What Should Healthcare Providers Do When DOJ and DEA Impose Civil Monetary Penalties Against You?

Despite frequent exaggerations of CMPs sought by the DOJ and DEA, courts often take a different approach to the calculation of civil monetary penalties, typically resulting in drastically lower fines.

Courts across the country have provided guidance with respect to determining the exact amount of CMPs to impose. Specifically, courts consider four factors when evaluating CMPs:

1. 1. The level of the defendant’s culpability;
   2. The public harm caused by the violations;
   3. Defendant’s profits from the violations; and
   4. Defendant’s ability to pay a penalty.

Each court places a variety of emphasis on each standard in calculating civil monetary penalties and is often evaluated on a case-by-case basis. The result is a great deal of inconsistency as to which factors are most important.

However, what is consistent is the reduction in CMPs our clients are ordered to pay relative to initial allegations — because at Chapman Law Group, our experienced healthcare criminal law attorneys have more than three decades of success in fighting excessive requests for civil monetary penalties.