In Pursuit Of Individual Exclusions

Law360, New York (July 18, 2011, 2:18 PM EDT) -- The Responsible Corporate Officer doctrine, also known as the Park doctrine, has been around for years. But there is a new and concerning offshoot at play in health care fraud cases.

Stemming from the concept that corporations act through individuals, the Park[2] doctrine authorizes federal prosecutors to pursue criminal charges against individual corporate officers who were in position to have prevented or corrected wrongdoing by a corporation, but failed to act. Sometimes characterized as a vehicle for strict liability, the issue in cases brought under the...
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