Facing increased government scrutiny, both businesses and individuals can find themselves in situations necessitating sophisticated compliance programs to minimize the risk of exposure. The attorneys of Stites & Harbison routinely assist clients in the development and implementation of compliance programs, facilitate cooperation with government regulators across jurisdictions, and when necessary, are poised to handle the most challenging of defenses on behalf of a client in trials, hearings and appeals. Well versed in handling civil and criminal investigations, our attorneys also maintain the necessary investigative skills to appropriately and accurately present the facts to regulators, judges and juries.
We routinely manage federal and state investigations, civil litigation, criminal trials, enforcement actions, regulatory inquiries, and internal investigations. We have represented clients in investigations by the U.S. Securities and Exchange Commission, the U.S. Department of Justice, Federal Department Insurance Corporation, Consumer Financial Protective Bureau, Congress, the National Indian Gaming Commission and various U.S. Attorneys’ offices and state attorneys general offices.
Our team of attorneys includes the former chief prosecutor for Kentucky’s largest metropolitan area. We maintain significant experience representing Fortune 100 and Fortune 500 companies in internal investigations and regulatory issues including the defense of allegations of Medicaid fraud and abuse, tax fraud, privacy and data security, embezzlement by company employees, restatement of SEC filings and SEC violations, foreign corruption and bribery (FCPA), and criminal and administrative violations.
Our services include grand jury representation, subpoena response, witness and target consultation, trials and hearings, and appeals.
- Represented major payment processing company in parallel Securities & Exchange Commission (SEC) and U.S. Attorney Office investigations into embezzlement of company funds by employees, and falsification of company financial and other records. Conducted internal investigation at company, managed subpoena response, and assisted company with restating SEC filings and negotiating settlements with wrongdoers.
- Successfully representing a major corporation accused of illegal hazardous waste disposal. Our attorneys guided the client through the execution of a search warrant upon its plant, assisted employees with interviews and grand jury testimony, and negotiated with both federal and state agencies and prosecutors. Although investigators originally intended to bring criminal charges against both the company and its employees, Stites & Harbison achieved a civil resolution of the matter on behalf of our client.
- Representing physicians and health care professionals accused of Medicare and Medicaid fraud. Among other charges our attorneys are well-versed in dealing with charges of up-coding, kickbacks, improper referrals, billing for non-existent services or prescriptions, and improper use of, or billing for, nurse practitioners. In these engagements, we frequently deal with related qui tam civil claims.
- Frequently, our litigators advise clients who have been victims of crime, either perpetrated by employees or by third parties. Stites & Harbison assists clients in understanding the criminal justice system by working with investigators and prosecutors to move cases forward in a timely fashion, and achieve results that deter future criminal conduct targeting the client.
Medicare and Medicaid billing mistakes can result in fraud investigations with serious, long-lasting consequences. Providers may be required to pay back up to three times the amount they were paid for improperly billed services. In addition, if the government finds that the improper billing was intentional, providers can face criminal charges, the loss of professional licenses, and exclusion from participation in Medicare and Medicaid.
The Kentucky Department of Corrections is not immune from the same pandemic issues faced by the Federal Bureau of Prisons. As of December 4, 2020, the Department of Corrections ("DOC") operated 14 correctional institutions with 10,000 inmates. At the time of this writing, 2,895 inmates and 456 employees have tested positive for the virus; 24 inmates and three employees have died. The numbers could have been worse.
Juan Alberto Fernandez pled guilty in federal court to one count of conspiracy to distribute methamphetamine in November 2014. Statutorily, Mr. Fernandez faced a mandatory minimum sentence of 10 years in prison.