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DOJ Announces Major Changes to Corporate Compliance Program Evaluation Criteria, Including Compensation and Personal Messaging Applications

During speeches on March 2 and 3, 2023, at the American Bar Association National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco, Assistant Attorney General for the Criminal Division Kenneth A. Polite, Jr. and other US government officials announced significant changes to the US Department of Justice’s Evaluation of Corporate Compliance Programs and continued to emphasize the importance of effective and robust compliance policies. These changes come on the heels of DOJ’s recent announcement of a single corporate voluntary self-disclosure policy for every US Attorneys’ Office nationwide, and are simply the latest evidence of the Biden Justice Department’s substantial focus on corporate criminal enforcement.

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DOJ’s Enforcement Activity Against Individuals: Acute Focus on Telemedicine

DOJ’s focus on individual accountability is particularly important with respect to telemedicine. Telemedicine is a burgeoning field, with a projected market increase of 18% annually over the next six years, reaching $103 billion in 2024. In light of this recent surge in profitability, DOJ has begun paying extra attention to telemedicine, with at least one recent HHS-OIG report asserting that more than one-third of all telemedicine claims are improper.

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