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The FCPA and the Health Care Sector: Entering an Era of Heightened and Unprecedented Enforcement

The FCPA and the Health Care Sector: Entering an Era of Heightened and Unprecedented Enforcement By Stuart M. Gerson, Esq., and Dale C. Van Demark, Esq.

Epstein, Becker & Green

Throwing down the gauntlet to health care providers, and most significantly, their executives who increasingly are doing business overseas, Acting Deputy Attorney General Gary G. Grinder recently told the National Institute on Healthcare Fraud that: “In some foreign countries, nearly every aspect of the approval, manufacture, import, export, pricing, sale and marketing of a drug product may involve a ‘foreign official’ within the meaning of the Foreign Corrupt Practices Act. … [The Depart- ment of Justice] will not hesitate to charge [health care] companies and their senior executives under the FCPA if warranted to root out foreign bribery in the industry.”1

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