Is DOJ Changing Its Approach to Enforcement? What Regulated Entities Need to Know

Arent Fox Partners D. Jacques Smith and Randall A. Brater and Associate Michael F. Dearington penned an article in the May issue of Pratt’s Government Contracting Law Report on three recent changes to the Department of Justice’s enforcement policies.

The authors described the specific policy, purpose, and potential impact of each memo, while noting the recent DOJ memoranda that shed light on the Department’s enforcement policies have generated significant interest among businesses operating in highly regulated industries, particularly health care and government contracting.

“While the guidance-related memos are consistent with the Trump Administration’s overall regulatory-reform agenda, they are unlikely to translate to a reduced number of enforcement actions under the False Claims Act, the Anti-kickback Statute, and other statutes that are strictly enforced by DOJ.”

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