institution with actual knowledge and triggers the school’s response obligation. Read More

Chambers & Partners recognizes Founding Partners William Pietragallo, II and Marc S. Raspanti

2020/04/27

Chambers & Partners, an international legal research firm, recently announced their 2020 edition of Chambers USA: America’s Leading Lawyers for Business. Within, founding Partners William Pietragallo, II and Marc S. Raspanti have been recognized for their “outstanding legal practice” in the fields of “Litigation: General Commercial” and “White-Collar Crime and Government Investigations,” respectively. Chambers & Partners recognizes lawyers after extensive and in-depth research including interviews with clients and members of the legal community. Alongside Mr. Pietragallo’s review, Chambers shares client feedback, “He is very practical and is the go-to guy for any case of significance in Western Pennsylvania.” Another source adds, “He is persuasive and is very good in front of judges and juries.” Commentators on Mr. Raspanti’s practice prize him for being “a good diligent lawyer” who is “excellent in his field.” For additional information about Chambers & Partners, we invite you to visit their website. For additional information about William Pietragallo, II and Marc S. Raspanti, we invite you to view their biographies.   Read More

Pietragallo Law Firm Secures $41M as Tampa-based Surgery Partners’ Affiliates and Former Executives Pay to Settle False Claims Suits

2020/04/15

The Department of Justice, the United States Attorney’s Office for the Middle District of Florida, and the United States Attorney’s Office for the Eastern District of Pennsylvania announced today the settlement of two qui tam cases filed in Tampa and Philadelphia.  One of the two whistleblower cases was filed in the Middle District of Florida by Dr. Sheldon Cho, a former pain management physician for Tampa Pain, and Dawn Baker, a national recruiter who had placed physicians with Tampa Pain, against Defendants Logan Laboratories, LLC (Logan Labs), Tampa Pain Relief Centers, Inc. (Tampa Pain), subsidiaries of Surgery Partners. Two individuals associated with these corporate defendants are also contributing to the settlement.[1] The two Florida Relators alleged in their Qui Tam Complaint that, from the founding of Logan Labs in late 2011, the Defendants knowingly submitted or caused the submission of false claims to Government healthcare programs, including Medicare, Medicaid, the Federal Employees’ Health Benefits Program (FEHBP), and Tricare, for unnecessary drug screening and confirmatory qualitative Urine Drug Testing (confirmation UDT). The whistleblowers alleged in their False Claims Act Complaint that Tampa Pain carried out a scheme to automatically subject all patients to both screening and confirmation UDT at every visit, without the individualized determination by the treating provider that any drug testing was medically warranted. The whistleblowers also alleged that the Defendants referred the medically unnecessary confirmation UDT to their wholly owned affiliate, Logan Labs, which then submitted the false claims to Government healthcare program. In recognition of their efforts in bringing this action, the Relators, together with two other whistleblowers who filed a separate action in Pennsylvania, shall receive 19% of the proceeds of the settlement, in addition to their attorneys’ fees claim. The United States did not file its own complaint but intervened in the Florida Relators’ and the Pennsylvania Relators’ complaints. Read More