If you are facing a corporate grand jury investigation, it is imperative that you begin a parallel internal investigation in order to preserve evidence and determine culpability. Chapman Law Group’s experienced health care counsel are practiced in assisting corporate clients facing federal and state governmental investigations. Our attorneys are seasoned healthcare litigators and former prosecutors and investigators who can provide you the knowledge and experience to prevent or mitigate potential culpability.
During grand jury investigations, it is more common for DOJ attorneys to contact a target prior to the issuance of a search warrant. Often, federal agents and attorneys do not wish to engage in the unnecessary risk associated with conducting searches of the target of an investigation and would rather obtain information using grand jury subpoenas and a grand jury investigation. A person or entity receiving a target letter can be sure that they are the target of a federal prosecution. Often, prosecutors will send a target letter to the person or entity under investigation, informing the recipient that it is the target of a federal investigation and encouraging the target to obtain counsel to facilitate testimony in front of a grand jury or respond to grand jury subpoenas for medical records or billing data. The target letter serves multiple purposes; for example, it puts the target on notice that destruction of documents may violate federal law, that the target has a right to obtain counsel, and that the target must answer any questions posed to the target truthfully. A sample target letter can be found in the United States Attorney’s Manual, and most districts send a similar letter.
Upon receiving a target letter or learning that a grand jury investigation has commenced, it is imperative that the corporation begin a parallel internal investigation to preserve evidence, gather testimony, and determine culpability. Relying on corporation counsel for this task is inappropriate because corporation counsel may be a witness to the grand jury and may lack the requisite knowledge and experience to defend a grand jury investigation.
If you are aware that your entity is the target of a grand jury investigation, it is imperative that you contact outside counsel to conduct a thorough parallel investigation. Failure to do so will leave you powerless to defend the eventual government allegations. In many cases, swift corrective action following an investigation will resolve disputes with federal regulators, including Health and Human Services (HHS), the Drug Enforcement Administration (DEA), and the Department of Justice (DOJ).
Chapman Law Group is a multi-state health law firm devoted to representing health care professionals and health care entities during internal investigations as well as civil, criminal, and administrative proceedings. Chapman Law Group employs skilled healthcare attorneys and former state and federal prosecutors who are skilled at internal investigations.
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