Enron, WorldCom, and Adelphi scandals are the top instances that people end up remembering when discussing white collar crimes. However, healthcare frauds are actually among the most prevalent types of white collar crimes taking place in the United States. Ken Julian says that the instances of such crimes have essentially surged up during the pandemic, resulting in numerous cases of fraudulent vaccines and fake vaccination records. Scenarios of providing ‘kickbacks’ to physicians for beefing up the pockets of pharmaceutical companies and other healthcare systems have also been popularly witnessed. Being a partner of the health care litigation practice at Manatt, Phelps & Phillips, and Julian has an in-depth knowledge of white collar crimes, the ones associated with healthcare in particular.
According to the 2018 National Money Laundering Risk Assessment, healthcare associated frauds accounted for more than 35 percent of all illegal proceeds laundered in the United States of America. While the Covid-19 crisis situation has got comparatively better, the threat of this virus stills looms over society. In this situation, all the interested parties present at the local, state, and federal levels should try to investigate Covid-19 and other healthcare-related frauds to the best of their ability, and take definite steps to prosecute the ones found guilty. Ken Julian also points out that people receiving government funds designed to combat the unfortunate outcomes of the Covid-19 pandemic should also be attentive enough and pay proper heed to the parameters and laws associated with the funding, in order to steer clear of any kind of scams.
Former Deputy Attorney General Rod Rosenstein had given a statement where he underlined that corporations obviously can’t go to prison and hence get away with simple fines. Hence, it is important to prosecute both individuals and corporations in the situation of white-collar crimes and healthcare frauds in order to deter the occurrence of such illegal activities. Individuals have way more to lose when they are charged with a crime, in comparison to any company. They may lose their medical license, receive extensive jail time, and more. Subsequent to being prosecuted with a crime, the overall life of a person is impacted majorly, and hence this fear can be effective in dissuading them to get engaged in any criminal activity.
The statements made by Rod Rosenstein largely follow the direction set forth by his predecessor, Sally Yates. In her memo titled, “Individual Accountability for Corporate Wrongdoing,” Yates had mentioned a number of important steps that the Department of Justice needs to carry out for making sure that individuals accused of corporate misconduct in conjunction with corporate, white-collar crimes, are orderly held accountable. Ken Julian says that these steps are described to be a combination of new measures that reflect shifts in the policy, as well as the ones that indicate the best practices that many federal prosecutors have already employed.