New DOJ Memo Will Make Waves In Fraud Cases

Law360, New York (January 29, 2018, 9:17 PM EST) -- A new U.S. Department of Justice memo is signaling lighter enforcement of the government's informal policy views on fraudulent billing, but the memo's impact on civil and criminal cases was already being hotly debated on Monday.

The memo sent Thursday by Associate Attorney General Rachel Brand relates to vast reams of guidance explaining the government's views on various laws, including laws related to billing of Medicare and Medicaid. In her memo, Brand said the DOJ "may not use its enforcement authority to effectively convert agency guidance documents into binding rules."

The memo is an outgrowth of Attorney General Jeff Sessions' move...

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