# Griffin Durham Tanner & Clarkson > Griffin Durham Tanner Clarkson Blog --- ## Pages - [Contact Our Office](http://griffindurham.com/contact/): 75 14th Street NE, Suite 2250Atlanta, GA 30309 Phone: 404. 891. 9150 Fax: 404. 891. 9150 - [Referring Lawyers](http://griffindurham.com/why-choose-us/referring-lawyers/): Big and complex cases often require a team. Our colleagues—in Georgia and across the country—frequently ask us to partner with... - [Atlanta Money Laundering Defense Attorney](http://griffindurham.com/atlanta-money-laundering-defense-attorney/): Atlanta Money Laundering Defense Attorney Money laundering occurs when funds from illegal activities are funneled through legitimate businesses and banks... - [Wire Fraud Defense Lawyer Atlanta](http://griffindurham.com/wire-fraud-defense-lawyer-atlanta/): Wire and mail fraud are serious federal offenses with significant penalties. The complexities of these charges require an experienced and... - [Atlanta Government Program Fraud Attorney](http://griffindurham.com/atlanta-government-program-fraud-attorney/): If you are under investigation concerning a government program fraud case, you must notify a defense lawyer immediately. When you... - [Atlanta Federal Grand Jury Investigation Lawyer](http://griffindurham.com/atlanta-federal-grand-jury-investigation-lawyer/): Atlanta Federal Grand Jury Investigation Lawyer The knock on the door, the subpoena in your mailbox, the unsettling feeling that... - [Atlanta Government Investigation Lawyers](http://griffindurham.com/atlanta-government-investigations-lawyer/): Atlanta Government Investigation Lawyers Learning you are the target of a government investigation can be life-altering. You must act immediately... - [Atlanta Securities Fraud Defense Lawyer](http://griffindurham.com/white-collar-criminal-defense-atlanta/securities-fraud/): Investors lose money in stocks daily, whether they have too many to keep track of or simply lack patience. These... - [Atlanta Antitrust Defense Lawyer](http://griffindurham.com/white-collar-criminal-defense-atlanta/anti-trust/): Antitrust violations are a serious cause for concern. If you have been accused of committing a crime as part of... - [Macon](http://griffindurham.com/macon/): Macon Location At Griffin Durham Tanner & Clarkson, we represent clients in government investigations, complex litigation, and business litigation. Contact... - [Careers](http://griffindurham.com/careers/): Careers We are a boutique law firm with a fast paced, sophisticated litigation practice. Our partners include BigLaw alums, as... - [Georgia antitrust defense lawyers](http://griffindurham.com/white-collar-criminal-defense/antitrust/): Even if your business practices were made with the best of intentions, Georgia antitrust laws can easily misinterpret a simple... - [Georgia tax fraud lawyers](http://griffindurham.com/white-collar-criminal-defense/tax-fraud-attorney/): Fraud and tax evasion can be punishable by substantial terms of imprisonment, in addition to steep financial penalties. Don’t let... - [Georgia Securities Fraud Lawyer](http://griffindurham.com/white-collar-criminal-defense-georgia/securities-fraud/): Securities fraud accusations carry devastating consequences on your business, finances, and reputation. Fortunately, the Georgia securities fraud lawyers at Griffin... - [Atlanta White-Collar Criminal Defense Lawyer](http://griffindurham.com/white-collar-criminal-defense-atlanta/): Being accused or convicted of a white-collar crime in Atlanta can have serious consequences for your personal and professional life.... - [Savannah White Collar Criminal Defense](http://griffindurham.com/white-collar-criminal-defense-savannah/): White-collar crime includes a variety of non-violent crimes with a primary goal of realizing financial gain. Persons who are accused... - [Atlanta Catastrophic Injury Lawyers](http://griffindurham.com/catastrophic-injuries-atlanta/): Being injured in a catastrophic accident can complicate many areas of your life, and pursuing the maximum compensation you are... - [Savannah Catastrophic Injury Lawyers](http://griffindurham.com/catastrophic-injuries-savannah/): Being seriously injured can lead to overwhelming physical, emotional, and financial pain. Victims of someone else’s carelessness can experience a... - [Internal Investigations](http://griffindurham.com/business-litigation-georgia/internal-investigations/): When corporate leadership or employees are suspected of misconduct, the last thing the company should do is sit back and... - [Georgia Affirmative Recovery Law Firm](http://griffindurham.com/business-litigation-georgia/affirmative-recovery/): Just like individuals and the government, businesses can fall victim to crime, fraud, breach of fiduciary duties, or other malfeasance.... - [Georgia Federal Investigations Defense Lawyer](http://griffindurham.com/white-collar-criminal-defense-georgia/government-investigations/): In many cases, the first time you learn you are the subject of a federal criminal investigation is upon receipt... - [Federal Tort Claims Act Catastrophic Injury Attorney](http://griffindurham.com/catastrophic-injuries-georgia/federal-tort-claims-act/): Griffin Durham Tanner & Clarkson LLC is known throughout Georgia for representing victims of catastrophic injury caused by the carelessness... - [Healthcare Fraud Lawyer](http://griffindurham.com/health-care-fraud/): Griffin Durham Tanner & Clarkson have garnered a distinguished reputation for adeptly guiding clients through the intricate landscape of healthcare... - [White Collar Criminal Defense Lawyer](http://griffindurham.com/white-collar-criminal-defense/): Our experienced white-collar crimes defense attorney at Griffin Durham Tanner & Clarkson has successfully defended many high-powered company executives, professionals,... - [False Claims Act Lawyer](http://griffindurham.com/false-claims-act/): Griffin Durham Tanner & Clarkson is known for its expertise in pursuing and defending False Claims Act (FCA) investigations. Our... - [Bet-the-Company Business Litigation Lawyers](http://griffindurham.com/business-litigation-lawyer/): Griffin Durham Tanner & Clarkson has extensive experience representing clients in a wide range of high-stakes business litigation. This includes... - [Catastrophic Injury Lawyer](http://griffindurham.com/catastrophic-injury-lawyer/): A catastrophic injury can instantly change your life—physically, emotionally, and financially. At Griffin Durham Tanner & Clarkson, our compassionate and... - [Why Choose Us?](https://griffindurham.com/why-choose-us/): Big Firm Talent. Small Firm Flexibility. At Griffin Durham Tanner & Clarkson, we are not a “plaintiff’s firm” or a... - [Disclaimer](https://griffindurham.com/disclaimer/): Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at... - [Welcome](https://griffindurham.com/) - [Blog](http://griffindurham.com/blog/) - [Thank You](https://griffindurham.com/thank-you-request-appointment/): Thank you for contacting us. Someone will get in touch with you shortly. Disclaimer: This firm does not represent you... - [Thank You](https://griffindurham.com/thank-you-quick-contact/): Thank you for contacting us. Someone will get in touch with you shortly. Disclaimer: This firm does not represent you... - [Thank You](https://griffindurham.com/thank-you/): Thank you for contacting us. Someone will get in touch with you shortly. Disclaimer: This firm does not represent you... --- ## Posts - [Physician fraud cases in 2025 and their outcomes](http://griffindurham.com/blog/physician-fraud-cases-and-their-outcomes/): 2025 has seen several notable physical fraud cases, and the year isn’t over yet. Some of these cases have been... - [Houston to the Headlines: Surge in Healthcare Fraud Prosecutions—Are You Prepared?](http://griffindurham.com/blog/houston-surge-in-healthcare-fraud-prosecutions/): In what the U. S. Department of Justice (DOJ) calls the largest healthcare fraud crackdown in its history, more than... - [The $14.6 billion health care fraud crackdown: what it means for providers](http://griffindurham.com/blog/health-care-fraud-crackdown/): In 2025, the Department of Justice (DOJ) announced the largest health care fraud takedown in U. S. history. This sweeping... - [FCA Enforcement Expands: DOJ Expands Focus on Fraud in Government Contracting and Higher Education](http://griffindurham.com/blog/fca-enforcement-doj-civil-rights-higher-education/): The Department of Justice (DOJ) is reimagining how it enforces the False Claims Act (FCA), and federal contractors, colleges, and... - [When Innovation Becomes Exploitation: Inside the $1B Healthcare Fraud Case](http://griffindurham.com/blog/inside-the-1b-healthcare-fraud-case/): Technology has transformed the way healthcare operates, for the better in many cases. But when that innovation is used to... - [The U.S. is suing major health insurers over kickbacks in landmark False Claims Act case](http://griffindurham.com/blog/us-sues-health-insurers-kickbacks-discrimination/): The U. S. Department of Justice filed a lawsuit in May against three of the country’s largest private health insurers... - [DEI and the False Claims Act: Navigating the New Political Landscape](http://griffindurham.com/blog/dei-false-claims-act-effects/): The intersection of Diversity, Equity, and Inclusion (DEI) initiatives and the False Claims Act (FCA) has become a focal point... - [Understanding the $130 Million Omnicare Verdict: Lessons in Compliance and Risk Management](http://griffindurham.com/blog/understanding-260-million-jj-verdict-healthcare-fraud-lessons/): In April 2025, a New York jury awarded $130 million to United States in a False Claims Act (FCA) case.... - [Coming Soon? The Next Department of Justice Healthcare Fraud Takedown Could be Right Around the Corner](http://griffindurham.com/blog/doj-healthcare-fraud-takedown/): Every year, the Department of Justice’s (DOJ) Healthcare Fraud Strike Force and various U. S. Attorney’s Offices around the country... - [Top white-collar crime cases of 2024](http://griffindurham.com/blog/top-irs-cases-of-2024/): In 2024, federal agencies ramped up enforcement of white-collar crime, leading to substantial financial penalties and lengthy prison sentences. The... - [Signs you might be under federal investigation for white collar crime](http://griffindurham.com/blog/signs-of-being-under-federal-investigation/): White collar criminal investigations can be lengthy and complex, often proceeding without the target’s knowledge for months or even years.... - [A complete Foreign Corrupt Practices Act (FCPA) compliance checklist](http://griffindurham.com/blog/foreign-corrupt-practices-act-compliance-checklist/): The Foreign Corrupt Practices Act (FCPA) is a fundamental U. S. anti-bribery law that prohibits individuals and businesses from offering... - [The main elements of securities fraud](http://griffindurham.com/blog/the-main-elements-of-securities-fraud/): Those who advise on, trade, or manage investments for others must make quick decisions to maximize their clients’ worth, and... - [Laboratories in the Crosshairs: Tips from a Former Federal Prosecutor](http://griffindurham.com/blog/laboratories-fraudulent-billing-federal-prosecutor-tips/): The single biggest focus of Department of Justice (“DOJ”) has been a crackdown on laboratories alleged “fraudulent” billing. Starting five... - [DME Industry Under the Spotlight: Lessons from a Former Federal Prosecutor](http://griffindurham.com/blog/doj-cracks-down-dme-fraud-federal-prosecutor-tips/): Beginning with Operation Brace Yourself, the Department of Justice (“DOJ”) launched widespread and headline-grabbing prosecutions of individuals and companies throughout... - [How business email compromise cases lead to wire fraud charges](http://griffindurham.com/blog/business-email-compromise/): Business email compromise (BEC) is a growing cybercrime that targets companies and individuals, often leading to serious legal consequences, including... - [What is a plea bargain?](http://griffindurham.com/blog/what-is-a-plea-bargain/): Plea bargaining is a critical component of the criminal justice system in the United States, offering a mechanism for resolving... - [How being charged with obstruction of investigation can complicate white-collar crime cases](http://griffindurham.com/blog/how-an-obstruction-of-investigation-charge-can-complicate-white-collar-crime-cases/): Obstruction of investigation refers to actions like falsifying evidence, tampering with witnesses, or refusing to comply with subpoenas—any efforts to... - [What are the three stages of money laundering?](http://griffindurham.com/blog/money-laundering-stages/): Money laundering is a sophisticated process used to disguise the origins of illegally obtained money, making it appear as if... - [Dog broker sentenced to federal prison for filing false tax returns: A closer look at tax fraud](http://griffindurham.com/blog/dog-broker-sentenced-to-federal-prison/): In a recent case highlighting the consequences of tax fraud, Justin Daniels, a dog broker from Marietta, Georgia, was sentenced... - [Tapestry Hospice settles $1.4 million kickback Case](http://griffindurham.com/blog/tapestry-hospice-settles-kickback-case/): Tapestry Hospice of Northwest Georgia, LLC, along with its owners and managers, recently agreed to pay $1. 4 million to... - [Recent whistleblower cases and their impact](http://griffindurham.com/blog/recent-whistleblower-cases-and-their-impact/): Federal and state governments recognize the tremendous impact of whistleblowers who disclose evidence of fraud, waste, and abuse involving public... - [Common remedies for a breach of contract](http://griffindurham.com/blog/remedies-for-breach-of-contract/): Contracts are the backbone of business transactions, governing agreements between parties and ensuring that obligations are fulfilled. However, when one... - [Are you committing Medicaid Fraud?](http://griffindurham.com/blog/are-you-committing-medicaid-fraud/): Healthcare providers want to give their Medicaid patients the best care possible. Providing that care requires listening, observing, diagnosing, recommending,... - [Everything you need to know about presentence investigations in Georgia](http://griffindurham.com/blog/what-you-need-to-know-about-presentence-investigations/): After being convicted of a federal offense in Georgia, you may be sentenced to fines, time in custody, or a... - [Everything you need to know about False Claims Act whistleblowers](http://griffindurham.com/blog/everything-you-need-to-know-about-false-claims-act-whistleblowers/): The False Claims Act was enacted in 1863 to combat fraud against the federal government by contractors responsible for providing... - [Tax season tips to avoid fraud allegations and protect your interests](http://griffindurham.com/blog/tax-season-tips-to-avoid-fraud-allegations/): Tax season is a period often marked by anxiety and confusion for many and becomes a prime time for an... - [What you need to know about the three main types of fraud](http://griffindurham.com/blog/what-you-need-to-know-about-the-types-of-fraud/): Fraud is a complicated white-collar crime governed by state and federal laws. Understanding when you or your company may be... - [IRS announces withdrawal process for employee retention credit scams](http://griffindurham.com/blog/employee-retention-credit-scams/): In March 2020, when the COVID-19 pandemic shut the country down, the United States Congress passed the Coronavirus Aid, Relief,... - [The role of confidential informants in white-collar crime](http://griffindurham.com/blog/the-role-of-confidential-informants-in-white-collar-cases/): A confidential informant gathers information about a person to use against them in court. If you’re not careful, these individuals... - [What is a force majeure clause?](http://griffindurham.com/blog/what-is-a-force-majeure-clause/): Force majeure refers to an act, event, or circumstance that extends beyond someone’s control. If a contract includes a force... - [IRS processes $10 billion worth of ERC claims, reopens Voluntary Disclosure Program through November 22, 2024](http://griffindurham.com/blog/irs-orders-immediate-stop-to-new-claims-amid-employee-retention-credit-scams/): The IRS announced on October 10, 2024, significant progress in processing approximately 400,000 Employee Retention Credit (ERC) claims, representing $10... - [Catastrophic injuries in sports: Legal rights and liability](http://griffindurham.com/blog/catastrophic-injuries-in-sports/): Catastrophic injuries in sports can occur for many reasons, and every time they do, they can create devastating outcomes, often... - [How do fraud and abuse impact the costs of health care?](http://griffindurham.com/blog/how-fraud-and-abuse-impacts-the-cost-of-healthcare/): Healthcare fraud and abuse result in billions of dollars of losses each year for the federal government and private insurance... - [No such thing as victimless crime: The impact of white-collar crimes in Atlanta](http://griffindurham.com/blog/impact-of-white-collar-crimes-in-atlanta/): When individuals consider a rise in crime, they often picture more violent acts such as homicides, drug atrocities, and property... - [Catastrophic injuries on Lake Lanier: Don’t let reckless boaters spoil your summer](http://griffindurham.com/blog/catastrophic-injuries-on-lake-lanier/): Boating on the lake in Georgia is part of most people’s summer fun. But too often, a day on the... - [When does the FBI get involved in a case?](http://griffindurham.com/blog/when-does-the-fbi-get-involved-in-a-case/): The Federal Bureau of Investigation (FBI) looks into a variety of crimes within eight major sections, five of which are... - [Microsoft ordered to pay $20 million for illegally collecting children’s personal information](http://griffindurham.com/blog/microsoft-ordered-to-pay-20-million-for-violating-child-consent-laws/): Parents focused on protecting their children’s internet privacy had a win recently in court. Microsoft, the company behind the popular... - [FTC and data sharing: What you need to know](http://griffindurham.com/blog/ftc-and-data-sharing/): In today’s digital era, the exchange of information has grown significantly, with companies frequently gathering and disseminating personal data, leading... - [How healthcare scams have become a $100B issue in the U.S.](http://griffindurham.com/blog/how-healthcare-scams-have-become-a-billion-dollar-issue/): Healthcare fraud schemes have cost the U. S. government, taxpayers, and insurance companies nearly $100 billion annually. If you think... - [DOJ increases False Claims Act (FCA) penalties](http://griffindurham.com/blog/increased-fca-penalties/): The Department of Justice (DOJ) recently announced an increase in False Claims Act (FCA) civil monetary penalties for 2023. This... - [2022 SEC enforcement actions and year-end results](http://griffindurham.com/blog/sec-enforcement-actions-2022/): The Securities and Exchange Commission (SEC) recently announced the Enforcement Results from fiscal year 2022, and there are a few... - [Don’t fall victim to these 7 common holiday frauds](http://griffindurham.com/blog/avoid-common-holiday-fraud-schemes/): During the holidays we look forward to being with family and friends and giving gifts to those we care about.... - [Loss of limb during the holidays: Causes, preventive tips, and more](http://griffindurham.com/blog/common-holiday-injuries/): The holidays are generally associated with family, friends, parades, football, and great food, but sometimes this great holiday can turn... - [Georgia Employers, Changes in Tortious Interference Law Could Affect Your Ability to Sue](http://griffindurham.com/blog/tortious-interference-case-could-affect-georgia-employers/): To help protect intellectual property and other company secrets, non-compete agreements have become common in many industries. When a former... - [Financial Institutions Fined for Discussing Deals and Trades Over Personal Apps](http://griffindurham.com/blog/financical-institutions-fined-for-discussing-deals/): The government recently issued nearly $2 billion in fines against several large corporations. Several employees at some of the world’s... - [Doctors’ Safe Harbors Under the Anti-Kickback Statute](http://griffindurham.com/blog/anti-kickback-statute-safe-harbors/): Some people make considerable sacrifices to become a doctor – sacrifices in time, money, and effort are all jeopardized when... - [Preparing Your Company for a Dawn Raid: What to Do and What to Avoid](http://griffindurham.com/blog/dawn-raid/): The U. S. Department of Justice (DOJ) continues to issue more and more search warrants in an effort to investigate... - [What Makes an Injury Catastrophic?](http://griffindurham.com/blog/what-makes-an-injury-catastrophic/): An injury is classified as catastrophic when it leaves a victim with long-term consequences and life-changing impacts. A catastrophic injury... - [How to Determine if a Contract Breach is Material](http://griffindurham.com/blog/how-to-determine-if-a-contract-breach-is-material/): In contract law, there are different types of contract breaches. The most serious type of breach is called a material... - [Breach of Contract Case: What Law Applies?](http://griffindurham.com/blog/which-states-law-will-determine-my-georgia-breach-of-contract-case/): Breach of contract cases generally occur when a party to a legal agreement fails to abide by one or more... - [Common Types of Commercial Disputes](http://griffindurham.com/blog/common-types-of-commercial-disputes/): While many business transactions go according to plan, some lead to disputes. Business disputes, also known as commercial disputes, can... - [Breach of Contract Litigation in Georgia](http://griffindurham.com/blog/dealing-with-a-breach-of-contract-in-georgia/): A breach of contract is a situation in which a party to a contractual agreement fails to abide by one... - [Contract Breaches: Four Types of Issues](http://griffindurham.com/blog/four-types-of-contract-breaches/): A breach of contract occurs when a party to a contractual agreement fails to abide by one or more of... - [Partnership Disputes](http://griffindurham.com/blog/common-types-of-partnership-disputes/): Although people don’t enter business partnerships with an expectation of conflict, legal disputes are common in the business arena. To... - [Business Torts: Common Issues](http://griffindurham.com/blog/an-overview-of-common-business-torts/): Also known as an economic tort, a business tort is a wrongful action that is taken against a business with... - [What is Breach of Fiduciary Duty?](http://griffindurham.com/blog/what-is-breach-of-fiduciary-duty/): A fiduciary is a person who has a legal or ethical duty to act in the best interests of another... - [Common Contract Breach Defenses](http://griffindurham.com/blog/common-contract-breach-defenses/): A breach of contract occurs when one party to a contract fails to abide by one or more of its... - [What Is the Federal Tort Claims Act?](http://griffindurham.com/blog/what-is-the-federal-tort-claims-act/): The doctrine of sovereign immunity protects the federal government from certain types of lawsuits by citizens. Under this doctrine, the... - [Breach of Contract Litigation](http://griffindurham.com/blog/breach-of-contract-litigation/): Breach of contract litigation is a frequent occurrence for businesses large and small. Contracts are the foundation of the business... - [Paycheck Protection Program Fraud](http://griffindurham.com/blog/paycheck-protection-program-fraud/): Paycheck Protection Program (“PPP”) fraud is one of most active—if not the most active—area of Department of Justice scrutiny right... - [Conservation Tax Easements: Department of Justice Crackdown](http://griffindurham.com/blog/conservation-tax-easements-department-of-justice-crackdown/): Syndicated conservation easements (“SCE”) are a new area of Department of Justice scrutiny. Prosecutors are significantly ramping up enforcement efforts.... - [Corporate Fraud: Common Schemes](http://griffindurham.com/blog/common-types-of-corporate-fraud/): Corporate fraud is a type of white-collar crime that involves illegal actions committed either by employees or contractors of a... - [Ponzi Schemes vs. Pyramid Schemes: What’s the Difference?](http://griffindurham.com/blog/ponzi-schemes-vs-pyramid-schemes-whats-the-difference/): Ponzi schemes and pyramid schemes are types of white-collar crime. Although people sometimes confuse them, they each use different tactics... - [False Claims Act Basics](http://griffindurham.com/blog/false-claims-act-basics/): Each year, the United States government loses hundreds of billions of dollars due to fraud. The False Claims Act (“FCA”)... - [What Is a Catastrophic Injury?](http://griffindurham.com/blog/what-is-a-catastrophic-injury/): Federal law defines “catastrophic injury” as an injury with direct and proximate consequences that permanently prevent an individual from performing... - [White Collar Crime Myths](http://griffindurham.com/blog/common-white-collar-crime-myths/): White collar crime myths create common misunderstandings for those accused of violating the law. Television and movies often portray white-collar... - [Consequences of White Collar Crime](http://griffindurham.com/blog/the-consequences-of-white-collar-crime/): Consequences of white collar crime, include prison, substantial fines, and restitution. In addition to criminal penalties, white collar offenses often... - [Common White Collar Crimes](http://griffindurham.com/blog/common-types-of-white-collar-crime/): Common types of white collar crimes range in nature and scope. They all typically involve financially motivated crimes committed by... - [What Are Upcoding and Unbundling?](http://griffindurham.com/blog/what-are-upcoding-and-unbundling/): Health care fraud occurs when a medical provider intentionally submits false or misleading information for use in determining the amount... - [Penalties of Health Care Fraud](http://griffindurham.com/blog/an-overview-of-health-care-fraud-penalties/): Penalties for health care fraud violations can range in type and severity. Over the last several years, the federal government... - [Common Types of Health Care Fraud](http://griffindurham.com/blog/common-types-of-health-care-fraud/): Health care fraud can take many forms, but there are common types of health care fraud schemes frequently prosecuted by... - [Choosing a Health Care Fraud Defense Attorney](http://griffindurham.com/blog/choosing-a-health-care-fraud-defense-attorney/): If you are a health care provider who has been accused of fraud, you need to hire an attorney—and quick.... - [The FTCA and the Military](http://griffindurham.com/blog/ftca/): A common question we receive: can members of the military sue under the Federal Tort Claims Act (“FTCA”)? Unfortunately, active-duty... - [Is There is A Government Investigation?](http://griffindurham.com/blog/how-do-i-know-i-am-under-government-investigation/): A frequent question we receive from clients is: how do I know whether I am under government investigation? The short... - [Who Leads Health Care Prosecutions?](http://griffindurham.com/blog/who-prosecutes-health-care-fraud/): Health care fraud prosecutions are led by three groups of prosecutors. Most investigations will be handled by a local U.... - [How Do I File an FTCA Case?](http://griffindurham.com/blog/how-do-i-file-an-ftca-case/): Because the Federal Tort Claims Act (“FTCA”) creates a different process than normal tort claims against a private party, those... - [COVID Fraud and DOJ Enforcement](http://griffindurham.com/blog/covid-19-fraud/): In 2020, the government launched an unprecedented response to the global COVID-19 pandemic. With the expansion and creation of government... - [Opioid Diversion and Civil Enforcement](http://griffindurham.com/blog/civil-opioid-and-diversion-enforcement/): Over the past few years, government agencies and the Department of Justice have cracked down on medical professionals they suspect... - [Federal Tort Claims Act 101](http://griffindurham.com/blog/federal-tort-claims-act-101/): This article, Federal Tort Claims Act 101, will give you the basics of this important tool to protect the rights... - [False Claims Act Priorities in 2021](http://griffindurham.com/blog/false-claims-act-priorities-under-the-biden-administration/): On February 17, 2021, Department of Justice (“DOJ”) Acting Assistant Attorney General Brian M. Boynton identified top priorities for the DOJ under... --- ## FAQs - [What are the potential penalties for Medicare billing fraud?](http://griffindurham.com/faqs/what-are-the-potential-penalties-for-medicare-billing-fraud/): Medicare billing fraud carries severe civil and criminal penalties, including treble damages, program exclusion, and lengthy prison sentences. If you... - [Bribery vs. extortion: What’s the difference?](http://griffindurham.com/faqs/bribery-vs-extortion/): Bribery and extortion are distinct yet equally serious offenses that can lead to severe legal and financial consequences. While bribery... --- # # Detailed Content ## Pages - Published: 2025-08-17 - Modified: 2025-08-27 - URL: http://griffindurham.com/contact/ 75 14th Street NE, Suite 2250Atlanta, GA 30309 Phone: 404. 891. 9150 Fax: 404. 891. 9150 --- - Published: 2025-05-14 - Modified: 2025-05-14 - URL: http://griffindurham.com/why-choose-us/referring-lawyers/ Big and complex cases often require a team. Our colleagues—in Georgia and across the country—frequently ask us to partner with them to obtain results for the clients. We frequently partner with other lawyers to work on cases that are document intensive, legally and factually complicated, and expensive. This is particularly true when you are facing off against an adversary with nearly unlimited resources—whether that be the United States government or a formidable opponent backed by high-powered lawyers. When to Call We receive requests to join forces with other lawyers at multiple stages. Many times, we are called before a case is filed. We help lead the investigation, conduct interviews, and position the case for litigation. We then can also help formulate the strategy before pleadings and discovery. In other cases, referring lawyers ask us to join the team as the case approaches trial. In the last several years, we have been asked to try multiple complex cases—criminal and civil—after trial dates were set. In these cases, we leverage our extensive trial experience as former federal prosecutors, experienced defense attorneys, and battle tested civil litigators to get results. We are happy to have referring counsel participate in whatever capacity he or she chooses. Why Refer the Client to Us Other lawyers partner with us because we get results. Opposing counsel knows we are not afraid to try a case. We also know how to maximize the value of a case in the event your opponent wishes to avoid trial. If a... --- - Published: 2024-11-20 - Modified: 2025-08-11 - URL: http://griffindurham.com/atlanta-money-laundering-defense-attorney/ Atlanta Money Laundering Defense Attorney Money laundering occurs when funds from illegal activities are funneled through legitimate businesses and banks to hide the source of the money before it is reacquired. Money laundering is an illegal offense that is subject to severe punishments. When you need an Atlanta money laundering defense attorney, you can partner with a team that has a proven track record of success. At Griffin Durham Tanner & Clarkson LLC, we provide top-tier defense strategies for clients arrested for money laundering. Our team faithfully represents our clients from the outset and is prepared to go to trial to resolve your case. If you are facing allegations of laundering money in Georgia, it is in your best interest to hire Atlanta white-collar criminal defense lawyers immediately. Unmatched defense from seasoned trial lawyers and former federal prosecutors Our team comprises experienced trial lawyers who handle federal cases and get results for our clients. We understand that many of our clients are at risk, and we provide them with aggressive defense strategies to mitigate the charges they face. Our team is dedicated to our clients and does not back down. Former federal prosecutors lead our firm, and their experience provides a unique perspective and advantage when representing our clients in federal cases. This allows us to anticipate and better understand the prosecution’s strategies to build a strong and thorough defense for them. Our team has our client's best interests at heart and provides exceptional service from start to finish. You... --- - Published: 2024-09-06 - Modified: 2024-10-30 - URL: http://griffindurham.com/wire-fraud-defense-lawyer-atlanta/ Wire and mail fraud are serious federal offenses with significant penalties. The complexities of these charges require an experienced and dedicated Atlanta white-collar criminal defense lawyer. At Griffin Durham Tanner & Clarkson LLC, a wire fraud defense lawyer in Atlanta specializes in navigating the intricate legal landscape surrounding these accusations to protect your rights and secure the best possible outcome for your case. Griffin Durham Tanner & Clarkson LLC is the leading fraud defense firm in Atlanta Griffin Durham Tanner & Clarkson LLC offers the expertise of a large firm with the flexibility of a small team. Our attorneys have extensive experience serving as high-ranking government prosecutors and working in large law firms. The firm excels in high-stakes cases, securing favorable outcomes in complex litigation. We provide creative fee arrangements, including fixed fees and hybrid arrangements, tailored to meet clients’ needs. Our versatility and personalized approach make us a strong choice for legal defense representation. We will work diligently to protect your rights and future. See why clients trust our expertise Choosing the right legal team can make a significant difference in the outcome of your case. Here is why our firm stands out and how we can help: Expertise and experience: Our white-collar criminal defense attorneys have extensive experience defending clients against wire and mail fraud charges. We understand the intricacies of federal law and the most successful strategies in these types of cases. Personalized defense: Every case is unique, and we take the time to understand your specific... --- - Published: 2024-09-06 - Modified: 2024-09-06 - URL: http://griffindurham.com/atlanta-government-program-fraud-attorney/ If you are under investigation concerning a government program fraud case, you must notify a defense lawyer immediately. When you receive a target letter or have been charged, federal agents likely already have a wealth of information and evidence against you. You need accomplished and dedicated legal representation from a qualified Atlanta government program fraud attorney. At Griffin Durham Tanner & Clarkson LLC, our Georgia white-collar criminal defense attorneys are focused on helping you prepare your response to allegations that may ruin your good name. We understand the severe penalties associated with a conviction, but also help you fight against other negative impacts of simply being a suspect. Contact us immediately to discuss your concerns so we can protect your rights. We provide top-tier representation against government program fraud charges With a background serving in offices for various government prosecuting attorneys’ offices, the team at Griffin Durham Tanner & Clarkson LLC provides superior knowledge and understanding of investigation techniques and goals. We can put this skill to work in preparing your defense, including having charges dismissed, identifying evidence against you, and negotiating reduced penalties. If you have been unwittingly involved in criminal acts, we can present a defense showing how you were unfairly targeted. Your white-collar crimes attorney will educate you on your options to prioritize your best interests. For executives who have been targeted, we can help your company prepare for a dawn raid from investigating agencies. Correct and focused preparation enables you to establish a response team and... --- - Published: 2024-06-24 - Modified: 2024-06-24 - URL: http://griffindurham.com/atlanta-federal-grand-jury-investigation-lawyer/ Atlanta Federal Grand Jury Investigation Lawyer The knock on the door, the subpoena in your mailbox, the unsettling feeling that you’re under scrutiny – these are just some of the initial anxieties that can arise when you become entangled in a federal grand jury investigation in Atlanta, Georgia. Understanding your rights and taking immediate action are crucial steps in protecting yourself during this complex and potentially life-altering process. At Griffin Durham Tanner & Clarkson LLC, an experienced Atlanta white-collar criminal defense lawyer will be dedicated to providing you with comprehensive legal guidance and zealous advocacy throughout the investigation. Our federal grand jury investigation lawyers in Atlanta will ensure you’re familiar with the intricacies of federal grand juries, potential consequences, and our legal team's critical role in safeguarding your interests. Griffin Durham Tanner & Clarkson LLC uses our experience as former federal prosecutors to your advantage At Griffin Durham Tanner & Clarkson LLC, we understand the serious implications of federal grand jury investigations and their potential impact on your life and livelihood. Here’s how we can assist you if you are facing a federal grand jury investigation. Early intervention We believe in proactive representation and intervening early in the grand jury process to protect your rights and interests. Our attorneys thoroughly review the facts and circumstances surrounding the investigation, assess the potential risks and liabilities, and develop a strategic defense strategy to mitigate the investigation’s impact. Legal guidance Accomplished federal grand jury investigation law firms in Atlanta, like Griffin Durham Tanner... --- - Published: 2024-01-30 - Modified: 2024-01-30 - URL: http://griffindurham.com/atlanta-government-investigations-lawyer/ Atlanta Government Investigation Lawyers Learning you are the target of a government investigation can be life-altering. You must act immediately to secure legal guidance from experienced Atlanta government investigation lawyers to protect your rights and freedom. At Griffin Durham Tanner & Clarkson LLC, we offer insight into what the government’s case may hold and how you can defend yourself. Our Atlanta lawyers prepare well-researched, grounded, and compelling defense strategies for clients facing potential white-collar criminal charges. Contact our Atlanta office at (404) 891-9150 to schedule a consultation. What does a government investigation entail? Government investigations are designed to uncover evidence indicating a crime was committed and to support bringing a case against an individual, group, or company. The investigation may include an audit or other process where the state or federal government targets those parties for closer scrutiny. Sometimes, they may look at your information before they notify you. If any government or law enforcement agents approach you, you should immediately ask to speak with your attorney. Naturally, you will want to explain your side of the situation, but it is best to allow a skilled government investigations lawyer in Atlanta to speak on your behalf. Once you are under the umbrella of attorney-client confidentiality, you can discuss the investigation and develop a defense. Common white-collar crimes the government frequently investigates Many crimes may warrant a full investigation at both the state and federal levels. Many state offenses can quickly escalate to federal charges when multiple jurisdictions are involved. Common... --- - Published: 2023-12-18 - Modified: 2024-11-07 - URL: http://griffindurham.com/white-collar-criminal-defense-atlanta/securities-fraud/ Investors lose money in stocks daily, whether they have too many to keep track of or simply lack patience. These are honest and common mistakes, but when a broker, financial advisor, or financial institution encourages someone to make an investment decision by manipulating the financial markets or providing false information, those advisors can face criminal charges. Securities fraud includes a wide array of illegal conduct on financial markets. The consequences of churning, Ponzi schemes, unauthorized or insider trading, and other securities violations can be severe. The skilled Atlanta lawyers with Griffin Durham Tanner & Clarkson LLC have years of experience defending the rights of individuals and organizations under investigation or being prosecuted for securities fraud. You need a top-rated Atlanta securities fraud lawyer by your side. Griffin Durham Tanner & Clarkson LLC will help you clear your name of the allegations against you so you can get back to your life with your reputation intact. Connect with an experienced federal criminal defense attorney at our firm today when you contact us for a confidential consultation. Common securities fraud cases we handle Financial markets are some of the most complicated areas of law. For this reason, securities fraud can come in multiple forms. Most often, it occurs when advisers or brokers need to provide information or false information that is material in an investor's decision to sell or buy securities. Your securities fraud litigation lawyer Atlanta is here to help you avoid the harsh criminal penalties associated with a conviction. Securities... --- - Published: 2023-12-18 - Modified: 2023-12-18 - URL: http://griffindurham.com/white-collar-criminal-defense-atlanta/anti-trust/ Antitrust violations are a serious cause for concern. If you have been accused of committing a crime as part of your business practices, you may be the subject of a serious antitrust investigation or even criminal penalties. The skilled Atlanta lawyers with Griffin Durham Tanner & Clarkson LLC are committed to helping our clients protect their businesses and rights when facing criminal charges. Your Atlanta antitrust lawyer can analyze the details and evidence in your case to determine which defenses are most likely to yield a favorable outcome. Our accomplished criminal defense attorneys have years of experience successfully arguing some of the most complex antitrust cases in state and federal courts. Contact our team for a confidential consultation today to learn how to defend yourself when you have been accused of an antitrust violation. Important antitrust laws Anti-competitive business practices are designed to "level the playing field,” with multiple laws in place to protect against antitrust violations. These laws include the Clayton Antitrust Act, the Sherman Antitrust Act, and the Federal Trade Commission Act. Each of these discourages monopolies and promotes fair competition in the marketplace. The state of Georgia has also implemented antitrust laws in an attempt to ensure Georgia businesses remain in compliance with both state and federal laws. Two of the most notable Antitrust laws include the Fair Business Practices Act, which is designed to reduce instances of market manipulation, and the Uniform Deceptive Trade Practices Act, which is designed to prohibit unethical business practices. Antitrust violations... --- - Published: 2023-11-29 - Modified: 2023-11-30 - URL: http://griffindurham.com/macon/ Macon LocationAt Griffin Durham Tanner & Clarkson, we represent clients in government investigations, complex litigation, and business litigation. Contact our Macon office today to get started. Practice AreasFalse Claims ActHeath Care FraudWhite Collar Criminal DefenseCatastrophic InjuriesBusiness LitigationAppeals --- - Published: 2023-04-25 - Modified: 2024-08-15 - URL: http://griffindurham.com/careers/ Careers We are a boutique law firm with a fast paced, sophisticated litigation practice. Our partners include BigLaw alums, as well as federal district and circuit court law clerks. All of our partners have served as federal prosecutors handling sophisticated white collar criminal cases, as well as high-stakes civil matters. Although we frequently partner with AmLaw firms, the Griffin Durham litigation teams are designed to be lean and efficient. We expect our associates to take substantive roles early and often. This includes creating written work product, taking depositions, and sitting at counsel table during trial. We are looking for young lawyers who want to take on significant responsibility and who can perform at a high level. For interested associate candidates, please reach out if our practice sounds like the right fit and if... You want more and earlier opportunities for brief writing, depositions, hearings, appellate arguments, and trials. You’re comfortable as a self-starter and flexible in a fast-paced environment. You want to litigate on both the plaintiff and defense sides, as well as both with and against the government. You have impeccable judgment. We are always looking for young attorneys. Ideal candidates will be those who graduated at the top of their class, worked on law review, and served in federal clerkships. Please submit a resume and cover letter for consideration to Brian Tanner (btanner@griffindurham. com). Equal Employment Opportunity Employer. prohibits any discrimination or harassment based on a person’s race, color, gender, national origin, age, disability, religion, sexual orientation, pregnancy,... --- - Published: 2023-03-31 - Modified: 2024-03-27 - URL: http://griffindurham.com/white-collar-criminal-defense/antitrust/ Even if your business practices were made with the best of intentions, Georgia antitrust laws can easily misinterpret a simple mistake as an illegal crime, leaving you the subject of an antitrust investigation. At Griffin Durham Tanner & Clarkson LLC, our Georgia antitrust defense lawyers are committed to protecting the rights of our clients and their businesses. As accomplished trial lawyers, we know how to effectively argue complex antitrust cases before state and federal courts. Contact our Atlanta office at (404) 891-9150 or our Savannah office at (912) 867-9140 to schedule a consultation with one of our experienced antitrust attorneys. Georgia antitrust lawsBefore the implementation of antitrust laws, companies were able to monopolize markets and manipulate prices for their own financial gain. This led to consumer exploitation, grossly inflated prices, and less competition within the market. By prohibiting these anti-competitive practices, antitrust law keeps the playing field level and gives businesses of all sizes an equal opportunity to compete. The federal government has enacted a number of antitrust laws that promote fair competition and discourage unjust monopolies, including the Sherman Antitrust Act, the Clayton Antitrust Act, and the Federal Trade Commission Act. In addition to these laws, Georgia has its own set of antitrust-adjacent laws designed to complement the federal statutes. Businesses in Georgia must abide by both federal and state antitrust laws in order to remain compliant with the law. Two state laws are particularly important to note: The Uniform Deceptive Trade Practices Act: This act prohibits deceptive and... --- - Published: 2023-03-31 - Modified: 2024-09-23 - URL: http://griffindurham.com/white-collar-criminal-defense/tax-fraud-attorney/ Fraud and tax evasion can be punishable by substantial terms of imprisonment, in addition to steep financial penalties. Don’t let it get to that point. Let an experienced fraud defense lawyer with Griffin Durham Tanner & Clarkson LLC help you prepare a strong defense. Time is of the essence, so call or contact us online today to schedule your consultation. What is tax fraud? Tax fraud occurs when an individual or business willfully and intentionally falsifies information on their tax return to avoid paying taxes. The act must be intentional –oftentimes the government will show that the motivation is greed rather than an honest mistake. The following are all considered tax fraud in Georgia:Filing any tax return, protest, report, or refund claim using false or fraudulent statements that are known by the filer to be false. Knowingly and intentionally omitting any circumstance, fact, condition, or thing on a written document, when the omission constitutes a material misrepresentation or misstatement of facts. Any plan, scheme, device, or trick to avoid or attempt to avoid paying taxes, interest, license, or penalties owed to the state. Convicting someone of tax fraud hinges on proving that they knowingly and willfully committed the acts or omissions when preparing the tax return or filling our tax documents with the intent to defraud Georgia. Types of tax fraudAlthough some mistakes might be unintentional errors by an individual or tax preparer such as not understanding the new tax laws, or what qualifies as income or a legitimate deduction,... --- - Published: 2023-03-02 - Modified: 2024-03-27 - URL: http://griffindurham.com/white-collar-criminal-defense-georgia/securities-fraud/ Securities fraud accusations carry devastating consequences on your business, finances, and reputation. Fortunately, the Georgia securities fraud lawyers at Griffin Durham Tanner & Clarkson don't shy away from these tough cases. We know how to build a strong defense for those facing investigations for securities fraud in Georgia. Led by former federal prosecutors, our team has a unique understanding of the intricate details of securities fraud law and the strategies used by prosecuting attorneys. We use this insight to develop tailored defense strategies that serve the best interests of our clients. If you or someone you know is facing an investigation, subpoena, or criminal charge related to securities fraud in Georgia, we can help. Call our Atlanta office at (404) 891-9150 or our Savannah office at (912) 867-9140 to schedule a consultation. What is securities fraud? Securities fraud is a white-collar crime that involves the misrepresentation, misappropriation, or manipulation of investments for personal gain. It can involve a broad spectrum of activities such as insider trading, stock price manipulation, or the falsification of financial records. People who work with investments and money, like investment brokers, dealers, and advisers, are most commonly accused of securities fraud, but anyone can face these charges. Even the most honest and ethical individuals may be wrongfully accused of securities fraud due to a misunderstanding or an administrative error. Prosecutors are known to take a hard stance on these cases, and convictions can lead to serious penalties, including imprisonment and fines. Civil penalties are also possible,... --- - Published: 2022-08-03 - Modified: 2025-07-30 - URL: http://griffindurham.com/white-collar-criminal-defense-atlanta/ Being accused or convicted of a white-collar crime in Atlanta can have serious consequences for your personal and professional life. Convictions can lead to substantial fines, loss of professional licenses, and even prison time. If you’re facing these allegations, don’t take them lightly. Work with the skilled Atlanta white-collar criminal defense lawyers at Griffin Durham Tanner & Clarkson LLC in Atlanta. Our dedicated team is here to provide support to achieve the best possible outcome. How can Griffin Durham Tanner & Clarkson LLC help you? Our team promptly gathers evidence to understand the government’s case and identify ways to challenge charges effectively at every stage. Prevent charges from being filed: If involved early, we can counter the government’s evidence before charges are filed, potentially avoiding a trial. Seek dismissal of charges: We scrutinize the evidence for weaknesses, aiming to dismiss charges pre-trial if possible. Negotiate a plea agreement: When beneficial, we negotiate plea deals to minimize penalties. Go to trial: If a plea or dismissal is unfeasible, we’re prepared to defend you vigorously in court. Our trial-tested attorneys walk the walk At Griffin Durham Tanner & Clarkson LLC, we’re more than just another defense firm. We’re dedicated trial attorneys with deep expertise in high-stakes cases. Our team includes former high-ranking government prosecutors, attorneys from prominent law firms, and professionals trained under prestigious federal judges. We established our firm with one mission: to leverage our extensive experience to deliver exceptional service and results for our clients. Proven experience in complex white-collar... --- - Published: 2022-08-03 - Modified: 2023-10-17 - URL: http://griffindurham.com/white-collar-criminal-defense-savannah/ White-collar crime includes a variety of non-violent crimes with a primary goal of realizing financial gain. Persons who are accused of white-collar crime face the prospect of incarceration, sometimes in the same facilities as violent criminals. To protect your reputation, freedom, and privacy, connect with an attorney as soon as possible. Griffin Durham Tanner & Clarkson LLC has deep experience in Georgia white-collar criminal defense and is ready to go to work on your behalf. Classifying White-Collar CrimeWhat differentiates general crime from white-collar crime is the motive and the position of the accused. White-collar criminals often occupy a professional position with power and/or prestige, earning significantly greater than average compensation. In fact, the term “white-collar crime” was first coined in the 1930s by a sociologist and criminologist who used it to describe crimes committed by “persons of respectability. ” These persons exploited their power or social status to engage in criminal activity for financial gain. Individual CrimeThere are variations of white-collar crime that depend upon the motivation of the party engaging in the crime. Individual white-collar crimes are those committed by individuals for their own personal financial gain. We’ll explore various examples of this type of white-collar crime below, which include fraud and embezzlement. Corporate CrimeCorporate crime is another form of white-collar crime committed by persons in a position of power or influence for financial gain. However, the purpose is not the personal financial enrichment of the criminal actor, but instead the financial enrichment of the company. Fraud is an... --- - Published: 2022-08-03 - Modified: 2024-03-13 - URL: http://griffindurham.com/catastrophic-injuries-atlanta/ Being injured in a catastrophic accident can complicate many areas of your life, and pursuing the maximum compensation you are entitled to through an insurance claim or lawsuit is especially difficult after such an accident. Working with our Atlanta catastrophic injury lawyers helps alleviate the stress and time demands of putting together your claim. You can rest assured that your attorney will make the most of your case. Our experienced Atlanta catastrophic injury lawyers at Griffin Durham Tanner & Clarkson LLC is available to discuss the details of your case. Read on to learn more about your rights after an accident or incident that leads to a catastrophic injury. What makes an injury catastrophic? A catastrophic injury is one that permanently changes the way in which you are able to live your life. The following are some common types of catastrophic injuries: ● Amputation or loss of limb is when an accident results in the actual physical loss of a limb, or the loss of the effective function of a limb. This can lead to an inability to work, and forever change the way in which personal hobbies and pastimes are enjoyed. ● Loss of sight, hearing, speech, or sensation can lead to debilitating conditions that impact your ability to enjoy your personal life. Sensory issues can negatively impact your capacity to work and your enjoyment in life, and can result in substantial damages. ● Damage to or removal of an organ or other body part can limit the body’s... --- - Published: 2022-08-03 - Modified: 2025-08-11 - URL: http://griffindurham.com/catastrophic-injuries-savannah/ Being seriously injured can lead to overwhelming physical, emotional, and financial pain. Victims of someone else’s carelessness can experience a loss of income in addition to a seemingly insurmountable level of medical expenses. Consulting with our Georgia catastrophic injury lawyers from Griffin Durham Tanner & Clarkson LLC can support the best possible outcome in your case. They’ve invested years working to fight for the rights of those whose lives have been irreversibly damaged as a result of someone else’s recklessness, inattention, or malice. If you have suffered an injury caused by the actions or inactions of someone else, you have the right to financial compensation. Connect with a Savannah catastrophic injury attorney by calling (912) 867-9140, and read on to learn more. How Georgia Law Defines Catastrophic Injury When it comes to accidents, Georgia Law Sec. 40-6-394 defines “bodily harm” as an injury which: Deprives him or her of a member of his or her body Renders a part of his or her body useless Seriously disfigures his or her body Causes brain damage which renders his or her body or any member thereof useless The way the law defines injuries will influence how your case is constructed, and ultimately, what damages you’re entitled to. Working with an experienced attorney who knows how the law applies to the unique facts and circumstances of your injury is the best way to support your recovery. Serious injuries that may qualify as catastrophic include: Georgia Code defines an accident that results in serious... --- - Published: 2022-02-01 - Modified: 2024-03-27 - URL: http://griffindurham.com/business-litigation-georgia/internal-investigations/ When corporate leadership or employees are suspected of misconduct, the last thing the company should do is sit back and wait to see what happens. Conducting an internal investigation is essential to evaluating criminal and civil allegations and uncovering other issues that could threaten the company’s profitability and reputation. The complex business litigation attorneys of Griffin Durham Tanner & Clarkson, LLC rely on their experience as former federal prosecutors to fully and independently investigate companies, determine whether any wrongdoing has occurred, and make recommendations for correcting the problems and limiting liability. Why Do You Need An Internal Investigation?   If your company, its corporate leadership or owners, or employees are accused of wrongdoing, it could severely jeopardize the future of the business. Misconduct could expose your company to lawsuits, civil and criminal investigations, and tighter government scrutiny. In turn, these can become a significant distraction for your company, diverting precious resources that could be better spent elsewhere. Moreover, a criminal or civil action, or even news of an investigation, could cause irreversible damage to your company’s reputation. Your business could also face legal exposure for failing to adhere to various regulations relevant to your industry. Meanwhile, government enforcement actions and other unwanted attention could prove to be costly, and the repercussions may be broader than you initially expected. Other stakeholders and investors might be deterred from further involvement with your company and wish to divest or sever ties. It’s a mistake to underestimate the severity of these matters. What might... --- - Published: 2021-10-11 - Modified: 2024-03-27 - URL: http://griffindurham.com/business-litigation-georgia/affirmative-recovery/ Just like individuals and the government, businesses can fall victim to crime, fraud, breach of fiduciary duties, or other malfeasance. At Griffin Durham Tanner & Clarkson LLC, we provide comprehensive fraud and recovery services, representing businesses, business owners, investors, and others affected by fraud. Our affirmative recovery business litigation team leverages its unparalleled experience as high-stakes Department of Justice (DOJ) prosecutors to identify, investigate, and recover compensation for victims of fraud. What Is Fraud and Recovery in Business Litigation? Businesses work alongside competitors, suppliers, vendors, consumers, and partners every day. Although usually complementary, these interactions present opportunities for businesses to be targeted by individuals seeking to abuse these relationships for personal gain. Competitors may use unfair or illegal practices to grow profits. Aggrieved individuals may embezzle or divert assets for personal use. Vendors may overcharge or bill for services not rendered. At Griffin Durham Tanner & Clarkson, LLC, we help C-suite executives and legal departments recover lost or misused funds. Tapping into our experience detecting fraud, we identify losses — including how the circumstances occurred and how they can be prevented in the future. But we don’t stop there. We also have the skills and experience to lead the fight and aggressively pursue litigation to maximize the recovery for our clients. Types of Claims Under Affirmative Recovery There are many types of potential claims under affirmative recovery. Our dedicated affirmative recovery team will assess the events in question and identify how much money could be recovered for the claims. Our... --- - Published: 2021-05-06 - Modified: 2024-03-27 - URL: http://griffindurham.com/white-collar-criminal-defense-georgia/government-investigations/ In many cases, the first time you learn you are the subject of a federal criminal investigation is upon receipt of a “target letter” from the Department of Justice (DOJ). If you receive a target letter, you should immediately seek assistance from experienced white collar defense counsel. One of the experienced Georgia federal investigations defense lawyers from Griffin, Durham, Tanner, & Clarkson is standing by to answer any questions you might have at (404) 891-9150. Read on to learn more about recent changes to federal investigations and how your attorney can help achieve the best possible outcome in your case. Important: Recent Changes to Federal Criminal LawWith each presidential administration comes changes to particular federal laws, and if your attorney is not up-to-date, your case could suffer. Griffin, Durham, Tanner, and Clarkson make it our business to stay up-to-date with all changes in the law that come with new administrations, including those being applied due to changes in the Biden Administration policy. Under the Biden Administration, potential criminal charges are going to start being reviewed based on the unique circumstances of each case. The most serious crime possible is no longer the only option for the government. Contacting an attorney as soon as you think charges might be filed can be especially advantageous to your case. Your experienced federal investigations defense lawyer in Georgia can potentially negotiate with the federal prosecutor before charges are filed to help mitigate the seriousness of the case that you ultimately face, if any. DOJ... --- - Published: 2021-04-12 - Modified: 2024-03-27 - URL: http://griffindurham.com/catastrophic-injuries-georgia/federal-tort-claims-act/ Griffin Durham Tanner & Clarkson LLC is known throughout Georgia for representing victims of catastrophic injury caused by the carelessness or intentional acts of others. Taking on a defendant as well-equipped as the federal government is no small task, but the attorneys at Griffin Durham Tanner & Clarkson LLC have years of experience representing victim’s rights against some of the most prominent names around. If you were injured due to the negligence of a government employee, you may be able to pursue compensation under the Federal Tort Claims Act (FTCA). Call our firm in Atlanta at (404) 891-9150 or in Savannah at (912) 867-9140. Common Types of FTCA Claims There are several types of FTCA claims that are common in Georgia. The FTCA exists to provide citizens who have been harmed by the actions of government employees with the ability to hold these workers accountable. Some common FTCA claims relate to military medical malpractice, the U. S. Department of Veterans Affairs medical malpractice, government vehicle accidents, and premises liability issues. We’ll break down each category below. Military Malpractice There are several major medical centers near military bases in Georgia that serve Army, Navy, and Air Force service members and their families. If the healthcare professionals at these military hospitals or clinics do their jobs incorrectly, patients can end up seriously injured or even permanently disabled. The FTCA is commonly used for military malpractice claims in Georgia so that these victims can sue the United States for the harm done to... --- - Published: 2021-02-12 - Modified: 2025-10-02 - URL: http://griffindurham.com/health-care-fraud/ Griffin Durham Tanner & Clarkson have garnered a distinguished reputation for adeptly guiding clients through the intricate landscape of healthcare fraud investigations. This area of fraud is a focal point of enforcement for federal and state authorities, with a significant number of individuals annually finding themselves under scrutiny by investigators. The firm’s deep expertise in this complex field allows them to navigate the challenges posed by such high-priority cases, ensuring clients receive the most effective defense possible. Founded by decorated former federal prosecutors, Griffin Durham Tanner & Clarkson has unique insight into how the government investigates and prosecutes. Our attorneys have led fraud investigations in some of the largest and most complex cases across the country and have served as:United States AttorneysCriminal ChiefCriminal Health Care Fraud CoordinatorsCivil Health Care Fraud CoordinatorAffirmative Civil Enforcement CoordinatorInstructors of healthcare fraud for DOJ attorneysIf you are suspected, accused, or indicted on charges of healthcare fraud, you need the knowledge and experience our criminal defense team provides. One of our healthcare fraud lawyers is standing by to answer any questions you might have. Call our firm at (404) 891-9150 now. How Griffin Durham Tanner & Clarkson Can HelpWhile the federal and state governments have enormous resources, our healthcare fraud defense attorneys have intricate knowledge of how they operate. We have worked with every agency that investigates these types of fraud claims. We have also established relationships with retired federal agents, including the FBI and Office of Inspector General, U. S. Department of Health and Human... --- - Published: 2021-02-12 - Modified: 2025-06-23 - URL: http://griffindurham.com/white-collar-criminal-defense/ Our experienced white-collar crimes defense attorney at Griffin Durham Tanner & Clarkson has successfully defended many high-powered company executives, professionals, and elected officials nationwide. We have the well-honed skills to protect you through government investigations, subpoenas, and litigation. Contact us immediately if you have been arrested, received a target letter from the Department of Justice, or served with a summons notifying you of an indictment or criminal complaint. We can begin taking the necessary steps to protect your rights. One of our white-collar crime defense attorneys is standing by to consult on your case. Call us now at (404) 891-9150 for the Atlanta area or (912) 867-9140 for Savannah. What Steps Will Griffin Durham Tanner & Clarkson Take to Defend You? Depending on the complexities of your case and the weight of evidence against you, a favorable outcome may consist of the following. Prevent charges from being filed. In cases of white collar crime, it is possible to prevent charges from being filed by engaging in proactive negotiations with the prosecutor. By discussing the evidence early on, we can identify weaknesses in the case or find mitigating factors that could lead to a dismissal or reduction of charges. This approach allows us to resolve the matter before it escalates, potentially saving you from a lengthy legal battle and a criminal record. Having all charges dismissed. By carefully challenging the evidence presented, we have successfully secured the dismissal of all charges against our clients. This strategic approach has allowed us to... --- - Published: 2021-02-12 - Modified: 2025-09-02 - URL: http://griffindurham.com/false-claims-act/ Griffin Durham Tanner & Clarkson is known for its expertise in pursuing and defending False Claims Act (FCA) investigations. Our attorneys have prosecuted and defended FCA cases resulting in more than $100 million in settlements and judgments. Our experience spans all sides of FCA cases. We have represented whistleblowers, companies, and individuals in matters involving allegations of fraud against the government. This diverse background gives us a comprehensive understanding of FCA litigation, allowing us to effectively advocate for anyone involved in an FCA investigation. Call (404) 891-9150 to speak with a False Claims Act Attorney. Griffin Durham has extensive experience with FCA cases At Griffin Durham Tanner & Clarkson LLC, we help clients navigate False Claims Act (FCA) cases with confidence and expertise. Whether you're a whistleblower looking to expose fraud against the government or a company facing FCA allegations, we provide strategic legal guidance every step of the way. Our team has extensive experience handling complex FCA litigation, from investigating fraud in healthcare and government contracts to defending clients against enforcement actions. We work tirelessly to protect whistleblowers, maximize potential rewards, and build strong defences for those under investigation. No matter your position in an FCA case, we are here to advocate for you. Results obtained from Griffin Durham’s clients speak for themselves Recent relator wins: Confidential settlement during middle of trial testimony, resulting in one of largest procurement fraud recoveries in Georgia Confidential settlement in a declined health care fraud and Anti-Kickback Statute case. Confidential settlement in a... --- - Published: 2021-02-12 - Modified: 2025-06-24 - URL: http://griffindurham.com/business-litigation-lawyer/ Griffin Durham Tanner & Clarkson has extensive experience representing clients in a wide range of high-stakes business litigation. This includes cases involving business torts, contract disputes, employment disputes, fiduciary duties, fraud, internal investigations, restrictive covenants, partnership disputes, and trade secrets. Every business dispute is unique, but in each case our objective is the same: efficiently deliver the best outcome possible. We will work with you to understand your unique situation, your goals, and develop a tailored strategy to achieve those goals. Call (404) 891-9150 or schedule an online consultation. Advantages of contacting our skilled business litigation attorneys Running a business is demanding enough without the added burden of complex legal disputes. At Griffin Durham Tanner & Clarkson, our experienced business litigation attorneys act as a strategic buffer between you and the legal challenges that threaten your operations, reputation, and bottom line. During your initial consultation, we take the time to understand the nature and structure of your business. From there, we step in to protect your interests and resolve conflicts that may be disrupting your efficiency or profit margins. Our commercial litigation lawyers have successfully handled high-stakes civil litigation involving breach of contract, partnership disputes, shareholder litigation, and intellectual property claims. With millions of dollars at stake in some cases, we are fully equipped to represent businesses across industries and at every stage of growth. We know that every business has unique goals, risks, and concerns. That’s why we provide tailored legal strategies based on the specific facts and long-term... --- - Published: 2021-02-12 - Modified: 2025-06-24 - URL: http://griffindurham.com/catastrophic-injury-lawyer/ A catastrophic injury can instantly change your life—physically, emotionally, and financially. At Griffin Durham Tanner & Clarkson, our compassionate and experienced catastrophic injury lawyers understand the immense challenges you’re facing. We’ve spent years fighting for individuals and families whose lives were shattered in just moments due to someone else’s negligence, recklessness, or intentional harm. These devastating injuries often lead to overwhelming medical bills, loss of income, and long-term care needs—not to mention the pain and suffering that follows. If your injury was caused by another’s wrongdoing, you have the right to seek full and fair compensation. Contact us today at (404) 891-9150 for a consultation with a catastrophic injury attorney who will advocate fiercely for your recovery and your future. Why choose Griffin Durham to represent your case? When it comes to life-altering injuries, not all law firms are equipped to handle the complexity and sensitivity required. At Griffin Durham Tanner & Clarkson, our experienced catastrophic injury attorneys are committed to fighting for injury victims and their families across the country. We understand how devastating catastrophic injuries can be—both physically and emotionally—and we’re here to help you reclaim your life. Catastrophic injuries include conditions like traumatic brain injuries, spinal cord injuries, severe burns, amputations, and other long-term or permanent impairments. These injuries often rob people of their independence, limit their ability to engage in activities they once enjoyed, and dramatically reduce their quality of life. Our team of skilled personal injury lawyers and injury attorneys will work tirelessly to ensure... --- - Published: 2021-02-12 - Modified: 2025-04-14 - URL: https://griffindurham.com/why-choose-us/ Big Firm Talent. Small Firm Flexibility. At Griffin Durham Tanner & Clarkson, we are not a “plaintiff’s firm” or a “defense firm. ” We are trial attorneys. Our attorneys have served as high-ranking government prosecutors, worked at large law firms, and trained under prestigious federal judges. We founded this firm with a simple mission: use our expertise to provide clients exceptional service in high-stakes matters. We Win Since our founding in 2021, we have delivered for our clients across a range of practice areas. Criminal Wins: Dismissal of felony charges against business owner for cyber crimes. Dismissal of eight-figure health care fraud indictment of c-suite executive. Dismissal of $100 million+ health care fraud indictment of business owner. Dismissal of forfeiture proceeding with prejudice against small business. Probation-only (no jail time) sentence for c-suite executive in seven-figure federal fraud prosecution. Probation-only (no jail time) sentence for business owner in eight-figure health care fraud prosecution. Probation-only (no jail time) sentence for business executive in wire fraud prosecution. Probation-only (no jail time) sentence for business executive in wire and immigration fraud prosecution Obtained over 20 declinations of “targets” of federal criminal investigations. Civil Wins: Confidential False Claims Act (FCA) settlement during middle of trial testimony, resulting in one of largest procurement fraud recoveries in Georgia. Three confidential False Claims Act (FCA) settlements in declined cases during litigation. Confidential false Claims Act (FCA) nuisance settlement for clients during trial. Seven figure settlement for injured clients in tractor trailer case. Seven figure settlement for injured... --- - Published: 2018-12-07 - Modified: 2020-11-19 - URL: https://griffindurham.com/disclaimer/ Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Privacy Policy What personal data we collect and why we collect it Comments When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic. com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment. Media If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website. Contact forms Cookies If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that... --- - Published: 2016-05-13 - Modified: 2022-08-23 - URL: https://griffindurham.com/thank-you-request-appointment/ Thank you for contacting us. Someone will get in touch with you shortly. Disclaimer: This firm does not represent you in the absence of an executed fee agreement or engagement letter. --- - Published: 2016-05-13 - Modified: 2022-08-23 - URL: https://griffindurham.com/thank-you-quick-contact/ Thank you for contacting us. Someone will get in touch with you shortly. Disclaimer: This firm does not represent you in the absence of an executed fee agreement or engagement letter. --- - Published: 2016-05-13 - Modified: 2022-08-23 - URL: https://griffindurham.com/thank-you/ Thank you for contacting us. Someone will get in touch with you shortly. Disclaimer: This firm does not represent you in the absence of an executed fee agreement or engagement letter. --- --- ## Posts - Published: 2025-09-01 - Modified: 2025-09-04 - URL: http://griffindurham.com/blog/physician-fraud-cases-and-their-outcomes/ - Categories: Health Care Fraud Blog 2025 has seen several notable physical fraud cases, and the year isn't over yet. Some of these cases have been handled through civil settlements and others have been prosecuted criminally. One involved a Texas pain management physician alleged to have falsified billings for neurostimulator procedures; another one involved a Michigan physician who received a four-year prison sentence for fraud. Physician fraud cases have been in the news a lot lately, and coming on the heels of the recent Medicare fraud scheme implicating some of the nation's major insurance carriers, there's even more scrutiny of the healthcare provider billing anomalies. If you suspect healthcare fraud, including overbilling the government, falsification of patient records, and receipt of "kickbacks," you have the right to file a qui tam lawsuit under the False Claims Act. An experienced healthcare fraud attorney can help you understand your options and represent you in the proceedings. Let's look closer at some of the most notable physical fraud cases filed in 2025. Dr. Benjamin Tiongson, Texas pain management doctor Dr. Benjamin Tiongson faced charges of falsified billing for neurostimulator electrode implantation procedures. Dr. Tiongson practiced in the Houston, TX metro area, including Katy and Sugarland. The federal government alleged that Dr. Tiongso had improperly billed insurance carriers for invasive surgical procedures to treat chronic pain and movement disorders that had not responded well to other treatments. In fact, the patients received electro-acupuncture treatments, a much less invasive (and less costly) procedure. Dr. Tiongson agreed to repay the government $390,082... --- - Published: 2025-08-28 - Modified: 2025-09-09 - URL: http://griffindurham.com/blog/houston-surge-in-healthcare-fraud-prosecutions/ - Categories: Health Care Fraud Blog In what the U. S. Department of Justice (DOJ) calls the largest healthcare fraud crackdown in its history, more than 320 people across the country are now facing charges. The DOJ and other federal agencies are using new tools to track suspicious billing and identify fraudulent claims. If you work in healthcare, even in a non-clinical or administrative role, it’s more important than ever to understand how these investigations work and what might trigger one. If you’re looking for a healthcare fraud lawyer, Griffin Durham Tanner & Clarkson LLC has extensive experience handling these complex cases. DOJ files dozens of Houston-area charges Houston has become one of the most active areas in this national crackdown. The DOJ filed 22 cases in the Houston federal court, involving dozens of healthcare providers and companies. The charges include everything from billing for unnecessary procedures to misusing COVID-19 relief funds. Here are some of the notable allegations: Dr. David Jenson and Nestor Romero allegedly billed Medicare over $90 million for unnecessary “second skin” procedures. Their company received more than $45 million in reimbursements. Jenson is also accused of spending the money on personal purchases. Mahmood Sami Khan and Suhaib Chaudhry are charged with running a fake COVID-19 testing scheme. Prosecutors say their companies submitted over $894 million in false claims and received nearly $300 million. They allegedly laundered the money through various bank accounts. United Palliative & Hospice Care owners Dera Ogudo, Victoria Martinez, and Evelyn Shaw are accused of billing Medicare and Medicaid... --- - Published: 2025-08-14 - Modified: 2025-09-09 - URL: http://griffindurham.com/blog/health-care-fraud-crackdown/ - Categories: Health Care Fraud Blog In 2025, the Department of Justice (DOJ) announced the largest health care fraud takedown in U. S. history. This sweeping operation uncovered $14. 6 billion in intended losses due to schemes ranging from opioid trafficking to fraudulent medical equipment billing. Over 320 defendants were charged, including doctors, pharmacists, and even international crime organizations. While the headlines focused on the billions stolen, the real takeaway for health care providers is clear: compliance and transparency have never been more important, and a health care fraud lawyer can help. A historic enforcement operation Dubbed the 2025 National Health Care Fraud Takedown, the DOJ’s efforts spanned 50 federal districts and involved both criminal and civil enforcement. In total: $14. 6 billion in intended fraud losses were identified 15. 6 million pills of controlled substances were distributed illegally $245 million in cash, luxury vehicles, cryptocurrency, and other assets were seized 324 defendants were charged, including 96 medical professionals Civil enforcement resulted in $48. 6 million in settlements and charges against 126 defendants The magnitude of the fraud revealed how deeply some individuals and networks have exploited the U. S. health care system and how aggressively federal agencies are now responding. The fraud schemes involved in the health care fraud crackdown The schemes uncovered went far beyond overbilling or coding errors. These were deliberate, organized efforts to siphon money from Medicare, Medicaid, and private insurers, often at the expense of vulnerable patients. Opioid pill mills and drug trafficking One of the most alarming cases involved the... --- - Published: 2025-07-31 - Modified: 2025-08-21 - URL: http://griffindurham.com/blog/fca-enforcement-doj-civil-rights-higher-education/ - Categories: False Claims Act Blog & News The Department of Justice (DOJ) is reimagining how it enforces the False Claims Act (FCA), and federal contractors, colleges, and universities should take note of this development. In May 2025, the DOJ launched the Civil Rights Fraud Initiative, a bold strategy that links the administration’s view of civil rights contracting compliance to financial crimes. For the first time, the federal government will pursue FCA claims against contractors and schools that violate civil rights laws while receiving federal funds. This shift marks a dramatic expansion in how the FCA is applied, moving beyond traditional fraud claims to encompass alleged violations regarding contracting preferences, set-aside contracts, and other commonplace arrangements for contracts, with severe consequences. If your company or institution is concerned about exposure, it’s wise to speak with a False Claims Act lawyer to understand your risk and legal options. What is the Civil Rights Fraud Initiative? Announced by Deputy Attorney General Todd Blanche, the DOJ’s Civil Rights Fraud Initiative aims to hold federal contractors and federally funded institutions accountable if they violate federal civil rights laws like Titles IV, VI, and IX of the Civil Rights Act of 1964. According to the DOJ, schools and contractors may face liability under the FCA if they: Promote discriminatory DEI policies in contracting or hiring Fail to protect Jewish students from antisemitism Allow men into women’s restrooms Require women to compete against men in sports These examples, included in a DOJ memorandum, signal that false certifications of compliance with civil rights laws, especially... --- - Published: 2025-07-17 - Modified: 2025-08-20 - URL: http://griffindurham.com/blog/inside-the-1b-healthcare-fraud-case/ - Categories: Health Care Fraud Blog Technology has transformed the way healthcare operates, for the better in many cases. But when that innovation is used to exploit vulnerable patients, it can lead to serious consequences. That’s what happened in one of the largest healthcare fraud schemes in U. S. history. The CEO of Power Mobility Doctor Rx, LLC (DMERx), a healthcare software company, was recently convicted of leading a scheme that defrauded Medicare and other federal programs of more than $1 billion. The scheme targeted seniors, misused personal information, and relied on false prescriptions to bill insurers. It’s a case that shows why collaborating with an experienced healthcare fraud lawyer is crucial when the stakes involve federal programs. What the DMERx scheme looked like According to the U. S. Department of Justice, Gary Cox, 79, operated DMERx with a single goal: to generate fake doctors’ orders to allow pharmacies and DME suppliers to bill Medicare for unnecessary products. Here’s how it worked: Cox and his team used a software platform to create fraudulent prescriptions for braces, creams, and other equipment. These prescriptions were based on little or no contact with patients, sometimes just a short phone call or no interaction at all. The orders falsely claimed a doctor had reviewed and approved them. DMERx then connected pharmacies and telemedicine providers willing to pay kickbacks for those orders. In return, Cox and his co-conspirators were paid to route the fake orders to those willing to pay. In total, according to the DOJ, the group submitted over $1... --- - Published: 2025-06-27 - Modified: 2025-07-23 - URL: http://griffindurham.com/blog/us-sues-health-insurers-kickbacks-discrimination/ - Categories: Health Care Fraud Blog The U. S. Department of Justice filed a lawsuit in May against three of the country’s largest private health insurers for violating the False Claims Act, specifically in the form of “kickbacks. ” Hundreds of insurance brokers at eHealth, GoHealth, and SelectQuote are accused of engaging in a far-reaching kickback scheme with CVS Health, Aetna, Elevance Health, and Humana. The suit alleges that the insurers violated the False Claims Act by instructing their brokers to steer patients to select Medicare Advantage plans with the highest kickbacks (disguised as sponsorship or marketing payments) from 2016 to 2021. The complaint was filed in Boston federal court and is one of the largest whistleblower cases in history. The Department of Justice (DOJ) seeks unspecified damages and heavy penalties for those involved. DOJ’s claim is filed under the False Claims Act In May 2025, the U. S. Department of Justice, acting on tips from whistleblowers, filed a lawsuit under the False Claims Act, alleging kickbacks involving the Medicare Advantage program. The government’s case is a long time coming; it originated from a 2021 lawsuit filed under the False Claims Act. The False Claims Act is a federal statute that protects whistleblowers reporting fraud and abuse in both public and private corporations, agencies, healthcare providers, and other entities. The law provides protections for whistleblowers and imposes criminal and civil penalties on companies that engage in bribery and kickbacks, fraudulent accounting, and the inflation of services for Medicare and Medicaid reimbursement, as well as the falsification... --- - Published: 2025-06-20 - Modified: 2025-06-20 - URL: http://griffindurham.com/blog/dei-false-claims-act-effects/ - Categories: False Claims Act Blog & News The intersection of Diversity, Equity, and Inclusion (DEI) initiatives and the False Claims Act (FCA) has become a focal point in the evolving political and legal landscape under the Trump Administration. Recent executive orders and legal challenges have introduced complexities for organizations, especially those receiving federal funds. Understanding these developments is crucial for businesses and institutions to navigate potential legal risks, with the help of a False Claims Act lawyer. The Trump Administration's Executive Order on DEI In January 2025, President Trump signed an executive order targeting DEI programs across federal agencies and contractors. The order mandates that entities receiving federal funding certify compliance with federal civil rights laws and discontinue DEI practices deemed discriminatory. Non-compliance could result in the loss of federal funding and potential liability under the FCA. The Administration’s approach represent a massive change from past positions taken by the government in federal contracting. Implications for federal contractors and grant recipients Organizations with DEI programs that receive federal funds are now at increased risk of FCA liability. The FCA imposes penalties for knowingly submitting false claims for payment to the government. If an organization falsely certifies compliance with the executive order, it may be subject to FCA enforcement, including whistleblower lawsuits and significant financial penalties. Legal challenges and injunctions The executive order has faced legal challenges. In February 2025, a federal judge issued a nationwide preliminary injunction prohibiting the enforcement of certain provisions of the executive order. This injunction provides temporary relief to contractors, grant recipients, and... --- - Published: 2025-05-29 - Modified: 2025-06-24 - URL: http://griffindurham.com/blog/understanding-260-million-jj-verdict-healthcare-fraud-lessons/ - Categories: Health Care Fraud Blog In April 2025, a New York jury awarded $130 million to United States in a False Claims Act (FCA) case. This case shines a spotlight on both FCA enforcement, as well as broader compliance and risk management issues—especially regarding healthcare fraud risks—that companies must navigate carefully with the help of a healthcare fraud lawyer. Case allegations and outcome In this case, the Government alleged that Omnicare fraudulently dispensed drugs without valid prescriptions to elderly and disabled people in assisted living facilities and other residential long-term care facilitiesAfter a four-week trial, the jury found that Omnicare billed Medicare, Medicaid, and TRICARE for over three million false claims resulting in $135,592,814 in damages. Under the federal False Claims Act, the Government is entitled to three times the amount of these assessed damages, or $406,778,442, plus statutory penalties to be determined by the Court. This is one of the largest damages verdicts rendered by a jury in a False Claims Act case. The jury also found CVS Health Corporation, Omnicare’s parent, liable for causing Omnicare to submit false claims. Broader implications for business While this case is noteworthy for highlighting the DOJ’s continued emphasis on the FCA as its primary tool to combat alleged fraud, it also highlights crucial lessons for organizations operating in the healthcare sector about managing healthcare fraud risks. Companies involved in healthcare products, services, or billing must be vigilant to avoid allegations of fraud and ensure compliance with complex regulations. Rigorous compliance with healthcare laws and regulations Healthcare fraud... --- - Published: 2025-05-05 - Modified: 2025-05-21 - URL: http://griffindurham.com/blog/doj-healthcare-fraud-takedown/ - Categories: Health Care Fraud Blog Every year, the Department of Justice’s (DOJ) Healthcare Fraud Strike Force and various U. S. Attorney’s Offices around the country conduct a nationwide enforcement action. Together with law enforcement agencies like the Federal Bureau of Investigation (“FBI”), Health and Human Services Office of the Inspector General (“HHS-OIG”), and Medicaid Fraud Control Unit (“MFCU”) teams from state Attorney General’s offices, these “takedowns” (as they are often called) involve the coordinated filing of scores of federal indictments against individuals and businesses all over the country for healthcare fraud related offenses. Charges often include health care fraud, conspiracy, wire fraud, identity theft, the filing of false claims, and violations of the anti-kickback statute. The number of defendants charged in these takedowns often numbers in the hundreds and the dollar figures associated with their alleged crimes collectively soar into the billions.   DOJ takedowns happen without advance notice and leave individuals charged scrambling to pick up the pieces and protect their rights. The uncertainty is heightened by the fact that these takedowns are accompanied by a flurry of law enforcement activity, such as the issuance of subpoenas, the execution of search warrants, and unexpected arrests.   Having a lawyer by your side is critical during such a time. Knowing in advance that you or your company will face this situation, however, is difficult. In some years, these takedowns have taken place in August or September. The last two years, however, takedowns were announced on June 27, 2024 and June 28, 2023. Together, these takedowns... --- - Published: 2025-04-24 - Modified: 2025-05-07 - URL: http://griffindurham.com/blog/top-irs-cases-of-2024/ - Categories: White Collar Crimes Blog In 2024, federal agencies ramped up enforcement of white-collar crime, leading to substantial financial penalties and lengthy prison sentences. The year’s most notable cases—spotlighted by the IRS Criminal Investigation Division—underscore the high stakes for individuals and organizations facing legal scrutiny. For those under investigation or indictment, the experienced white-collar crime defense attorneys at Griffin Durham Tanner & Clarkson LLC offer strategic, high-level defense to protect your rights, reputation, and future. Call (404) 891-9150 or contact us online for a confidential consultation. January 2024: Three major cases in the first month of the year Conservation easement fraud: Promoters sentenced to 23 and 25 years CPA Jack Fisher and attorney James Sinnott were convicted for selling over $1. 3 billion in fraudulent conservation easement deductions, leading to $450 million in tax losses. Both were sentenced to more than two decades in prison. Key charges: Tax fraud, conspiracy under 18 U. S. C. § 371. Takeaway: The IRS continues to prioritize enforcement against abusive tax shelters. Professionals promoting or using such structures should seek immediate legal guidance when facing an audit or subpoena. José Huizar convicted in Los Angeles pay-to-play scheme Former L. A. City Councilman José Huizar was sentenced to 13 years for running a bribery and racketeering conspiracy, accepting millions in gifts from real estate developers in exchange for political favors. Key charges: Racketeering (RICO), bribery, tax evasion. Takeaway: Public officials and their associates can face harsh penalties under the federal RICO Act (18 U. S. C. § 1961 et seq.... --- - Published: 2025-04-10 - Modified: 2025-05-07 - URL: http://griffindurham.com/blog/signs-of-being-under-federal-investigation/ - Categories: Government Investigations White collar criminal investigations can be lengthy and complex, often proceeding without the target's knowledge for months or even years. Unlike street crimes where arrests typically happen immediately, federal white collar investigations involve extensive evidence gathering before charges are filed. Recognizing the warning signs early can make a critical difference in your defense strategy. Keep reading for more from our white-collar crimes defense attorney, then call (404) 891-9150 to request a consultation today. Early warning signs of federal Investigation Unusual contact from government agencies One of the earliest indicators may be seemingly routine communications from federal agencies like the SEC, IRS, FBI, or other regulatory bodies: Subpoenas for records or testimony – Whether directed to you personally or to your business, these formal requests for documents should never be ignored Audit notifications – While many audits are random, some may be triggered by suspicious activity reports “Informal” requests for information – Even casual-sounding inquiries from federal agents deserve immediate attorney consultation Colleagues, employees, or associates being contacted Federal investigators often "work the edges" of an investigation, approaching peripheral figures before confronting primary targets: Former employees receiving interview requests Business partners being questioned about specific transactions Competitors being approached about industry practices When agents interview these individuals, they typically request discretion, but word often spreads. If you hear about such contacts, it's a significant warning sign. Changes in your professional relationships Pay attention if: Business associates suddenly become distant Clients unexpectedly terminate relationships Vendors alter their payment terms without explanation Colleagues... --- - Published: 2025-03-20 - Modified: 2025-05-08 - URL: http://griffindurham.com/blog/foreign-corrupt-practices-act-compliance-checklist/ - Categories: White Collar Crimes Blog The Foreign Corrupt Practices Act (FCPA) is a fundamental U. S. anti-bribery law that prohibits individuals and businesses from offering bribes to foreign officials to secure business advantages. The law applies to U. S. companies, foreign entities listed on U. S. exchanges, and individuals engaging in international business, imposing severe civil and criminal penalties for violations. The FCPA presents unique compliance risks for healthcare providers, pharmaceutical companies, and medical device manufacturers, as interactions with foreign healthcare professionals and government officials can lead to liability. At Griffin Durham Tanner & Clarkson LLC, our Atlanta white-collar criminal defense lawyers offer strategic defense and compliance solutions to help businesses and executives navigate FCPA enforcement risks. This FCPA compliance checklist outlines key risk areas, internal controls, and best practices to help organizations mitigate exposure and ensure compliance. Understanding FCPA compliance The FCPA (15 U. S. C. §§ 78dd-1, et seq. ) contains two primary provisions: Anti-bribery provisions – Prohibit offering, promising, or giving anything of value to foreign officials to influence decisions. Accounting provisions – Require companies to maintain accurate financial records and implement internal controls to prevent bribery. Failure to comply can lead to criminal prosecution, significant fines, and reputational damage, making a robust compliance program essential. FCPA compliance checklist Establish a strong corporate compliance program Develop and document an FCPA compliance policy – Ensure the policy clearly outlines anti-bribery rules, reporting procedures, and disciplinary actions. Appoint a compliance officer – Designate an individual or team responsible for monitoring FCPA adherence. Ensure board... --- - Published: 2025-03-04 - Modified: 2025-03-17 - URL: http://griffindurham.com/blog/the-main-elements-of-securities-fraud/ - Categories: Fraud Blog Those who advise on, trade, or manage investments for others must make quick decisions to maximize their clients’ worth, and sometimes, their actions may appear to be fraudulent. The government is quick to pursue those it suspects of illegal actions, putting your future at risk if they turn their sights on you. Facing charges of securities fraud can be frightening, even when they aren’t valid claims. If you are in this situation, it’s vital to know the main elements of securities fraud and how to avoid penalties. The Atlanta white-collar criminal defense lawyers at Griffin Durham Tanner & Clarkson LLC can guide you through the process by discussing securities fraud elements and other concerns. How does the government define securities fraud? The U. S. government describes securities fraud as presenting inaccurate or misleading information regarding a security to manipulate the value of that instrument for an individual’s own monetary benefit. These instruments can be stocks, bonds, certificates of deposit, treasury investments, and similar items under the jurisdiction of the Securities and Exchange Commission (SEC). Those who commit securities fraud usually do so to influence the performance of a product they wish to sell or buy so they reap a greater financial windfall. Suspicious behaviors include brokers who embezzle money, use advanced fee tactics before trading occurs, and use Ponzi or pyramid schemes. Whether you have actually engaged in securities fraud or not, defending yourself against the U. S. government requires representation from highly skilled attorneys. The Federal Bureau of Investigation... --- - Published: 2025-02-18 - Modified: 2025-02-24 - URL: http://griffindurham.com/blog/laboratories-fraudulent-billing-federal-prosecutor-tips/ - Categories: Fraud Blog The single biggest focus of Department of Justice (“DOJ”) has been a crackdown on laboratories alleged “fraudulent” billing. Starting five years ago, the DOJ has aggressively prosecuted lab owners, executives, and employees who it suspects has engaged in one of several “schemes”.   As part of successive, nationwide operations in 2019 and continuing through 2022, DOJ has arrested dozens of individuals from coast to coast for billions in alleged fraudulent billings. The focus of these operations has shifted from blood/toxicology, to pharmacogenomics, cancer testing, cardiovascular testing, and COVID-19 testing. Lab owners and executives who are active in the industry should look to past enforcement actions to identify what DOJ perceives to be “red flags”. DOJ’s theories focus on three complimentary approaches: (1) how labs obtain patients, (2) the underlying medical necessity of the tests, and (3) how the claims are billed.   Getting Patients: Is it “Marketing” or a Kickback? One popular theory of enforcement by DOJ and its agency partners is to view certain marketing and business development activities as “kickbacks”. The Anti-Kickback Statute, 42 U. S. C. § 1320a-7b(b) (“AKS”), arose out of Congressional concern that providing things of value to those who can either offer/direct or solicit/receive “referrals”. The AKS prohibits any person or entity from knowingly and willfully soliciting or receiving “remuneration” in return for referring a person for the furnishing of any service for which payment may be made in whole or in part by a “Federal health care program. ” “Remuneration” under the AKS... --- - Published: 2025-02-18 - Modified: 2025-02-24 - URL: http://griffindurham.com/blog/doj-cracks-down-dme-fraud-federal-prosecutor-tips/ - Categories: Fraud Blog Beginning with Operation Brace Yourself, the Department of Justice (“DOJ”) launched widespread and headline-grabbing prosecutions of individuals and companies throughout the durable medical equipment (“DME”) world.   For more than four straight years, the DOJ has aggressively prosecuted owners, executives, and others that the government suspects for fraudulent billing. Like clockwork, the DOJ executes coordinated operations to arrest and charge dozens of individuals each year. DOJ has claimed to have prosecuted owners and executives of DME collectively responsible for billions of dollars in fraud and counting. These prosecutions have led to prosecutions that could result in decades long prison sentences and millions in restitution and fines. Business owners and executives who are active in the durable medical equipment industry should look deeper into these trends to draw out some key lessons. These lessons can help identify potential missteps before they become major problems.   The Patients Commonly referred to as “health care fraud” enforcement actions, DOJ prosecutors care as much about how patient identities and orders end up at a DME as they do what is ultimately billed. The Anti-Kickback Statute prohibits the payment of anything of value to induce the referral of business reimbursable by federal health care programs. Put another way, the AKS prohibits the buying and selling of the ability to bill Medicaid and Medicare for an item. Common business practices may be “red flags” in the eyes of prosecutors. By way of illustration, if the DOJ views the marketing arrangement as the purchase or sale of... --- - Published: 2024-09-21 - Modified: 2024-11-25 - URL: http://griffindurham.com/blog/business-email-compromise/ - Categories: Fraud Blog Business email compromise (BEC) is a growing cybercrime that targets companies and individuals, often leading to serious legal consequences, including wire fraud charges. In BEC schemes, attackers gain access to or impersonate legitimate business email accounts to trick individuals into authorizing fraudulent wire transfers or revealing sensitive financial information. These schemes are costly for businesses and can result in criminal charges for those involved. At Griffin Durham Tanner & Clarkson LLC, our Atlanta wire fraud defense lawyers specialize in defending individuals and businesses facing fraud-related charges, including wire fraud that arises from business email compromise cases. In this blog, we’ll explore how BEC schemes work, the legal implications of wire fraud, and how our firm can help defend against these serious allegations. Common types of BEC schemes Common types of BEC schemes include: CEO fraud: Attackers impersonate executives, instructing employees to transfer funds to fraudulent accounts. Vendor/Invoice fraud: Criminals intercept legitimate email communications between businesses and suppliers, altering invoice payment details to divert funds. Account compromise: Hackers access a company’s email system and use it to request fraudulent wire transfers from vendors or customers. How business email compromise leads to wire fraud charges Wire fraud is a federal crime that involves using electronic communication—such as email or phone calls—to defraud someone of money or property. Under 18 U. S. C. § 1343, wire fraud occurs when someone uses interstate wire communications, such as emails, to further fraudulent schemes. When business email compromise is used to trick victims into transferring funds... --- - Published: 2024-09-06 - Modified: 2024-11-25 - URL: http://griffindurham.com/blog/what-is-a-plea-bargain/ - Categories: White Collar Crimes Blog Plea bargaining is a critical component of the criminal justice system in the United States, offering a mechanism for resolving cases without the need for a full trial. This process can be particularly significant in white-collar crime cases, where the complexities of evidence and potential penalties make the outcomes of trials uncertain and potentially severe. For a Georgia white-collar crime defense attorney at Griffin Durham Tanner & Clarkson LLC, understanding the intricacies of plea bargaining is essential for effectively representing our clients and achieving the best possible outcomes. What is plea bargaining? Plea bargaining is a criminal case agreement between a prosecutor and a defendant. The defendant agrees to plead guilty to specific charges in exchange for concessions from the prosecutor, such as reduced charges, a recommended sentence, or the dismissal of other charges. Plea bargains are designed to expedite the resolution of criminal cases, reduce the burden on the court system, and provide some measure of certainty for both parties. What’s the role of plea bargaining in white-collar crime cases? White-collar crimes are typically complex and involve substantial amounts of evidence. The stakes in these cases are high, and you face severe penalties, including lengthy prison sentences, substantial fines, and reputational damage. Given these factors, plea bargaining can be an attractive option, potentially resulting in reduced charges, predictable outcomes, lower costs, and emotional relief. How does plea bargaining work? Plea bargaining operates within a well-defined legal framework, detailed in Rule 33 of Georgia’s Uniform Superior Court Rules and Rule... --- - Published: 2024-08-28 - Modified: 2024-11-20 - URL: http://griffindurham.com/blog/how-an-obstruction-of-investigation-charge-can-complicate-white-collar-crime-cases/ - Categories: White Collar Crimes Blog Obstruction of investigation refers to actions like falsifying evidence, tampering with witnesses, or refusing to comply with subpoenas—any efforts to interfere with an official investigation. These additional charges can complicate the defense strategy, leading to more severe penalties. At Griffin Durham Tanner & Clarkson LLC, our Atlanta white collar criminal defense lawyers specialize in defending clients who face white-collar crime allegations and obstruction charges. In this blog, we’ll dive into the impact of obstruction charges on a case, the legal framework behind them, and how our expertise can provide the strong defense you need. What is obstruction of investigation? Obstruction of investigation occurs when an individual knowingly interferes with a government investigation or legal proceeding. This charge can arise in various contexts, particularly in white-collar crime cases where individuals or businesses may attempt to hide evidence, influence witnesses, or hinder an investigation to avoid criminal liability. Some common examples of obstruction of investigation in white-collar crime cases include: Destroying or altering financial records Providing false or misleading information to investigators Intimidating or bribing witnesses Refusing to produce documents requested by subpoena Obstruction charges are taken seriously because they threaten the integrity of the legal process. Federal law under 18 U. S. C. § 1505 prohibits obstruction of agency investigations and proceedings, while O. C. G. A. § 16-10-24 in Georgia criminalizes obstruction of law enforcement officers. How obstruction of investigation complicates white-collar crime cases Being charged with obstruction of investigation can drastically complicate a white-collar crime case in several ways.... --- - Published: 2024-08-18 - Modified: 2024-11-20 - URL: http://griffindurham.com/blog/money-laundering-stages/ - Categories: White Collar Crimes Blog Money laundering is a sophisticated process used to disguise the origins of illegally obtained money, making it appear as if it has come from legitimate sources. Understanding the money laundering stages—placement, layering, and integration—provides insight into how criminal enterprises try to legitimize their illicit funds. This knowledge is crucial for legal defense and compliance, as allegations of involvement in money laundering can have severe legal repercussions. At Griffin Durham Tanner & Clarkson LLC, our Atlanta white-collar crime defense lawyers specialize in defending clients facing money laundering charges, helping them understand the allegations, and building a strong defense. In this blog, we will break down the three stages of money laundering and explore the relevant statutes that guide prosecution in Georgia and at the federal level. Stage 1: Placement Placement is the first stage of money laundering, where illicit funds are introduced into the financial system. The objective is to distance the funds from their illegal source. This step is often considered the most vulnerable part of the laundering process, as it involves moving large amounts of cash, which may attract scrutiny. Common placement methods include: Cash deposits: Breaking down large sums into smaller amounts to avoid detection (a practice known as "smurfing"). Purchasing assets: Buying valuable assets such as vehicles, real estate, or art that can be sold to generate legitimate income. Gambling: Launderers may use casinos to convert illicit funds into chips, gamble minimally, and then cash out, claiming winnings as legitimate funds. Relevant statutes for placement The placement... --- - Published: 2024-07-24 - Modified: 2024-10-24 - URL: http://griffindurham.com/blog/dog-broker-sentenced-to-federal-prison/ - Categories: Tax Fraud In a recent case highlighting the consequences of tax fraud, Justin Daniels, a dog broker from Marietta, Georgia, was sentenced to federal prison for underreporting more than $1 million in income between 2015 and 2018. Daniels operated a lucrative business selling puppies such as Yorkies, Morkies, and Shih-Tzus but failed to pay his fair share of taxes. His actions resulted in substantial financial penalties and prison time, underscoring the severity of tax fraud in the eyes of the law. For businesses and individuals alike, tax compliance is a critical component of financial and legal responsibility. In this blog, we’ll explore the details of Daniels’ case and how the skilled Atlanta tax fraud lawyers at Griffin Durham Tanner & Clarkson LLC can assist clients facing similar charges. Details of the Justin Daniels case Justin Daniels operated as a dog broker, facilitating the sale of puppies from breeders in Kentucky and Tennessee to customers who believed the puppies were being sold directly by Daniels. The business was highly profitable, with each puppy selling for between $800 and $1,200. Between 2015 and 2018, Daniels deposited more than $2. 3 million into personal accounts, but significantly underreported his earnings to the IRS. According to court records, Daniels underreported over $1. 1 million in gross receipts during this period, resulting in $258,265 in unpaid taxes. In addition to submitting false tax returns, Daniels misrepresented his income to private lenders to obtain loans, further compounding his fraudulent activities. On December 5, 2023, Daniels pleaded guilty to... --- - Published: 2024-07-08 - Modified: 2024-10-24 - URL: http://griffindurham.com/blog/tapestry-hospice-settles-kickback-case/ - Categories: Health Care Fraud Blog Tapestry Hospice of Northwest Georgia, LLC, along with its owners and managers, recently agreed to pay $1. 4 million to settle allegations of violating the False Claims Act through illegal kickback arrangements. This high-profile case highlights the severe consequences of violating federal laws and the importance of compliance in the healthcare industry. This case not only underscores the federal government’s commitment to rooting out fraud in healthcare but also serves as a reminder of the legal complexities surrounding the False Claims Act. Businesses and professionals in the healthcare industry must understand the implications of such violations and how the Georgia healthcare fraud lawyers at Griffin Durham Tanner & Clarkson LLC provide crucial defense in these cases. Allegations against Tapestry Hospice The 2024 settlement resolves allegations that Tapestry Hospice and its management team—David Lovell, MD, Stephanie Harbour, Ben Harbour, and Andrew Nall—entered illegal financial arrangements with medical directors. According to the whistleblower complaint, Tapestry paid kickbacks to medical directors to induce them to refer hospice patients to their care. These alleged kickbacks included signing bonuses, monthly stipends, and compensation that fluctuated based on the volume of patient referrals. The government contended that these arrangements violated the Anti-Kickback Statute, which prohibits healthcare providers from offering or accepting remuneration in exchange for patient referrals involving federally funded programs like Medicare or Medicaid. The alleged kickback schemes also led to the submission of false claims to federal healthcare programs, further violating the False Claims Act. The legal framework: Anti-Kickback Statute and False Claims Act... --- - Published: 2024-06-26 - Modified: 2024-06-26 - URL: http://griffindurham.com/blog/recent-whistleblower-cases-and-their-impact/ - Categories: False Claims Act Blog & News Federal and state governments recognize the tremendous impact of whistleblowers who disclose evidence of fraud, waste, and abuse involving public funds. To encourage those disclosures, the government shares a portion of recovered funds from claims brought by a whistleblower. A number of recent whistleblower cases in Georgia and the Southeast demonstrate the significance of working with an experienced Atlanta False Claims Act lawyer. Those lawyers ensure that a whistleblower's best interests are protected when reporting fraud and abuse cases. What are some recent whistleblower cases in Georgia and the Southeast? Laboratory whistleblower A Georgia laboratory owner recently pleaded guilty to felony criminal charges in connection with a conspiracy to pay health care kickbacks through volume-based commissions for drug tests and respiratory pathogen panels, many of which were deemed medically unnecessary. The Georgia laboratory owner and his clinical laboratory also agreed to a $13. 9 million settlement with the government to resolve related civil allegations under the whistleblower provisions of the False Claims Act. The government discovered those allegations in part through disclosures made by a whistleblower employee of the Georgia clinical laboratory. That whistleblower employee received approximately $2. 86 million of the $13. 9 million settlement to reward his willingness to come forward with evidence of this fraud. Urgent Care whistleblower An urgent care chain in Georgia will pay $1,600,000 to resolve allegations that it submitted false claims to Medicare by upcoding claims for evaluation and management of patients during the COVID-19 pandemic. Former employees of the urgent care chain... --- - Published: 2024-05-21 - Modified: 2024-06-26 - URL: http://griffindurham.com/blog/remedies-for-breach-of-contract/ - Categories: Business Litigation Blog Contracts are the backbone of business transactions, governing agreements between parties and ensuring that obligations are fulfilled. However, when one party fails to uphold their end of the bargain, it constitutes a breach of contract. In such cases, the non-breaching party may seek remedies to enforce the contract and recover damages for the breach. Understanding the available remedies for a breach of contract is essential for protecting your rights and interests in contractual agreements. A Georgia business litigation lawyer from Griffin Durham Tanner & Clarkson LLC can help you explore how to pursue common remedies for a breach of contract under Georgia law. What constitutes a breach of contract in Georgia? A breach of contract occurs when one party fails to fulfill a material obligation, violating the terms of the agreement. Key elements of a breach of contract claim in Georgia include: Valid contract: A legally enforceable contract must exist, meaning it outlines the essential terms, has an offer and acceptance, and demonstrates that both parties have the legal capacity to enter the agreement. Material breach: The breach must be significant enough to warrant legal action. Damages: The breach must have caused you actual harm, such as financial loss or missed opportunities. What are common contract law breach of contract remedies? Common contract law remedies for breach of contract include the following. Damages Damages are the most common remedy sought for breach of contract. Damages aim to compensate the non-breaching party for the losses suffered from the breach. Several types... --- - Published: 2024-02-19 - Modified: 2024-04-22 - URL: http://griffindurham.com/blog/are-you-committing-medicaid-fraud/ - Categories: Health Care Fraud Blog Healthcare providers want to give their Medicaid patients the best care possible. Providing that care requires listening, observing, diagnosing, recommending, and prescribing. Each step comes with a list of other responsibilities, such as ordering tests, making referrals, reporting every detail of the patient’s care, and filing all information with Medicaid for reimbursement. Most providers take great care to remain in compliance with Medicaid’s many complicated rules, regulations, and record-keeping requirements and still, some find themselves unexpectedly under investigation for Medicaid fraud. As the impact of the COVID-19 restrictions begins to wane on investigators and the Medicaid Fraud Control Unit (“MFCU”), providers are seeing ever-increasing numbers of on-site inspections, subpoenas, requests for information, and interview requests. If you are a healthcare provider facing a fraud investigation, protect your rights, practice, provider privileges, and freedom by partnering with a Georgia healthcare fraud lawyer from Griffin Durham Tanner & Clarkson LLC. Understanding Medicaid fraud Medicaid is a government healthcare program providing benefits to eligible children, pregnant women, low-income adults, older adults, and disabled individuals. The program has joint funding by state and federal governments. The Georgia Department of Law has established a specific Medicaid Fraud Division to combat and prevent Medicaid fraud. Since 2016, this division has recovered over $85 million through enforcement efforts. The government takes Medicaid fraud seriously. “Fraud” often makes us think of grand schemes or conspiracies, but not all acts are so elaborate or even purposeful. Providers can come under investigation even if the issues investigators are not obvious... --- - Published: 2024-02-05 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/what-you-need-to-know-about-presentence-investigations/ - Categories: White Collar Crimes Blog After being convicted of a federal offense in Georgia, you may be sentenced to fines, time in custody, or a term of supervised release. Before this happens, the court will perform a pre-sentence investigation to determine the severity of your penalties. You must understand how this process works and how your Georgia white-collar crimes defense attorney may be able to reduce what you pay and how long you serve. What is a pre-sentence investigation? A pre-sentence investigation involves collecting data about your background to guide the judge’s decision for your sentencing after a conviction. After your trial, you will be assigned a probation officer to conduct the investigation. They examine information such as: Details about the offense Any previous arrests, acquittals, or convictions Your employment and work history Your family situation Your finances Any history of drug or alcohol abuse Other information relating to your case Once the investigation is completed, all the information is compiled into a pre-sentence report, used by the judge to determine how to assign your fines and incarceration penalties. While it may seem this report could be harmful, you can rely on a skilled criminal defense attorney to make every effort to neutralize any damaging details. They will use the report to continue your defense strategy and reduce your sentence if possible. What is a pre-sentence report? Your pre-sentence investigation report is a six-part document that outlines the details that should be considered for your sentencing hearing. When it's completed, you and your attorney will... --- - Published: 2024-01-22 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/everything-you-need-to-know-about-false-claims-act-whistleblowers/ - Categories: False Claims Act Blog & News The False Claims Act was enacted in 1863 to combat fraud against the federal government by contractors responsible for providing military supplies. Amendments to this Act now encourage individuals or organizations to safely report claims of attempts to gain compensation under pretense to the U. S. Government. Individuals who know of fraudulent acts against the government may file a lawsuit against the entity committing fraud to reclaim damages on behalf of the government. The term whistleblower identifies the individual or organization that uses their knowledge to expose fraudulent acts against the government in an attempt to profit. Work with an experienced Georgia False Claims Act lawyer at Griffin Durham Tanner & Clarkson LLC if you have knowledge of fraud against the U. S. Government and plan to act as a False Claims Act whistleblower. What is a whistleblower suit under the False Claims Act? A whistleblower provision of the False Claim Act, known as qui tam, or whistleblower, allows a private person possessing knowledge of material fraud against the U. S. government to file a lawsuit on behalf of the United States. The term “material” identifies something as naturally tending to influence or possessing the capability of influencing payment or receipt of money or property. What conduct may False Claims Act whistleblowers report? The False Claim Act allows various ways for prosecutors to target various types of fraud to prevent the government’s financial loss. The False Claim Act recognizes the following conduct as violations: False claims: To present or cause... --- - Published: 2024-01-08 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/tax-season-tips-to-avoid-fraud-allegations/ - Categories: Fraud Blog Tax season is a period often marked by anxiety and confusion for many and becomes a prime time for an increase in white-collar crimes. From the vantage point of white-collar criminal defense, it is essential to shed light on these issues, not only to navigate the legal challenges they present but also to offer guidance on prevention. This blog aims to provide valuable tax season tips while fostering an understanding of the legal nuances associated with white-collar crimes during this critical period. Keep reading for more from our Georgia tax fraud lawyer. Wide spectrum of white-collar crimes in tax season White-collar crimes during tax season encompass a range of illegal activities, all involving deceit or fraud for financial gain. These include the following. Tax evasion The deliberate underreporting of income or inflation of deductions to reduce tax liability is a serious offense. From a defense perspective, it's crucial to differentiate between intentional evasion and honest mistakes, which are often common during tax season due to the complexity of tax laws. Preparer fraud Some tax preparers may exploit their position to commit fraud by misdirecting refunds or falsifying information to inflate refunds. Defense in these cases may center on the preparer's knowledge and intent, underscoring the importance of transparency and diligence in professional conduct. Investment fraud Promises of tax-free investments with high returns can ensnare unsuspecting taxpayers. The legal defense might explore the representations made and the due diligence (or lack thereof) conducted by the investor, emphasizing informed decision-making as a... --- - Published: 2023-11-24 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/what-you-need-to-know-about-the-types-of-fraud/ - Categories: White Collar Crimes Blog Fraud is a complicated white-collar crime governed by state and federal laws. Understanding when you or your company may be inadvertently at risk of being accused of fraud can be essential to defending yourself from these charges. There are numerous variations, but some occur more frequently than others. At Griffin Durham Tanner & Clarkson LLC, we want you to understand what you need to know about the three main types of fraud and how a Georgia white-collar crimes defense attorney can help if you are charged or under investigation. What is fraud? Fraud is a crime where one person intentionally acts to benefit themselves or their company in an illegal or unethical manner. These actions often negatively affect another party. Corporate fraud cases may include making false or misleading statements, submitting deceptive documentation, or purposely misdirecting authorities. A legitimate fraud claim should be investigated and the wrongdoers brought to justice, but false charges are more common than you may think. Entrepreneurs and small companies may make unintended mistakes that look like fraud. After an audit, however, individuals can frequently show reason for the charges to be dismissed. Even if your name is cleared, the damage done to your reputation by a government investigation can be irreparable. Retaining a white-collar defense lawyer who can help you avoid these situations is worth your while and peace of mind. What are the three main types of fraud? Insurance and healthcare fraud are primary concerns for individuals, but for businesses and professionals, there are... --- - Published: 2023-11-24 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/employee-retention-credit-scams/ - Categories: Firm News In March 2020, when the COVID-19 pandemic shut the country down, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Through employee retention credit options, the Act supported employers and small businesses by providing employee retention initiatives. Sadly, fraudulent opportunists used to turn this help into harm by developing employer retention credit scams. To protect yourself from falling prey to these unscrupulous predatory tactics or the fallout of filing a false claim, contact a Georgia False Claims Act lawyer from Griffin, Durham, Tanner & Clarkson for help. Employee retention tax credit explained The Internal Revenue Service (IRS) defines the Employee Retention Credit (ERC), also called the Employee Retention Tax Credit (ERTC), as a “refundable tax credit for businesses and tax-exempt organizations that had employees and were affected” during the pandemic. Its purpose was to encourage employees to keep their employees on the payroll when businesses suffered pandemic-related downturns. The credit provided 50% of wages for up to $10,000 and was offered to employers whose businesses were wholly or partially suspended during COVID-19 or whose gross receipts fell by more than 50%. Understanding employee retention tax credit scams While intended for business-saving purposes, swindlers have co-opted the ERC. Employee retention credit scam calls, texts, and advertisements have caused severe problems for unsuspecting business owners who fall for them and then find themselves in legal trouble. Through webpage warnings, the IRS explains the scammers are running “aggressive broadcast advertising, direct mail solicitations, and online promotions for the... --- - Published: 2023-11-10 - Modified: 2024-09-30 - URL: http://griffindurham.com/blog/the-role-of-confidential-informants-in-white-collar-cases/ - Categories: White Collar Crimes Blog A confidential informant gathers information about a person to use against them in court. If you're not careful, these individuals can collect evidence as they build a case against you. If you are ultimately charged with a white-collar crime, you'll need to figure out the best way to dispute this evidence. Griffin Durham Tanner & Clarkson LLC offers legal help to those facing white-collar crime charges. To learn more, please reach out to us. We can connect you with a Georgia white-collar crimes defense attorney who'll make sure that your legal rights are protected. What you need to know about white-collar crimes in Georgia The concept of white-collar crime dates back to 1939. This type of crime is not considered to be violent. Examples of white-collar crimes include: Corporate fraud Healthcare fraud Money laundering Mortgage fraud Confidential informants can report white-collar crimes. A confidential informant can be a "cooperating witness" who testifies on behalf of the government. They can also be a "source of information," which consists of anyone who provides information to the FBI or any other government agency that leads to a criminal charge. The team at Griffin Durham Tanner & Clarkson LLC understands the challenges that come with contesting a charge of a white-collar crime. If you have been charged with securities fraud or any other white-collar crime, please let us know. Our Georgia white-collar crimes defense lawyer can review your case and help you build your defense. Is it illegal to expose a confidential informant? It's... --- - Published: 2023-10-27 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/what-is-a-force-majeure-clause/ - Categories: Business Litigation Blog Force majeure refers to an act, event, or circumstance that extends beyond someone's control. If a contract includes a force majeure clause, a participant may be able to cite this clause to get out of the agreement. With help from a Georgia business litigation lawyer, you can find out if you can capitalize on this stipulation. Griffin Durham Tanner & Clarkson LLC is a trial boutique that offers legal help to those involved in high-stake matters. Our team can teach you how to handle a force majeure clause in a contract. For more information, please reach out to us. What is force majeure? Force majeure is a clause that can be incorporated into a legally binding agreement in order to protect parties from obligation if an event outside their control impedes their ability to perform the obligation. If force majeure is enacted, anyone involved and mentioned in a contract is no longer subject to the contract’s terms. There are many instances where a force majeure clause can ultimately void a contract. These include: Labor strike Natural disaster War Along with these, the COVID-19 pandemic has impacted the structure of force majeure clauses in contracts. Courts have reviewed the language in various legal agreements to determine if the pandemic represents a "triggering event" for the stipulation. To date, courts have disagreed about whether the pandemic qualifies as a triggering event. What does it mean when force majeure is linked to performance? There can be times when a force majeure stipulation is... --- - Published: 2023-10-13 - Modified: 2024-11-20 - URL: http://griffindurham.com/blog/irs-orders-immediate-stop-to-new-claims-amid-employee-retention-credit-scams/ - Categories: Government Investigations The IRS announced on October 10, 2024, significant progress in processing approximately 400,000 Employee Retention Credit (ERC) claims, representing $10 billion in eligible claims. These claims, part of a pandemic-era program, have been delayed due to a high volume of improper claims driven by aggressive marketing. To address this, the IRS introduced a consolidated claim process for third-party payers and continues audits and investigations into fraudulent claims. Your business may be eligible to participate in the Voluntary Disclosure Program (VDP), which helps repay erroneous refunds due to ERC scams. The settlement program will be open until November 22, 2024, with reduced penalties. Keep reading for more from a skilled Georgia federal investigations defense lawyer. What is the employee retention credit (ERC)? The ERC is part of the 2020 CARES Act (Coronavirus Aid, Relief, and Economic Security Act), which offers businesses coverage for qualified wages paid to employees from March 13, 2020, through September 30, 2021. Employers file a refund claim for any relevant quarter, and while many ERC claims have been paid, the IRS still has a pending backlog. October 2024 update The IRS has announced ongoing progress in processing around 400,000 Employee Retention Credit (ERC) claims, representing $10 billion in eligible refunds. This large volume of claims stems from the pandemic-era credit, but many ineligible claims have been submitted due to aggressive and often misleading marketing by promoters. While the IRS works to process legitimate claims quickly, it has intensified audits and investigations into fraudulent submissions. To streamline the... --- - Published: 2023-08-11 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/catastrophic-injuries-in-sports/ - Categories: Catastrophic Injuries Blog Catastrophic injuries in sports can occur for many reasons, and every time they do, they can create devastating outcomes, often for young lives. Understanding your rights under the law can help you to learn what your next step is. You do not have to wait for help. Contact a skilled Georgia catastrophic injury attorney today to discuss your case. What kinds of sports injuries are considered catastrophic? The term “catastrophic” certainly brings about many visions of injury, but what is truly catastrophic? Generally, this could include any type of injury or incident that leads to death, but also those that result in: Permanent functional disability of the sports player Serious injury that results in temporary, full functional disability, even if full recovery is expected As far as specific catastrophic injuries, the following are some of the most common in sports: Severe concussion Serve or complicated fractures Moderate to severe traumatic brain injuries Spinal cord injuries Back and neck injuries Jaw or facial injuries Eye injuries that damage vision In these situations, consider whether the individual suffered an injury that will have a lasting impression on the person or if they will be able to fully recover. Which sports cause the most severe injuries? Sports injuries can occur in any sport. However, there are some that seem to have a higher risk factor because they involve more one-on-one type of engagement with other players or higher risk activities. The most serious injuries can occur in: Football Boxing Soccer Baseball Hockey Who... --- - Published: 2023-08-04 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/how-fraud-and-abuse-impacts-the-cost-of-healthcare/ - Categories: Health Care Fraud Blog Healthcare fraud and abuse result in billions of dollars of losses each year for the federal government and private insurance companies. The ultimate cost of those losses is far-reaching, which is why the government is very committed to detecting and prosecuting healthcare fraud. Healthcare fraud is a crime under federal law, and those who violate the law will face stiff penalties if convicted. Healthcare fraud can also result in civil penalties under federal laws that prohibit making false claims to the government. A conviction on charges of healthcare fraud can be very damaging to reputation or even career-ending. It can be accompanied by incarceration and hefty fines. The stakes are too high not to get the best possible defense. How does healthcare fraud affect the cost of healthcare? Healthcare fraud artificially inflates the cost of medical services, which means more money must be paid for claims. More money paid for claims by insurance companies leads to increases in healthcare premiums. More money paid by federal benefit programs means raising taxes and cutting services elsewhere. For many people and businesses, health insurance is already a significant expense, and raising premiums puts an even greater strain on tight budgets, which may mean benefits will be lost or coverage reduced. About 160 million people in the United States rely on Medicare or Medicaid for healthcare benefits. Payments made for fraudulent claims take more resources out of the pockets of every taxpayer and may deprive those in need of essential medical services. The result... --- - Published: 2023-07-28 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/impact-of-white-collar-crimes-in-atlanta/ - Categories: White Collar Crimes Blog When individuals consider a rise in crime, they often picture more violent acts such as homicides, drug atrocities, and property crimes. But white-collar crimes often pose a more serious threat to a community than blue-collar crimes. Being convicted of a white-collar crime is a serious offense that should not be taken lightly. Its consequences can produce lifelong impacts on the person committing the crime as well as entire groups and communities. If you have been convicted of a white-collar crime, you will need the experienced defense of an Atlanta white-collar criminal lawyer. Repercussions of white-collar crimes Most people fear being the victim of blue-collar crimes far more than they ever consider suffering from a white-collar crime. But white-collar crimes can tremendously impact many people all at once. They tend to be non-violent but include corruption, fraud, pyramid schemes, and money laundering, as a few examples. The sophistication of white-collar crimes makes them appear far less dangerous but produces tremendous devastation. What are the impacts of white-collar crimes in Atlanta, and what happens to a community impacted by these offenses? Increased cost of service Conservative estimates report that of the trillion dollars spent each year on health care services, abuse, fraud, and waste cost taxpayers over $100 billion. At some point in time, everyone needs healthcare. The impact of healthcare fraud often makes the most vulnerable susceptible to its consequences. Not only can these crimes cost individuals financially, but costs manifest physically and mentally. Healthcare is just one example of how... --- - Published: 2023-07-21 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/catastrophic-injuries-on-lake-lanier/ - Categories: Catastrophic Injuries Blog Boating on the lake in Georgia is part of most people's summer fun. But too often, a day on the water ends tragically on Lake Lanier. Since its creation in 1956, Lake Lanier has claimed approximately 700 lives. Sitting less than an hour away from Atlanta and accessible to several other major US cities within a few hours’ drive, its popularity has grown to accommodate over 11 million people each year. If your life or the life of someone you know has experienced significant impact due to a Lake Lanier accident, let the Atlanta catastrophic injury lawyers with Griffin Durham Tanner & Clarkson LLC take on your fight for maximum compensation for your injuries, allowing you to focus on healing and recovery. We understand the damages caused by catastrophic injury and take your recovery and treatment seriously. Reckless boaters cause real harm Sadly, most of the injuries that have occurred on Lake Lanier were preventable. Catastrophic injuries often change lives forever, incur mounting medical debt, and lead to debilitating mental and physical symptoms. There are common summer catastrophic injuries you can prevent when spending a day on the lake. Drowning Drowning is one of the most common catastrophic injuries on Lake Lanier. Losing a loved one to any accident is life-changing, but preventable accidents can often be difficult to process. From 1994 to 2018, 115 people lost their lives in drowning incidents on Lake Lanier. Drowning deaths constitute a serious concern. These common tips can keep you and your family... --- - Published: 2023-06-21 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/when-does-the-fbi-get-involved-in-a-case/ - Categories: Government Investigations The Federal Bureau of Investigation (FBI) looks into a variety of crimes within eight major sections, five of which are criminal and three of which are for national security purposes. If you have received a target letter from the Department of Justice (DOJ), call a Georgia federal investigations defense lawyer from Griffin Durham Tanner & Clarkson LLC. We have years of experience representing those accused of federal crimes, and we’ll work hard to secure a positive outcome in your case. National security crimes Counterintelligence This type of crime looks into espionage, better known as “spying. ” The FBI keeps track of economic espionage, counter-espionage, and the transport of weapons used for mass destruction. Cybercrimes Cybercrime is a newer area of crime for the FBI. With the Internet growing at such a rapid pace, along with electronic technology upgrading constantly, cybercrime has become a lucrative business within the United States. These crimes include computer hacking, internet fraud, and identity theft cases. Organized crime Organized crime is a large enterprise used to participate in illegal activities, such as fraud, theft, kidnapping for ransom, etc. Organized crime, better known as the mafia, includes Mexican, Russian, and Italian Mafias. The FBI continues investigating this organized crime as it is a significant concern in the United States. Disrupting international criminal organizations that are a threat to the United States’ economic and national security is a top priority of the FBI. Within the United States and throughout the globe, the FBI works closely with law enforcement... --- - Published: 2023-06-14 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/microsoft-ordered-to-pay-20-million-for-violating-child-consent-laws/ - Categories: Cybercrime Defense Parents focused on protecting their children’s internet privacy had a win recently in court. Microsoft, the company behind the popular Xbox Live interactive gaming platform, was found in violation of the Children’s Online Privacy Protection Act (COPPA) and the Children’s Online Privacy Protection Rule (COPPA Rule). Keep reading for more from our Georgia cybercrime attorney. Internet giant blames a "data retention glitch" for the lapse How did Microsoft child privacy settings run afoul of the Federal Trade Commission (FTC) to the tune of $20 million? By illegally collecting and retaining the personal data of users it knew were 13 and younger. Microsoft privacy violations included keeping the name, phone number, date of birth, and email addresses of users who indicated they were under 13, even users who didn’t complete the account set-up. When users set up an account with Microsoft’s Xbox Live, they enter their name and contact information and are then prompted to agree to the terms and conditions in the Microsoft consent of use policy. However, this policy had a pre-checked box stating that the user consented to Microsoft collecting and retaining their personal data and sharing that information with other advertisers. What is COPPA? COPPA covers children-directed online services (not just websites) and entities that have actual knowledge that they are collecting data regarding kids under 13. Video game publishers working with Microsoft, for example, would be informed when a user is under 13. COPPA’s protected personal information isn’t just a name, email address, and phone number.... --- - Published: 2023-06-02 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/ftc-and-data-sharing/ - Categories: Cybercrime Defense In today's digital era, the exchange of information has grown significantly, with companies frequently gathering and disseminating personal data, leading to substantial privacy issues. The Federal Trade Commission (FTC) oversees data-sharing activities and safeguards consumers against unjust and misleading business practices. In this post, we’ll examine the FTC's function in regulating data sharing and the importance of seeking counsel from a Georgia cybercrime defense lawyer if you are confronted with data-sharing-related charges. The role of the FTC in regulating data sharing The FTC is a regulatory agency that protects consumers from what it contends are unfair and deceptive business practices. Recently, the agency has been increasingly focused on regulating data-sharing practices. The FTC has brought enforcement actions – including a high-profile case against Twitter – to companies that engage in deceptive or unfair data-sharing practices and has imposed significant fines for privacy violations. Below is more information about FTC data sharing. Key issues in legal data-sharing cases Data-sharing cases can be intricate and may encompass various crucial aspects. One of the primary factors that make these cases complex is the issue of consent. Consent Companies must secure permission from individuals before collecting or disseminating their data. Nonetheless, ascertaining if consent was granted in a specific instance can prove challenging. Damages Another important aspect to consider in data-sharing cases is damages. To present a successful legal case regarding data sharing, the affected parties must prove that they experienced some form of detriment due to the data sharing. This can be difficult,... --- - Published: 2023-06-02 - Modified: 2024-10-15 - URL: http://griffindurham.com/blog/how-healthcare-scams-have-become-a-billion-dollar-issue/ - Categories: Health Care Fraud Blog Healthcare fraud schemes have cost the U. S. government, taxpayers, and insurance companies nearly $100 billion annually. If you think the government isn’t taking any alleged fraud seriously, – or anything that even resembles fraud – think again. According to the National Health Care Anti-Fraud Association, Medicare and Medicaid fraud has cost taxpayers hundreds of millions. How is it possible to defraud the government for medical care? Common healthcare scams in the U. S. Healthcare fraud can be big business, according to the government: dummy corporations billing Medicare and Medicaid for fake COVID tests, non-existent medical equipment, and even fraudulent genetic testing. Fraudsters may even invent patients, billing the government and other insurance companies for services for people who don’t exist. Fraudulent billing Less-bold healthcare schemes may include billing for tests that weren’t run or fake appointments for existing patients. In these cases, an unscrupulous doctor may bill more procedures than they actually performed, receiving reimbursement from the insurer. Overbilling is another common type of fraud, charging an insurance company more for procedures and services than the “retail” price of the services. Medical identity theft Fraud committed using the names of existing patients is considered medical identity theft. It’s committed when someone uses a patient’s name and social security number to submit fraudulent claims to an insurance company or Medicaid without their consent. Financial impact of healthcare scams The U. S. Department of Health and Human Services (HHS) oversees Medicaid and Medicare. In 2021, 0. 02 of every dollar of... --- - Published: 2023-04-28 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/increased-fca-penalties/ - Categories: False Claims Act Blog & News The Department of Justice (DOJ) recently announced an increase in False Claims Act (FCA) civil monetary penalties for 2023. This increase comes just eight months after the DOJ last increased penalties, making it the second increase in a year. The new penalties apply to violations that occurred after November 2, 2015, but were assessed after January 30, 2023. As of this date, the minimum civil monetary penalty for a violation of the FCA is $13,508, and the maximum penalty is $27,018. For context, the penalties previously ranged from $12,537 to $25,076. With FCA penalties increased the DOJ Department of Justice shows that it's continuing to take FCA violations seriously. It's vital for companies and individuals to ensure compliance with the FCA as non-compliance could result in hefty fines and other legal repercussions. If you believe that you may be the subject of a DOJ investigation, contact our Georgia False Claims Act lawyer for proven guidance and representation. How does the FCA work? The False Claims Act is a federal law that protects the government from fraudulent claims by individuals or companies. It allows private citizens and whistleblowers to bring actions on behalf of the government against those who make false or fraudulent claims for payment from a federal agency. The FCA is enforced by the United States Attorney General and the Department of Justice. It includes civil penalties and treble damages, which are calculated by tripling the amount of money involved in the false claim. A qui tam provision of... --- - Published: 2023-03-31 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/sec-enforcement-actions-2022/ - Categories: White Collar Crimes Blog The Securities and Exchange Commission (SEC) recently announced the Enforcement Results from fiscal year 2022, and there are a few items to note for fund managers and other financial professionals. 2022 was Chair Gary Gensler’s first full year in his position; predictions that his assumption of the position would bring in an era of aggressive enforcement are proving true. 2022 was a strong year for the enforcement division, and its approach in 2023 is expected to continue. Priorities for investigations include digital assets, cyber security, ESG, and insider trading. Many of these investigations fall under white-collar crime, for which the skilled defense lawyers at Griffin Durham Tanner & Clarkson LLC can assist. Key takeaways from the SEC’s Enforcement Results report There are a few things to note about the recently released report: The SEC continues to address ESG-related incidents, including insider trading, cybersecurity threats or oversight, misconduct in digital asset trading, and other regulatory priorities. The Enforcement Division intends to focus on charging individuals for securities violations, including those who have supervisory responsibility and “gatekeeping” authority in the securities industry. Any securities market participant, individual and corporate, should conduct a risk assessment and review their SEC compliance protocols to make necessary revisions to controls, policies, and in-house procedures to address possible gaps. With the considerable resources the SEC has to bring, finding a Georgia white-collar crimes defense attorney to help you understand how you could be affected by the SEC’s increased focus can help you make the right choices for... --- - Published: 2022-12-27 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/avoid-common-holiday-fraud-schemes/ - Categories: Fraud Blog During the holidays we look forward to being with family and friends and giving gifts to those we care about. The increased amount of spending during the holidays increases credit card fraud, scams, and identity theft. According to a report made by the Federal Trade Commission, in 2021 Georgia had the highest number of reported instances of fraud per capita, and the fifth highest number of reported identity theft per capita. Although these crimes occur year-round, they increase exponentially during the holidays due to the increase in online shopping. If you’ve been accused of engaging in fraudulent schemes or identity theft this holiday season, contact the Georgia white-collar crimes defense attorneys with Griffin Durham Tanner & Clarkson, LLC today. Call our Atlanta office at (404) 891-9150 or our Savannah office at (912) 867-9140 to schedule your consultation. Here’s a look at some of the top holiday fraud scams you should know so you can protect your information. 1. Fake charities Some people are eager to take advantage of the charitable giving that increases over the holidays. Some perpetrators use online donation platforms and social media to solicit money by falsely claiming they’re in need. Others pose as someone collecting donations for a legitimate charity or one that’s completely made up. Before making donations this holiday season, check the company name, their internet presence, and see if you can learn how the money will be spent. Another way of avoiding this is to volunteer your time or donate goods such as... --- - Published: 2022-12-07 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/common-holiday-injuries/ - Categories: Catastrophic Injuries Blog The holidays are generally associated with family, friends, parades, football, and great food, but sometimes this great holiday can turn into a nightmare due to an accident such as one that requires a trip to the emergency room, or one that results in the loss of a limb. If this happened to you, and you suspect your injury was caused by someone’s negligent behavior, talk to a Georgia catastrophic injury attorney with Griffin Durham Tanner & Clarkson, LLC as soon as you can. We may be able to help you obtain compensation to offset the financial burden caused by your accident. Contact us online or call one of our offices to schedule a free consultation. You can reach our Atlanta office by calling (404) 891-9150, or our Savannah office by calling (912) 867-9140. Prevalence of limb loss during the holidays Unfortunately, people suffer the loss of a limb far too often. It’s estimated that doctors perform about 185,000 amputations in the U. S. each year, and approximately 507 people per day lose a limb. It’s also estimated that nearly 3. 6 million people will have to live with some sort of limb loss by the year 2050. Trauma is one of the most common causes of limb loss, accounting for about 45% of amputations. Just about any kind of accident can result in an injury so severe that it can require amputation. Researchers with the Warren Alpert Medical School of Brown University in Providence, RI conducted a study of amputations... --- - Published: 2022-12-01 - Modified: 2025-08-11 - URL: http://griffindurham.com/blog/tortious-interference-case-could-affect-georgia-employers/ - Categories: Business Litigation Blog To help protect intellectual property and other company secrets, non-compete agreements have become common in many industries. When a former employee violates a non-compete agreement, their former employer may bring a claim against the new employer for “tortious interference. ” However, a recent case from the Georgia Supreme Court could change the way former employers seek claims against new employers and against their former employees. If you believe that one of your former employees breached their non-compete agreement and that you may have a claim for breach of contract and tortious interference, contact a Georgia complex business litigation attorney from Griffin Durham Tanner & Clarkson LLC today. In the meantime, keep reading to learn about the recent tortious interference case and how it could affect you. What is tortious interference? Non-compete agreements can be found in most industries thanks to their staunch protection of intellectual property and other company secrets. These documents are designed to protect businesses from former employees who divulge trade secrets to their new employers. When a former employee violates a non-compete agreement, their former employer may bring a “breach of contract” claim against them, but that’s not the only avenue for recourse. If the new employer facilitates or requests that the employee violate the non-compete agreement, the new employer could face a claim for “tortious interference. ” Tortious Interference: Brief History and Case Study For decades, controlling case law held that interference with contractual relations, such as inducing one to breach his or her contract, is... --- - Published: 2022-11-28 - Modified: 2024-08-15 - URL: http://griffindurham.com/blog/financical-institutions-fined-for-discussing-deals/ - Categories: White Collar Crimes Blog The government recently issued nearly $2 billion in fines against several large corporations. Several employees at some of the world’s largest financial institutions were found to have violated securities laws by using personal devices to communicate specialized financial transactions. Although government regulators have always kept a watchful eye on a wide range of financial transactions as recent events show, they’re being even more proactive these days. If you’re facing a fraud charge, a Georgia white collar crimes defense attorney with Griffin Durham Tanner & Clarkson LLC may be able to help. The stakes are high and you’re facing formidable opposition, so you’ll need an experienced legal team in order to have the best possible chance of achieving a positive outcome in your case. Don’t wait to schedule your consultation – contact us online or call our office nearest you: (404) 891-9150 (Atlanta) or (912) 867-9140 (Savannah). A “who’s who” of financial giants The 16 firms involved in the regulatory action are some of the best-known financial services corporations: Barclays Capital Inc. Bank of America Securities, Inc. Merrill Lynch Pierce, Fenner & Smith Inc. Cantor Fitzgerald & Co. Citigroup Global Markets Inc. Credit Suisse Securities (USA) LLC Deutsche Bank Securities Inc. DWS Distributors Inc. DWS Investment Management Americas, Inc. Goldman Sachs & Co. LLC Jefferies LLC Morgan Stanley & Co. LLC Morgan Stanley Smith Barney LLC Nomura Securities International, Inc. UBS Financial Services Inc. Between January 2018 and September 2021, federal regulators found that employees of these firms not only communicated... --- - Published: 2022-11-16 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/anti-kickback-statute-safe-harbors/ - Categories: Health Care Fraud Blog Some people make considerable sacrifices to become a doctor – sacrifices in time, money, and effort are all jeopardized when they’re accused of anti-kickback violations. If you are under investigation or accused of violating the federal Anti-Kickback Statute, it’s in your best interest to work with a healthcare fraud lawyer from Griffin Durham Tanner & Clarkson LLC. A strong defense will help you avoid criminal penalties and prevent loss of your medical license. Contact us online or call one of our offices to schedule a consultation. Call (404) 891-9150 for our Atlanta office or (912) 867-9140 for our Savannah office. In the meantime, keep reading to learn about anti-kickback safe harbors, including property leasing and investment interests. Quick Overview of Federal Anti-Kickbacks Through the Federal Anti-Kickback Statute, 42 U. S. C. Sec. 1320a-7b(b), it’s a felony to knowingly and willfully offer, solicit, pay, or receive remuneration, either indirectly or directly, to induce business that is reimbursable through any federal healthcare program. One of the most common allegations that healthcare professionals face in governmental investigations, board actions, and physician disciplinary proceedings are violations of the Anti-Kickback Statute. To be found guilty of such a violation, the following two key elements must always be proven beyond a reasonable doubt: Remuneration or compensation between the alleged parties to the violation Knowing and willful intent. Board actions and disciplinary proceedings can have a grave impact on your future career, so any allegations made against you must be taken seriously. As the American Bar Association... --- - Published: 2022-11-02 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/dawn-raid/ - Categories: Business Litigation Blog The U. S. Department of Justice (DOJ) continues to issue more and more search warrants in an effort to investigate potential antitrust violations. These search warrants are commonly known as “dawn raids” – on-site searches of corporate offices that typically occur with no warning. The following is a list of actions your company should consider taking to prepare for the possibility of these investigations. If you have clients who may be subjected to a “raid,” please feel free to share this information. A Georgia business litigation lawyer with Griffin Durham Tanner & Clarkson LLC is standing by to tell you more. Please contact us online or call (404) 891-9150 (Atlanta) or (912) 867-9140 (Savannah).   What is a “Dawn Raid”? A “dawn raid” is the execution of a DOJ search warrant that typically occurs very early in the morning without notice or warning. Agents from both the DOJ and Federal Bureau of Investigation (FBI) usually conduct the raid, seizing documents, file cabinets, and possibly even computers. In some instances, agents will download servers or electronic files and talk to employees.   Steps to Take Before the Search Here are some recommended procedures to establish and follow should your company ever be subjected to a criminal antitrust raid. 1. Establish a Response Team. This team should include at least one member of the following: Executive management Legal department  IT staff Media response department Secretarial staff for photocopying and taking notes A staff member who can record the investigators’ actions A staff... --- - Published: 2022-02-10 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/what-makes-an-injury-catastrophic/ - Categories: Catastrophic Injuries Blog, Spinal Cord Injury, Traumatic Brain Injury Blog An injury is classified as catastrophic when it leaves a victim with long-term consequences and life-changing impacts. A catastrophic injury may involve the spinal cord, spine, skull, or brain. Catastrophic injuries also include serious burns, injuries involving the lungs and heart, and certain types of birth injuries. In other words, catastrophic injuries cover a wide range of ailments, making it difficult to differentiate a catastrophic injury from a less serious injury. In this article, we examine what makes an injury catastrophic.   The Difference Between Catastrophic Injuries and Other Types of Injuries The primary difference between a catastrophic injury and a common injury is that catastrophic injuries are more severe in nature. Specific types of injuries that are often classified as catastrophic include: Skull fractures Bruised or severed spinal cord Traumatic brain injuries Displaced, herniated, or fractured disks Mild brain injuries Organ damage Total or partial paralysis Permanent nerve damage or injury  Limb amputation Severe burns requiring skin grafts Quadriplegia or paraplegia Loss of hearing, eyesight or another senses However, perhaps the most important thing that sets catastrophic injuries apart from routine injuries is the financial compensation available to victims. Although all injury victims may be entitled to damages by filing a personal injury lawsuit, the damages available in catastrophic injury cases tend to be much higher than those involving lesser injuries.   Common Causes of Catastrophic Injuries The causes of catastrophic injuries are numerous. Some of the most common ways people suffer catastrophic injuries include: Car accidents Truck accidents... --- - Published: 2022-02-07 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/how-to-determine-if-a-contract-breach-is-material/ - Categories: Business Litigation Blog In contract law, there are different types of contract breaches. The most serious type of breach is called a material breach. A material breach of contract occurs when one party’s failure to abide by a contract’s terms renders it irreparably broken and defeats the purpose of entering the contract in the first place. When one party materially breaches a contract, the other party can file an action in court to collect damages resulting from the breach. In this article, we discuss how to determine if a contract breach is material. Was One Party Deprived of What It Bargained For?   The first thing to examine when trying to determine whether a breach was material is whether one party was deprived of what it bargained for. Making this determination requires a close examination of the facts of the situation. For example, if a party contracted to purchase a truck, and the other party delivered a car, then the first party was clearly deprived of what it bargained for. However, if the truck was delivered but failed to include a minor feature required by the contract, then this is unlikely to be considered a material breach.   Can the Non-Breaching Party Be Compensated for the Loss? If a contract breach can be fixed with reasonable effort or expense while keeping the contract in effect, then it is unlikely to be material. Using the example above, if the breaching party can simply install the missing feature to come into compliance with the original... --- - Published: 2022-01-18 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/which-states-law-will-determine-my-georgia-breach-of-contract-case/ - Categories: Business Litigation Blog Breach of contract cases generally occur when a party to a legal agreement fails to abide by one or more of its terms. When a party fails to abide by the terms of a contract, the other party may file a lawsuit for breach of contract. Parties may contract for many things, including which state’s laws will apply to an agreement. A provision in a contract that addresses which state's laws will be used to interpret the agreement is called a "choice of law" provision. However, not all contracts contain a choice of law provision, and not all choice of law provisions are legally enforceable. In this article, we examine how to determine which state’s laws will determine a Georgia breach of contract case. Georgia’s Choice of Law Rules When a party breaches a contractual agreement, the general rule is that the choice of law rules of the forum state are what control. This means that, in the case of a breach of contract dispute in Georgia involving two or more states, Georgia’s choice of law standards are used to determine whether Georgia contract laws or another state’s contract laws will resolve the claims. Georgia’s choice of law rules operate as follows: as a baseline, the applicable state law is the law of the state where the contract was made. So, for example, if a contract between two parties was made in Georgia, then Georgia law would control it.   Although this is the default position for contracts that lack... --- - Published: 2022-01-15 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/common-types-of-commercial-disputes/ - Categories: Business Litigation Blog While many business transactions go according to plan, some lead to disputes. Business disputes, also known as commercial disputes, can arise out of a number of situations. The variety of events that can result in a commercial dispute makes it a common issue with which businesses must contend. In this article, we examine common types of commercial disputes.   Breach of Contract Contracts play an important role in commercial transactions. Due to the importance of contracts in commercial operations, contract breaches are a common cause of commercial disputes. A breach of contract occurs when one party breaks the terms outlined in a legal agreement. There are several types of contract breaches, including minor and material breaches. The degree to which a contract was breached determines the manner in which this type of commercial dispute is settled. Remedies for breach of contract include compensatory damages, liquidated damages, specific performance, and rescission. Intellectual Property Infringement Intellectual property is a type of property that includes intangible creations of the human mind. Intellectual property rights are foundational to the financial success of many businesses. Thus, intellectual property infringement is a common source of contention in the business world. Intellectual property infringement may involve things like patents, trademarks, copyrights, and trade secrets.   Breach of Fiduciary Duty A third common type of commercial dispute is breach of fiduciary duty. A fiduciary relationship is one that involves responsibility or trust. There are several fiduciary duties that are common in commercial settings, including the duty to maintain... --- - Published: 2021-12-13 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/dealing-with-a-breach-of-contract-in-georgia/ - Categories: Business Litigation Blog A breach of contract is a situation in which a party to a contractual agreement fails to abide by one or more of its terms. When a party to a contract fails to fulfill its contractual obligations, the other party may file a breach of contract claim in court. In this article, we explain how to deal with a breach of contract in Georgia. Enforceable Contracts in Georgia  When a party fails to perform as required under a contract, the other party may file a lawsuit against the breaching party for compensatory damages or specific performance. However, in order to sue a party for breach of contract, the contract must be legally binding and enforceable.   In Georgia, a contact may be either written or oral. However, in order to be enforceable, a contract must meet the following requirements: The agreement must address all important conditions and terms Both parties must agree to the contract’s termsAll parties must have legal capacity to enter into the agreementEach party must give something to the other party as part of the contract Each party must enter into the contract willinglyThe subject matter of the contract may not violate any federal or state law Addressing a Breach of Contract When one party to a contract fails to abide by its terms, the other party may sue for breach of contract. In Georgia, there are three primary remedies for a breach of contract:  Recovery of consequential damagesRescissionSpecific performance Damages When a party breaches a contract, the other... --- - Published: 2021-12-10 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/four-types-of-contract-breaches/ - Categories: Business Litigation Blog A breach of contract occurs when a party to a contractual agreement fails to abide by one or more of its terms. When a party fails to abide by its contractual obligations, the other party may file a breach of contract action in court. Contract breaches fall into one of four categories. In this article, we discuss the four types of contract breaches.   Material Breach  A material breach occurs when one party to an agreement receives a significantly different result or significantly less benefit than what was required by the contract. Material breaches can include failures to perform contractual obligations or failures to perform such obligations on time. When a material breach occurs, the non-breaching party may seek damages related to both the direct and indirect consequences of the breach. Minor Breach  Also known as a partial breach or immaterial breach, a minor breach of contract occurs when the non-breaching party receives the item or service specified in the contract, but the breaching party ultimately fails to fulfill the contract in some way. When a minor breach of contract occurs, the non-breaching party may only be able to pursue a legal remedy if the breach resulted in financial losses. For example, a late delivery may not have a remedy if the non-breaching party cannot show that the delay resulted in financial consequences.   Anticipatory Breach  Surprisingly, a party can be liable for breaching a contract before it fails to comply with a contract’s terms. When a party commits an... --- - Published: 2021-11-12 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/common-types-of-partnership-disputes/ - Categories: Business Litigation Blog Although people don’t enter business partnerships with an expectation of conflict, legal disputes are common in the business arena. To avoid such disputes and the costly litigation that often accompanies them, business partners often include provisions in their business formation documents that dictate how the partners will resolve conflicts when they arise. However, even partners who anticipate and plan for legal disputes often face serious challenges, making it imperative for business partners to seek legal counsel immediately when a dispute arises. In this article, we examine some common types of partnership disputes. What is a partnership? A partnership is an agreement between two or more parties to initiate, manage, and operate a business together. A partnership can be established between businesses, individuals, or any other organizations that seek to work together on a business venture. In terms of its benefits, a partnership is similar to a proprietorship, the primary difference being that the liabilities in a partnership can be limited through the execution of certain types of agreements. Partnership Disputes As noted above, there are several types of partnership disputes, all of which typically require legal assistance. Common types of partnership disputes include:  Breach of contractFraudFinancial management disputesRevelation of confidential business informationMisappropriation of fundsOwnership rights disputesShareholder disputes Each of the above partnership disputes can drain your business of time, money, and resources—especially when handled without the assistance of an experienced business litigation attorney. Therefore, if you are involved in a partnership dispute, you should contact an experienced Georgia business litigation... --- - Published: 2021-11-12 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/an-overview-of-common-business-torts/ - Categories: Business Litigation Blog Also known as an economic tort, a business tort is a wrongful action that is taken against a business with the intention to cause it harm. Business torts often result in lost profits, damaged reputation, loss of market share, and loss of competitive advantage. Business torts can either be committed intentionally or be the result of a party’s negligent behavior. A business that is the victim of a business tort can file a lawsuit to obtain financial compensation for its losses. In this article, we discuss some of the most common business torts.   Restraint of Trade Restraint of trade is a business tort that involves the interference of a business's ability to conduct business freely. This tort can encompass any activity that limits trade, sales, or transportation via interstate commerce. In other words, restraint of trade is any activity that prevents a party from conducting normal business without restraints. Examples of restraint of trade include: Interference with a contract or business agreementFixing prices to limit competitionCoercing someone to cease doing businessUsing non-compete clauses or other contractual provisions to limit the ability of others to conduct business Tortious Interference Tortious interference is the deliberate and unlawful interference with a company’s contractual or business relationships. Examples of tortious interference include causing a party to commit a breach of contract and disrupting another’s ability to fulfill a contract.   Injurious Falsehood Injurious falsehood is a false statement deliberately made to cause damage to a business. False statements about a business can damage... --- - Published: 2021-10-25 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/what-is-breach-of-fiduciary-duty/ - Categories: Business Litigation Blog A fiduciary is a person who has a legal or ethical duty to act in the best interests of another party. When a fiduciary fails to do so, this is called a breach of fiduciary duty. A person who suffers losses due to a breach of fiduciary duty may be entitled to financial compensation via a lawsuit. In this article, we take a closer look at a breach of fiduciary duty in Georgia.   Examples of Fiduciary Relationships Before examining what constitutes a breach of fiduciary duty, it is first necessary to gain an understanding of the various types of fiduciary relationships. There are many types of fiduciary relationships, including: An attorney-client relationshipAn accountant-client relationshipA principal-agent relationshipAn executor-heir relationshipA guardian-ward relationshipA trustee-beneficiary relationshipA corporate officer-shareholder relationshipAn employer-employee relationship Elements of Breach of Fiduciary Duty In order to succeed in a breach of fiduciary duty lawsuit, the plaintiff must prove the following four elements:  Duty: A fiduciary duty is the responsibility of someone to act in the best interests of someone else. To establish the existence of a fiduciary duty in court, the plaintiff must demonstrate the existence of a special relationship of trust between him or her and another party. Breach: Next, the plaintiff must demonstrate that the other party to the lawsuit violated his or her fiduciary duty by doing something contrary to the plaintiff’s interests. Damages: In addition to duty and breach, the plaintiff must prove that he or she suffered a loss of some kind.   Causation:... --- - Published: 2021-10-22 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/common-contract-breach-defenses/ - Categories: Business Litigation Blog A breach of contract occurs when one party to a contract fails to abide by one or more of its terms. When a party breaches a contract, the other party may file a breach of contract action in court. However, breaching parties aren’t without options when it comes to breach of contract lawsuits. Rather, depending on the facts of the case, a breaching party may be entitled to assert one or more defenses in court. In this article, we discuss several common contract breach defenses.   The contract wasn’t in writing Certain types of contracts, such as real estate contracts, must be in writing. Therefore, if the parties to such an agreement fail to put it in writing, this provides a defense to a future breach of contract action.   The contract is indefinite A contract must have definite terms to be enforceable. A contract is considered too indefinite if its terms are so uncertain or incomplete that it’s clear the parties didn’t regard themselves as having completed a contract. For example, agreements to agree, such as letters of intent, are usually considered indefinite and unenforceable. The contract was based on a mutual mistake Another defense to a breach of contract claim is that a mutual mistake was made regarding an essential fact in the contract. However, this defense is not available if one party simply made a mistake in judgment when entering a contract.   The breaching party lacked capacity For a contract to be enforceable, both parties must... --- - Published: 2021-09-27 - Modified: 2024-08-15 - URL: http://griffindurham.com/blog/what-is-the-federal-tort-claims-act/ - Categories: Federal Tort Claims Act Blog The doctrine of sovereign immunity protects the federal government from certain types of lawsuits by citizens. Under this doctrine, the federal government cannot be held accountable for criminal or civil legal wrongs. However, what happens when the federal government is responsible for harm suffered by a citizen? This is where the Federal Tort Claims Act comes into play.   About the FTCA As noted above, sovereign immunity applies to the federal government. However, pursuant to the FTCA, citizens may pursue claims against the United States in the case of certain types of civil wrongs.   Liability Under the Federal Tort Claims Act  Under the FTCA, citizens can pursue negligence claims against the federal government. In order to file a claim, your claim must  be based on negligence; be against the federal government, not independent contractors hired by the federal government; be permissible in the state in which the injury occurred; and pass through administrative channels before you file your lawsuit. Common Claims Under the Act Common types of claims people bring under the Federal Tort Claims Act include Accidents occurring on federal facilities or property or facilities; Medical malpractice by Veterans Administration doctors; and Traffic accidents involving federal agents. How to File a Claim Under the Act Before filing a lawsuit under the Act, you must first file an administrative claim with the government agency that allegedly caused your injury. Each agency has procedures in place to review the claim. Although you can use any form of document, the preferred... --- - Published: 2021-09-24 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/breach-of-contract-litigation/ - Categories: Business Litigation Blog Breach of contract litigation is a frequent occurrence for businesses large and small. Contracts are the foundation of the business world. Without contracts, it would be practically impossible to reliably conduct business. When one party to a contract fails to fulfill its contractual obligations, this is called a breach of contract. When a breach of contract occurs, the non-breaching party may take the breaching party to court. In this article, we examine the different types of breach of contract litigation. Anticipatory and Actual Breaches  Most contract breaches are either actual breaches or anticipatory breaches. An actual breach occurs when a contracting party fails to fulfill his or her contractual obligations or performs them incompletely. An anticipatory breach occurs when one party to a contract lets the other party know, prior to the due date for performance, that he or she doesn’t intend to fulfill his or her contractual obligations. Minor and Material Breaches Contract breaches can also be minor or material. A material breach occurs when one party delivers significantly less or provides a significantly different result than what was required in the contract. A minor breach, also known as a partial breach, occurs when one party substantially performs or meets a contract’s primary obligations but fails to meet a minor contractual requirement.   Common Breach of Contract Remedies A non-breaching party has several possible remedies available when the other party breaches the contract. Common breach of contract remedies include: Damages: The following types of damages may be available following... --- - Published: 2021-09-06 - Modified: 2024-08-15 - URL: http://griffindurham.com/blog/paycheck-protection-program-fraud/ - Categories: Fraud Blog, White Collar Crimes Blog Paycheck Protection Program (“PPP”) fraud is one of most active—if not the most active—area of Department of Justice scrutiny right now. This article will discuss some recent cases and “red flag” issues the government focuses on. Recent DOJ Enforcement of SBA Fraud Throughout 2021, the DOJ across the country has ramped up its enforcement efforts of Small Business Administration (“SBA”) fraud arising out of the COVID-19 relief programs. While DOJ has adopted an across-the-board aggressive approach, there are a few clear takeaways: First, the more money you received, the higher the likelihood your loan or grant will be scrutinized. Recently, the DOJ charged seventeen more defendants as part of a major takedown in alleged PPP fraud involving $11 million. If you received more than $1 million, your paperwork will be subject to scrutiny. This scrutiny may lead to possible referral for prosecution if discrepancies are identified and investigators suspect fraud. Second, if you submitted more than one application, you are likely subject to increased scrutiny. The Atlanta U. S. Attorney’s Office charged a $27 million PPP case. In this case, the DOJ alleged that the single defendant submitted 27 bank loan applications to four banks between April and June 2020 on behalf of eight companies. Submission of applications for multiple loans or grants is likely to draw the government’s attention.   Third, the DOJ, SBA, and other law enforcement agencies will cross-check representations made by companies against other government documents, such as tax returns or other submissions made by you,... --- - Published: 2021-09-03 - Modified: 2024-08-15 - URL: http://griffindurham.com/blog/conservation-tax-easements-department-of-justice-crackdown/ - Categories: Firm News Syndicated conservation easements (“SCE”) are a new area of Department of Justice scrutiny. Prosecutors are significantly ramping up enforcement efforts. This post will explore brief background of these alleged “schemes” and recent DOJ activity.   Conservation Tax Easements  Syndicated conservation easement donations, as they are often called by the DOJ, involve a “scheme” as one where tax shelters were designed to produce tax deductions for high-income taxpayers through partnerships that purported to make “real estate investments. ” While a well-grounded (and sometimes creative) tax strategy is common among high-income taxpayers across the country, the DOJ has taken the view that these kinds of partnerships are often a sham. Specifically, according to recent DOJ press releases and charging documents, this tax strategy is viewed as a “sham” by investigators because they lack any real economic substance and serve no legitimate business purpose. The DOJ’s view is that the placement of conservation easements over real estate fraudulently enables the investors to shelter their income from the IRS with no economic risk and to claim substantial tax deductions to which they were not entitled. Oftentimes, there are efforts to obscure these transactions through sophisticated documentation to conceal the “scheme” from the Internal Revenue Service (“IRS”). Department of Justice Scrutiny In one recent case, the DOJ obtained a conviction from two Georgia tax professionals for promoting more than $1. 2 Billion in alleged fraudulent conservation easements. Additional charges have been filed in Atlanta and elsewhere involving similar schemes. In that indictment, the government alleged that... --- - Published: 2021-08-31 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/common-types-of-corporate-fraud/ - Categories: Fraud Blog, White Collar Crimes Blog Corporate fraud is a type of white-collar crime that involves illegal actions committed either by employees or contractors of a company. In this article, we examine the most common types of corporate fraud. Theft of Intellectual Property A company's most valuable asset is oftentimes its intellectual property and trade secrets. Employees or contractors with access to a company's intellectual property may use their access to leverage the company's valuable intellectual property for personal gain. This may take the form of providing information to a competitor or leveraging this information for a new position elsewhere. The Department of Justice has a dedicated task force to addressing theft of intellectual property. Fake Employees One common form of corporate fraud involves the creation of fake employees by a company’s payroll staff. After creating and paying fake employees, a wrongdoer then directs the funds to their own bank accounts.   Embezzlement Embezzlement is a form of corporate fraud that involves diverting company funds for the wrongdoer's own use. This type of fraud becomes possible if an employee has access to a company's bank account. Both senior executives and lower-level employees may be able to embezzle from their employer. The risks to companies can run in the tens of millions of dollars. Theft of Assets An employee commits corporate fraud any time he or she steals equipment, materials, or anything else of value from his or her employer. Losses related to theft by employee can range widely depending on the value appropriated and the time... --- - Published: 2021-08-29 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/ponzi-schemes-vs-pyramid-schemes-whats-the-difference/ - Categories: White Collar Crimes Blog Ponzi schemes and pyramid schemes are types of white-collar crime. Although people sometimes confuse them, they each use different tactics to fraudulently separate people from their money. In this article, we discuss the differences between Ponzi schemes and pyramid schemes.   What is a Ponzi Scheme?   A Ponzi scheme is a type of white-collar crime in which the operator of the scheme pays returns on investments from capital collected from new investors rather than from actual investment profits. Ponzi scheme operators recruit new investors by offering artificially high rates of return. These types of schemes are a priority to the Department of Justice. Ponzi scheme operators profit by either charging fees on investments or simply disappearing with investors’ money. Ponzi schemes collapse when operators fail to generate enough new capital to pay the continually growing pool of existing investors. The scheme is named for a man named Charles Ponzi, who launched a scheme in the 1920s that guaranteed investors a 50% return on investments in postal coupons. Ponzi’s scheme fell apart when he was unable to pay later investors. Ponzi Scheme Examples There have been several high-profile Ponzi scheme cases. One involved a broker named Bernie Madoff, who operated a Ponzi scheme for nearly 20 years that defrauded investors out of billions. Another scheme involved a company called JSG Capital Investments. In the JSG Capital Investment scheme, two men promised high returns via investments in pre-IPO stocks. However, no actual investments were ever made. What is a Pyramid Scheme?... --- - Published: 2021-07-26 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/false-claims-act-basics/ - Categories: False Claims Act Blog & News Each year, the United States government loses hundreds of billions of dollars due to fraud. The False Claims Act ("FCA") was enacted to reclaim some of these funds. The FCA allows private individuals to sue for certain violations on behalf of the government. The government frequently takes lead on these cases and can recover tens of millions in single cases. If a person’s lawsuit is successful, he or she may be entitled to significant financial compensation. In this article, we examine the background of the act. If you have additional questions, please contact us for assistance. The False Claims Act As noted above, the FCA allows individuals to report fraud against the U. S. government. Individuals who report fraud are known as “whistleblowers. ” Successful whistleblowers may be entitled to significant financial compensation in exchange for the information they provide. Types of Violations All of the following are violations: Using fraudulent records to obtain funds from the federal governmentColluding with another person to obtain funds from the federal government for a false claimRequesting funds from the federal government for a false claimFailing to pay a financial obligation to the government Penalties Anyone who knowingly submits a fraudulent claim or causes another person to submit a false claim to the federal government faces a penalty of up to $11,000 plus three times the amount of damages incurred by the federal government. Financial Compensation If you file a successful qui tam, you may be entitled to up to 30% of the amount... --- - Published: 2021-06-28 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/what-is-a-catastrophic-injury/ - Categories: Catastrophic Injuries Blog, Spinal Cord Injury, Traumatic Brain Injury Blog Federal law defines “catastrophic injury” as an injury with direct and proximate consequences that permanently prevent an individual from performing any gainful work. In other words, a catastrophic injury is so serious that it leaves the victim with permanent damage. These types of injuries, which often involve damage to the brain or spinal cord, can have a severe impact on an individual's functional capabilities. In this article, we discuss catastrophic injuries and the ways that they impact people’s lives.   Overview Suffering a catastrophic injury means losing a vital part of your person. This can include losing a limb, losing the ability to walk, or even losing the ability to form a complete thought. In other words, catastrophic injuries are life changing. When a person suffers a catastrophic injury, he or she can file a lawsuit and pursue financial compensation from the party responsible for the injury.   Compensation Available Any time a person suffers a catastrophic injury, he or she may be entitled to financial compensation. Common types of financial compensation for catastrophic injuries include: Medical bills: People who suffer these kind of injuries often require surgery, rehabilitation, and even the permanent use of a medical device or medication. All of this can be extremely expensive.   Lost wages: Compensation for both past and future lost wages may be available to catastrophic injury victims. Emotional damages: These injuries may cause severe psychological consequences. The legal system recognizes this and compensates catastrophic injury victims for the emotional damage they have... --- - Published: 2021-06-24 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/common-white-collar-crime-myths/ - Categories: White Collar Crimes Blog White collar crime myths create common misunderstandings for those accused of violating the law. Television and movies often portray white-collar criminals as serving “easy time” in minimum-security prisons. Although this may be semi-accurate in some cases, white-collar criminals also sometimes receive lengthy prison sentences. Therefore, when it comes to white-collar crime, you must be very careful about where you get your information. In this article, we clear up a few common misconceptions about white-collar crime.   It’s Easy to Get Away with White Collar Crime  One of the most common white collar crime myths is that white-collar crime is easier to get away with than other types of crime. Although this may have been true in the past, it certainly isn’t the case today. In fact, the authorities are more vigilant than ever in combating white collar crime, and technological advances have made the identification and prosecution of white collar crime much easier than it was in the past. White Collar Criminals Don’t Go to Prison This myth stems from the discretion previously available to federal judges to impose sentences on those convicted of committing white collar crime. However, changes in the law in the mid-1980s changed this, increasing sentences for white collar crime drastically. In the past, only about 40 percent of white collar crime convictions resulted in prison time. However, this figure is now closer to 70 percent.   White Collar Criminals Serve Easy Time Another myth is that people convicted of committing white collar offenses serve easy... --- - Published: 2021-05-28 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/the-consequences-of-white-collar-crime/ - Categories: White Collar Crimes Blog Consequences of white collar crime, include prison, substantial fines, and restitution. In addition to criminal penalties, white collar offenses often give rise to civil lawsuits. Although it is nonviolent in nature, the authorities take white collar crime very seriously. Anyone the government accuses of a white collar crime must take it seriously. In this article, we examine some of the consequences of white collar crime.   Criminal Penalties The most serious potential consequence of white collar crime is a criminal conviction. Most white collar crime convictions result in a prison sentence, a monetary fine, or a combination of the two. At sentencing, the court considers the crime committed and whether the defendant has a prior criminal record.   The Myth of Easy Time for White Collar Crime Many people believe that those convicted of white collar crime serve time in comfortable, minimum-security facilities. However, there is no guarantee that this will happen. Anyone convicted of committing a white collar crime faces the possibility of serving time in an institution with a range of other criminal defendants.  Sentences can range from probation to decades in prison. Civil Liability  A defendant may also face civil liability from the government, the victims of the crime, or both. When the government files a civil action, it often seeks the return of any losses sustained by a victim. In addition to seeking restitution, the government may also seek civil penalties under a range of statutes. In some cases, the government may pursue civil asset forfeiture.... --- - Published: 2021-05-27 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/common-types-of-white-collar-crime/ - Categories: Fraud Blog, White Collar Crimes Blog Common types of white collar crimes range in nature and scope. They all typically involve financially motivated crimes committed by businesses and government professionals. The penalties associated with white-collar crimes can be severe. Anyone the government accuses of a white-collar crime should immediately seek the help of an experienced white-collar criminal defense attorney. In this article, we examine the most common types of white-collar crimes.   Common White-Collar Crimes Corporate Fraud: Corporate fraud encompasses a host of different fraudulent activities, including insider trading, the falsification of financial information, and any scheme designed to hide such activities. Embezzlement: Embezzlement occurs when an employee uses his or her position to misappropriate funds from his or her employer.   Ponzi Schemes: A ponzi scheme is a type of investment scam that uses the funds of new investors to pay prior investors.   Extortion: A person commits extortion when he or she illegally coerces a person or institution into giving up property, services, or money.   Bankruptcy Fraud: When a bankruptcy filer purposely hides assets from the bankruptcy court, he or she commits bankruptcy fraud.   Why White-Collar Crime Is Different  As opposed to some other types of crime, the nature of white-collar crime makes it difficult for law enforcement to detect. Punishment can be severe -- particularly if a victim suffers large losses.   Effect of White-Collar Crimes  Although white-collar crimes are nonviolent, the effects of white-collar crimes can be severe and long-lasting. For example, white-collar crimes routinely wipe out people’s life savings,... --- - Published: 2021-04-29 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/what-are-upcoding-and-unbundling/ - Categories: Health Care Fraud Blog Health care fraud occurs when a medical provider intentionally submits false or misleading information for use in determining the amount of health care benefits payable. Upcoding and unbundling are forms of health care fraud. At times, innocent health care providers can be routinely accused of upcoding, unbundling, and other forms of health care fraud. If you’ve been accused of upcoding, unbundling, or some other form of health care fraud, you should contact an experienced health care fraud defense attorney immediately. In this article, we examine the practices of upcoding and unbundling. What Is Upcoding? Upcoding occurs when a health care provider submits codes for more expensive procedures or diagnoses than he or she actually performed or diagnosed. When health care providers upcode medical bills for Medicaid and Medicare patients, they cheat those programs of needed funds. What Is Unbundling? Medicare and Medicaid often provide lower reimbursement for groups of procedures that are commonly performed together, such as closures and incisions that are incidental to surgeries. Unbundling, also known as fragmentation, occurs when a health care provider illegally bills bundled procedures separately, which results in higher reimbursement from Medicare and Medicaid. The Department of Justice prosecutes providers who engage in unbundling. Upcoding, Unbundling, and EHR Software Health care providers sometimes use electronic health records (“EHR”) software to facilitate upcoding and unbundling. With EHR software, medical providers can copy and paste notes from a patient’s last visit into each current treatment note. This can make it look like the provider has diagnosed... --- - Published: 2021-04-26 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/an-overview-of-health-care-fraud-penalties/ - Categories: Fraud Blog, Health Care Fraud Blog Penalties for health care fraud violations can range in type and severity. Over the last several years, the federal government has been aggressively cracking down on health care fraud. Health care fraud is a type of crime that involves the filing of dishonest health care claims. Anyone who is convicted of health care fraud faces serious civil and criminal penalties. In this article, we examine the penalties for committing health care fraud. Criminal Penalties The criminal penalties associated with health care fraud are significant. A person who makes fraudulent claims as described in the False Claims Act faces up to five years in prison and fines of up to $250,000. Health care providers who are convicted of violating the anti-kickback statute also face fines of up to $25,000 and a five-year period of incarceration.   Civil Penalties Health care fraud can also carry heavy civil penalties. A medical provider who violates the anti-kickback statute faces a fine of up to $50,000 per violation and a fine of up to $11,000 for each violation of the False Claims Act. In addition, the Office of Inspector General may impose a fine of three times the damages that the government suffered due to kickbacks or fraudulent claims. Administrative Penalties In addition to the penalties described above, health care providers who are convicted of fraud may be excluded from participation in federal health care programs. Failure to comply with the terms of exclusion can result in additional penalties. Specifically, the Office of the Inspector General may... --- - Published: 2021-03-25 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/common-types-of-health-care-fraud/ - Categories: Fraud Blog, Health Care Fraud Blog Health care fraud can take many forms, but there are common types of health care fraud schemes frequently prosecuted by the Department of Justice (“DOJ”). It is also a frequent subject of False Claims Act (“FCA”) qui tam suits. FCA actions have resulted in the recovery of billions of dollars on behalf of taxpayers. In this article, we discuss the most common health care fraud schemes investigated by the DOJ.   Medically Unnecessary Services Medicare and Medicaid only provide reimbursement for procedures or expenses that are medically necessary. When medical professionals suggest procedures, tests, and other medical processes that aren’t medically necessary, this is considered to be a type of fraud.   Kickback Schemes A kickback is an arrangement made between providers in which one party unlawfully refers patients to another party. Kickbacks can be in the form of cash, gifts, free or discounted services or supplies, travel, and anything else that has monetary value. The DOJ is particularly focused on whether kickbacks impact medical decision-making.   Allowing Staff to Perform Medical Examinations The Medicare and Medicaid billing rules require physicians to perform certain procedures—not nurses or other medical staff. However, it is becoming common for providers to allow nurses or office staff to handle routine procedures while billing for the cost of the physician’s time to perform the work. Not only can this be a form of fraud if not performed under specific circumstances, but it can also present a danger to patients. Providers who violate these rules may... --- - Published: 2021-03-23 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/choosing-a-health-care-fraud-defense-attorney/ - Categories: Fraud Blog, Health Care Fraud Blog If you are a health care provider who has been accused of fraud, you need to hire an attorney—and quick. However, not just any attorney will do. You must find a health care fraud defense attorney who will give you the best shot at a successful outcome in your case. Picking the right attorney can make all the difference in the world. Picking the wrong attorney, on the other hand, can make things go south quickly. In this article, we discuss how to choose a health care fraud defense attorney. Things to Look for In a Health Care Fraud Defense Attorney When you’ve been accused of health care fraud, the attorney you choose can make or break you. Therefore, you need to ensure that you choose the right attorney for the job. When meeting with prospective attorneys, you should ask the following questions: “Do you have health care fraud experience? ” The attorney you choose must have health care fraud experience. In other words, you shouldn’t hire someone who only practices general criminal law to handle your case. Ideally, you’ll only arrange consultations with attorneys who you already know the nuances of health care law and government investigations.   “How much of your practice do you dedicate to healthcare fraud defense? ” The attorney you choose doesn’t have to solely practice health care law. However, he or she should dedicate a significant amount of time to this area of the law.   “How many cases like mine have you handled?... --- - Published: 2021-03-19 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/ftca/ - Categories: Federal Tort Claims Act Blog A common question we receive: can members of the military sue under the Federal Tort Claims Act ("FTCA")? Unfortunately, active-duty service members generally cannot sue under the FTCA. But, in 2019, Congress took steps to provide some help the servicemembers and their families through the passage of SFC Richard Stayskal Military Medical Accountability Act of 2019. Law Before the Act In 1950, the Supreme Court in Feres v. United States, 340 U. S. 135 (1950) held that the United States is not liable under the Federal Tort Claims Act for injuries to military servicemembers sustained while on active duty. Since 1950, the government has used the “Feres Doctrine” to prohibit large numbers of claims by military servicemembers from being filed. The result was that military servicemembers and their families were left with no options, particularly with respect to those injured by medical malpractice claims against military healthcare providers or hospitals. The SFC Richard Stayskal Military Medical Accountability Act of 2019 In 2019, Congress passed the SFC Richard Stayskal Military Medical Accountability Act. This Act allowed for a servicemembers to pursue medical malpractice claims – turning the page on fifty years of roadblocks for military members and their families. As part of the Act, active-duty service persons can present medical malpractice claims against the Department of Defense. The DoD was required to develop procedures for handling these claims when they are filed.   Options For Active Duty Servicemembers Injured by Malpractice Although Congress passed the Act, active duty servicemembers and their... --- - Published: 2021-03-17 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/how-do-i-know-i-am-under-government-investigation/ - Categories: Firm News, Health Care Fraud Blog A frequent question we receive from clients is: how do I know whether I am under government investigation? The short answer is: you may not know whether you are under investigation and, if you do know you are under investigation, the government may already be a couple steps ahead. By the time you learn of a health care fraud investigation, government investigators have typically been working on the investigation for a significant amount of time. While each investigation has its own unique facts and circumstances, as a general rule, government investigators and the Department of Justice (“DOJ”) typically will take “covert” steps to gather information before taking any steps in public. As part of its “covert” investigation, the government will typically analyze data and review whether there are any historic information gathered from other investigations. Government investigators then may seek to obtain information without a target or subject becoming aware they are of interest. In terms of tools available, the DOJ will frequently use criminal, civil, and administrative resources in a coordinated operation. Investigators will often utilize both criminal tools (search warrants, grand jury subpoenas, HIPAA subpoenas, and wire taps) as well as civil tools (civil investigative demands (“CID”), administrative subpoenas, and inspection warrants). Which particular tools are utilized in a given case will depend on the facts of the case. Fraud investigators frequently build their cases with documents – emails, text messages, and business records. Government investigators can obtain these types of documents “covertly” through email search warrants, assuming... --- - Published: 2021-03-15 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/who-prosecutes-health-care-fraud/ - Categories: Health Care Fraud Blog Health care fraud prosecutions are led by three groups of prosecutors.   Most investigations will be handled by a local U. S. Attorney’s office. In U. S. Attorney’s offices across the country, each district has a designated health care fraud coordinator to handle criminal and civil investigations. Although they are based out of specific geographic areas, U. S. Attorney’s offices can investigate health care fraud that occurs outside of their area if there is a connect to the area they work. Many offices have specialized prosecutors and teams who focus on health care fraud prosecutions. At DOJ, there are also prosecutors assigned to the Criminal Division, headquartered out of Washington D. C. , assigned to various DOJ’s Strike Force. As described by the DOJ, the Strike Force uses advanced data analysis techniques to “hot spots” – cities with high levels of billing fraud – combined with traditional investigative techniques. DOJ has Strike Force operations in Miami, FL; Los Angeles, CA; Detroit, MI; Houston, TX; Brooklyn, NY; the Gulf Coast; Tampa, FL; Orlando, FL; Chicago, IL; Newark, NJ and Philadelphia, PA; Dallas, TX; the Appalachian Region (Tennessee, Alabama, Ohio, Kentucky, Virginia, and West Virginia); and Washington, DC (National Rapid Response Strike Force). Finally, attorneys from state Attorneys General offices will frequently join federal investigations. Medicaid Fraud Control Unit (“MFCU”) prosecutors assist federal authorities and lead state investigations into similar theories of health care fraud. MFCU prosecutors can bring cases in coordination with federal authorities. Frequently, State Attorney General’s offices will assign... --- - Published: 2021-03-12 - Modified: 2024-08-15 - URL: http://griffindurham.com/blog/how-do-i-file-an-ftca-case/ - Categories: Federal Tort Claims Act Blog Because the Federal Tort Claims Act ("FTCA") creates a different process than normal tort claims against a private party, those injured by the federal government should find an attorney with specialized experience and skills who can guide you through the various pitfalls to bringing a case. It is important to present a federal tort claim correctly.   The process is complex and a mistake may cause you to lose your ability to recover compensation for your losses. One key requirement is to file a timely administration claim. Under the law, you must bring a claim against the United States within two years of the date the claim accrues. If you believe you had a claim, you should consult with an FTCA attorney so that you can get a frank evaluation of its merits and possible options for you and your family. If you have a claim, another common mistake – one can significantly hamper the ability of an individual harmed by government negligence to recover – occurs during the administrative process. Unlike when you have a claim against a private party, to pursue a negligence claim against the United States, you must first complete an administrative form called an SF-95, such as the VA form available online. An SF-95 provides the relevant agency who has harmed you an opportunity to investigate and resolve the matter before any case is filed in court. As part of the SF-95, you must identify a dollar value you are seeking for the claim. While... --- - Published: 2021-03-10 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/covid-19-fraud/ - Categories: Firm News, Fraud Blog, White Collar Crimes Blog In 2020, the government launched an unprecedented response to the global COVID-19 pandemic. With the expansion and creation of government assistances programs also comes a new area of government enforcement. Individuals and businesses who received federal assistance, including support through the Paycheck Protection Program (“PPP”), Economic Injury Disaster Loan (“EIDL”), or any other program could be in the crosshairs of a government investigation if investigators believe you obtained money improperly or a subsequent audit identifies any discrepancies.   With this massive influx of federal support, the Department of Justice (“DOJ”) has dedicated substantial resources to investigating and prosecuting those who they believe have fraudulently obtained money through one of these federal programs. What is the Paycheck Protection Program? The Paycheck Protection Program is a federally-funded program that provides loans to help businesses keep their workforce employed during the Coronavirus (COVID-19) crisis. Administered by the SBA, the PPP has funded over $900 billion to American companies since the start of the crisis. Not everyone, however, is eligible for support. The PPP programs offers loan to companies who meet certain conditions. For those who receive funding, a company must use the loan for specific purposes and meet certain conditions to have that loan forgiven.   What are Economic Injury Disaster Loans?  Economic Injury Disaster Loans are separate from PPP loans and are intended to meet financial obligations and operating expenses that could have been met had the disaster not occurred. Like the PPP Program, only certain companies are eligible and the proceeds... --- - Published: 2021-03-08 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/civil-opioid-and-diversion-enforcement/ - Categories: Civil Controlled Substances Act (CSA) Blog, White Collar Crimes Blog Over the past few years, government agencies and the Department of Justice have cracked down on medical professionals they suspect may be distributing controlled substances, particularly opioid diversion, outside of the parameters of the Controlled Substances Act (“CSA”). Government enforcement efforts can include multi-agency task forces focusing on physician “pill mills,” pharmacists, and anyone else in the opioid supply chain. While the government frequently focuses on prescriptions or distribution of controlled substances “outside the usual course of professional practice,” investigators will also seek to attack the need for the medication itself to determine if there was a “legitimate medical purpose” behind the prescription. While pursuing criminal prosecutions remains the number one priority, the DOJ is also increasingly using other tools to maximize its impact. The CSA, under Title 21 U. S. C. § 841, has long been the primary tool of government opioid “pill mill” and diversion criminal investigations; however, related fraud and financial crimes are frequently-used corrolaries to the Section 841 offenses.   In recent years, however, DOJ has used the civil penalties provisions to punish physicians, pharmacists, and hospitals who DOJ believes have failed to meet with requirements of the CSA. Under the CSA, DOJ can seek civil penalties – up to tens of thousands of dollars – for each violation. Frequently, DOJ has used two provisions to pursue providers involved with alleged opioid diversion.   First, DOJ can seek penalties for distributing or dispensing a controlled substance in violation of the CSA.  Second, DOJ can seek penalties... --- - Published: 2021-03-04 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/federal-tort-claims-act-101/ - Categories: Federal Tort Claims Act Blog This article, Federal Tort Claims Act 101, will give you the basics of this important tool to protect the rights of you and your family. The Federal Tort Claims Act ("FTCA") is the primary legal tool to hold the U. S. government responsible for negligence committed by its employees or agents. What are the basics of the FTCA? As a general rule, the federal government cannot be sued for negligence. The FTCA is important because it removes the federal government’s otherwise-expansive immunity for certain types of tort claims. Under the FTCA, the federal government is responsible for the negligence of its employees while they are acting in the course of their employment. While the United States can be liable for a range of torts, the government can raise defenses to dismiss cases that most defendants cannot raise.   What are Common Examples of FTCA Cases in Georgia? The FTCA permits individuals or, in some cases, their loved ones to bring cases in several areas. Common examples of FTCA claims include: Army, Navy, or Air Force Medical Malpractice. Family members of servicemembers frequently receive treatment at medical facilities located at or near military installations. Patients injured by negligence or medical malpractice while receiving medical care may be able to sue the United States under the FTCA for their injuries. In Georgia, there are a number of major military facilities that provide care:Eisenhower Army Medical Center (Augusta, Fort Gordon, Georgia)Martin Army Hospital (Columbus, Fort Benning, Georgia)Winn Army Hospital (Hinesville, Fort Stewart, Georgia)Naval... --- - Published: 2021-03-01 - Modified: 2024-03-28 - URL: http://griffindurham.com/blog/false-claims-act-priorities-under-the-biden-administration/ - Categories: False Claims Act Blog & News, Firm News On February 17, 2021, Department of Justice (“DOJ”) Acting Assistant Attorney General Brian M. Boynton identified top priorities for the DOJ under the False Claims Act. Among the areas to watch, the two top priorities identified were (1) pandemic-related fraud and (2) opioid enforcement. While this should come as little surprise, these areas of emphasis appear to have bipartisan support as continued points of emphasis for DOJ moving forward. In 2018, former Attorney General Sessions emphasized opioid enforcement during his tenure, allocating substantial resources and prosecutors to opioid-related prosecutions. In addition to the Appalachian Regional Prescription Opioid Strike Force, each U. S. Attorney’s office named a prosecutor as an “Opioid Coordinator” to focus on criminal and civil opioid enforcement. In Georgia, the U. S. Attorney’s offices have been no exception with respect to making opioid enforcement a priority. Traditionally, the focus on these efforts has been criminal prosecution. Acting Assistant Attorney General Boynton’s remarks illustrate that DOJ wants to broaden its enforcement portfolio by emphasizing civil tools to be brought to bear on opioid enforcement. The Northern District of Georgia, for example, has brought several opioid-related prosecutions, including several against prescribers, and used alternative methods to raise awareness, such as issuance of warning letters to outlier prescribers. Also of note, throughout 2019 and 2020, the Southern District of Georgia has aggressively used both criminal and civil enforcement tools pursue those pharmacies and physicians it believes has violated either the False Claims Act or for civil penalties under the Controlled Substances Act. Similar efforts have occurred elsewhere, in joint cases brought by Washington-based... --- --- ## FAQs - Published: 2025-03-27 - Modified: 2025-09-10 - URL: http://griffindurham.com/faqs/what-are-the-potential-penalties-for-medicare-billing-fraud/ - FAQ Categories: Health Care Fraud Medicare billing fraud carries severe civil and criminal penalties, including treble damages, program exclusion, and lengthy prison sentences. If you are facing an investigation or indictment, Griffin Durham Tanner & Clarkson LLC provides strategic, aggressive defense to protect your career, finances, and freedom. Contact our Atlanta white-collar criminal defense lawyers today for immediate legal representation. Understanding Medicare billing fraud Medicare fraud occurs when false or misleading claims are submitted to the Medicare program to receive unauthorized payments. Common examples include: Billing for services not provided – Submitting claims for procedures, tests, or treatments that were never performed. Upcoding – Using incorrect billing codes to inflate reimbursements. Unbundling – Billing separately for services that should be grouped together under a single code. Kickbacks and self-referrals – Violating the Anti-Kickback Statute (42 U. S. C. § 1320a-7b(b)) or the Stark Law (42 U. S. C. § 1395nn) by offering or receiving improper financial incentives for patient referrals. Falsifying patient records – Altering documentation to justify medically unnecessary services. Medicare billing fraud is prosecuted aggressively, often leading to both civil and criminal penalties under federal law. Penalties for Medicare billing fraud Medicare billing fraud carries severe civil and criminal penalties, and it is often prosecuted under the False Claims Act (FCA) and other federal statutes. Civil penalties Treble damages – Defendants may be required to pay three times the fraudulent claim amount. Civil monetary penalties – Fines range from $13,508 to $27,018 per false claim. Exclusion from Medicare and Medicaid – Individuals and... --- - Published: 2025-03-13 - Modified: 2025-09-10 - URL: http://griffindurham.com/faqs/bribery-vs-extortion/ - FAQ Categories: White-Collar Crime Bribery and extortion are distinct yet equally serious offenses that can lead to severe legal and financial consequences. While bribery involves offering or accepting improper benefits, extortion is committed through coercion or threats. If you are accused of either crime, Griffin Durham Tanner & Clarkson LLC provides aggressive defense strategies to protect your rights, career, and reputation. Contact our Atlanta white-collar criminal defense lawyers today for discreet, experienced legal counsel. Bribery – Offering or accepting undue influence What is bribery? Bribery occurs when someone offers, gives, solicits, or accepts something of value in exchange for influencing the actions of a public official, corporate executive, or decision-maker. The intent behind the exchange is key—whether money, gifts, or favors, the purpose must be to sway an official or business decision. Bribery can take many forms. Here are a few examples: A contractor offers money to a government official in exchange for securing a lucrative contract. A corporate executive receives kickbacks for steering business deals toward a particular vendor. A politician accepts contributions in return for passing favorable legislation. Federal and state bribery laws Bribery is a serious offense under both federal and Georgia law: Federal bribery law (18 U. S. C. § 201) criminalizes bribery of public officials and carries penalties of up to 15 years in prison and substantial fines. Georgia bribery law (O. C. G. A. § 16-10-2) makes it illegal to give or receive bribes to influence an official act, punishable by up to 20 years in prison and... --- ---