November 5, 2009

West Publishing to Release White Collar Crime: Health Care Fraud Practice Guide

cover.blog.jpg After 15 long months of hard word work, West Publishing is almost ready to release my book. The book is expected to be released before the end of the month. In the mean while, the publisher just sent me a proof of the cover of the book.

Available in both electronic (through Westlaw) and print formats, a partial list of topics covered in the book include the following:

*Inter-disciplinary Dimensions of Health Care Fraud: Economic, Social, and Political Implications
*National Security Implications of Health Care Fraud
*The Common Law of Health Care Fraud
*Centrality of “Certification” in the Common Law Of Health Care Fraud
*Criminal Health Care Fraud
*Stark Act
*Health Insurance Portability and Accountability Act
*Emergency Medical Treatment and Active Labor Act (EMTALA)
*American Recovery and Reinvestment Act of 2009 (ARRA)
*Fraud Enforcement and Recovery Act of 2009 (FERA)
*State Children’s Health Insurance Program: (SCHIP)
*Administrative and Regulatory Controls over Health Care Fraud
*HHS Enforcement Priorities: 2009 Hot Topics
*Centrality of “Certification” in the Common Law Of Health Care Fraud
*Corporate Crime by Health Care Providers
*Corporate Governance: Fiduciary Duties
*Federal Organizational Sentencing Guidelines
*Punishment for Providers and Health Care Executives
*White Collar Lawyering

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June 30, 2009

THOMPSON-WEST SELECTS FORT LAUDERDALE LAWYERS MALOVE & WEINTRAUB TO WRITE WHITE COLLAR CRIME HEALTH CARE FRAUD PRACTICE GUIDE

FOR IMMEDIATE RELEASE

FORT LAUDERDALE, FL (June 29) After conducting a nationwide search, Thompson-West, the leader in legal information solutions, has selected Fort Lauderdale lawyers, Benson Weintraub and Robert David Malove to develop a guide and treatise in the area of Health Care Fraud law as part of a multi-topic initiative to expand West's coverage of white collar crime. The practice guide is tentatively entitled Health Care Fraud Practice Guide.

In 2007, the United Stats Department Justice created the Medicare Fraud Strike Force and launched operations in Miami, Florida. Since then, two more divisions of the Medicare Fraud Strike Force have commenced operations in Houston and Los Angeles. The proliferation of health care fraud cases being prosecuted by the federal government has triggered the need for criminal defense attorneys to be brought up to date with the latest strategies and techniques in order to bring about the best result possible for their clients.

The Healthcare Practice Guide will be a single volume addressing the practical and unique aspects of litigating health care fraud cases. Coverage will include information on strategies and principles used in the prosecution, defense and settlement of a criminal health care fraud case.

Thompson-West’s selection of Weintraub and Malove to author the Health Care Fraud Practice Guide comes as no surprise and is in recognition of their legal expertise, scholarship and dedication to staying on the cutting edge of issues pertaining to health care fraud defense.

robert2.jpgROBERT DAVID MALOVE is Board Certified as a specialist in criminal trial law by the Florida Bar Board of Legal Education and Specialization. Mr. Malove is distinguished trial lawyer with 25 years of experience in federal and state courts. He concentrates on legal issues relating to the white collar crime defense and healthcare fraud defense for which his Health Care Fraud Blog has received widespread recognition. In 2007, Mr. Malove completed post-graduate studies in Healthcare Corporate Compliance at George Washington University and furthered his comprehensive knowledge in the various state and federal laws regarding healthcare fraud and corporate compliance. Also, in 2007, Mr. Malove attended the Health Care Compliance Association’s Compliance Academy has successfully completed the Certified in Healthcare Compliance Examination, thus earning the "CHC" designation.

Prior to serving as an Assistant Public Defender in cases ranging from murder, fraud, to DUI, he graduated with a Doctor of Jurisprudence from Pepperdine University School of Law. Consistent with staying on the cutting edge of developments in criminal defense, one of Mr. Malove’s signature trademarks, he earned a Masters Degree in Forensic Science, from the George Washington University in 1981 - long before forensic science became part of our everyday lexicon. Before that, Mr. Malove was conferred a BS in the Administration of Justice from The American University School of Justice.

Mr. Malove has served as a guest commentator on COURT-TV and maintains membership in the National Association of Criminal Defense lawyers and Florida Association of Criminal Defense Lawyers. Mr. Malove is rated AV by Martindale-Hubble® as a pre-eminent lawyer.

Benson Weintraub is known in the profession as a “lawyer’s lawyer” based on the depth of his comprehensive expertise in practice in US District Courts, US Courts of Appeals, and the US Supreme Court, particularly with respect to corporate and individual defendant sentencing and post-conviction remedies, including appellate practice of unparallel effectiveness. He has been practicing law exclusively in the federal courts since 1981; took a leave of absence from active practice in 2004 to serve as a full-time Visiting Professor of Law at Hofstra University School of Law, from which he graduated in 1979 after attending graduate school at the Center for Administration of Justice at The American University, which also conferred a baccalaureate degree upon him in 1974 from its distinguished School of Government & Public Administration.

Professor Weintraub’s federal practice represents a wide array of legal disciplines ranging from the exclusively complex federal criminal and civil matters: concentrating on allegations of individual and/or corporate health care offenses, financial crimes, i.e., money laundering, fraud, securities violations; conspiracy; internet-based crimes; product substitution (nuclear and NASA components); obstruction of justice; official corruption; large scale narcotics Corporate/individual distribution cases; civil rights violations; constitutional issues; international extradition and multinational treaties; civil litigation and agency representation; and, quashing subpoenas/protective orders. The Firm provides advice, counsel, and representation to corporations and business entities regarding Compliance Programs, preventive maintenance through the design, implementation, monitoring and training of employees with respect to industry-specific compliance requirements to avoid the investigation or pursuit of civil, regulatory or criminal violations.

Professor Weintraub was appointed by the first Chairman of the US Sentencing Commission to help draft the ‘organizational’ and ‘individual’ Federal Sentencing Guidelines and he is proficient in the requirements of the Sarbanes-Oxley Act, HIPAA, the Stark Act, other business statutes and the Code of Federal Regulations (CFR). This experience enhances the firm’s ability to defend corporations/individuals to mitigate potential financial and other sanctions under the Sentencing Guidelines, particularly if settled by agency agreement. Even if criminally pursued, the Firm will ensure your company’s increased candidacy for a Deferred Prosecution Agreement (DPA).

Professor Weintraub is a highly esteemed academic whose numerous articles have been published or cited in The Yale Law Journal, Federal Sentencing Reporter, Federal Probation (Journal of Admin. Office of US Courts), Harvard Law Review, by Federal District and Appellate Judges, Notre Dame Law Review, Stanford Journal of Law & Social Policy and myriad other distinguished academic forums. His work has also been republished in a law school text book, “Sentencing, Sanctions, and Corrections.” He maintains an AV rating by Martindale Hubble.

Most recently, Mr. Weintraub has been involved with international cases with respect to anti-terrorism, counter-intelligence, and critical national security matters for the benefit of the United States. Mr. Weintraub has developed a unique and unparalleled manner of practice characterized by tenacity, relentless client dedication, consistently employing the power of optimal engagement in each case.

Mr. Weintraub has been qualified by federal and State Judges as an “expert witness” (Federal/State) in matters relating to sentencing, civil rights actions involving prisoners’ rights, and post-conviction remedies, e.g., habeas corpus.

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September 17, 2008

Healthcare Fraud Blog Publisher to Attend AHLA/HCCA Fraud and Compliance Forum

hcca.jpgFORT LAUDERDALE, FL (September 17, 2008) Health care fraud blog publisher, attorney Robert David Malove, will be attending the 2008 Fraud & Compliance Forum in Baltimore next month.

The AHLA/HCCA Fraud & Compliance Forum will provide practical guidance on the pressing legal and compliance issues that have arisen in the last twelve months. For health lawyers, the program will highlight the most important legal developments in areas such as Stark, the False Claims Act, and the Anti-Kickback Statute. For compliance officers, the conference will cover important issues such as Part D compliance plans, compliance effectiveness, and fraud and abuse. The program’s uniqueness stems not only from the important content for health lawyers and compliance officers but also from the additional value of bringing together legal counsel and compliance officers in one educational arena. The networking opportunities and synergistic advances in fraud and abuse compliance make this program an essential educational forum for both health lawyers and compliance officers.

Continue reading "Healthcare Fraud Blog Publisher to Attend AHLA/HCCA Fraud and Compliance Forum" »

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August 19, 2008

ACFE Healthcare Fraud Seminar

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CEO Magazine reports that healthcare costs are within the top three business concerns, and for good reason: U.S. healthcare spending has increased from a mere $27 billion in 1960 to $2 trillion in 2005. That is a 7,100 percent increase in spending! Employers today face many unique regulations, systems, procedures and records, with the potential for fraudulent activity at a heightened level.

Fraud fighters need an improved understanding of these staggering numbers and the types of healthcare fraud that may occur. This two-day, instructor-led course is designed for anti-fraud and audit professionals who work in the payer, provider, vendor and employer benefit areas or advise clients who operate within the healthcare continuum.

Get the targeted training you need to keep up with the latest fraud schemes and related laws affecting this highly complex profession.

For more info, please visit http://www.ACFE.com

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