ABA Section of Business Law
Business Law Today
May / June 2000 (Vol. 9, No. 5)
Under the microscope
There is a trend emerging of indictments of lawyers in insurance, health care,
securities and banking cases. Transactional lawyers, especially, are being investigated.
The authors tell how the government goes about proving its cases.
By J. BRADLEY BENNETT and JODY MANIER KRIS
Anti-kickback anxiety
In the government’s continuing war on health-care fraud, the statute is changing
the way deals are done. A big concern is any appearance of "inducing a
referral." In fact, courts are allowing private parties to seek civil penalties. Such
areas as the recruitment of doctors and rental agreements seem to attract attention as the
boundaries are blurring between what’s OK and what’s not.
By STANLEY A. TWARDY and MICHAEL P. SHEA
When the SEC comes knocking
The SEC generally regulates by deterrence since it has so few staff lawyers. But when
it brings a criminal case, it handles enforcement through the Department of Justice. So
which cases run a high risk of prosecution? Should a deal be cut? The authors conclude by
discussing "process violations."
By DAVID CHASE and NEAL WILSON
That’s where the money is
The principal crimes involving financial institutions affect those whose deposits are
insured by federal agencies. The cases range from bank robbery to bank fraud (with the
banks as perpetrators, not victims, of the criminal conduct). You know, things like money
laundering and a whole range of other crimes.
By JOHN K. VILLA
Taking the 5th
The author gives guidance to lawyers on the subject of how taking the Fifth differs in
civil cases. How can invoking it be used against someone? Lawyers should understand the
limits on its use and how to neutralize its effects.
By NANCY C. WEAR
A key state’s approach to LLCs
Delaware offers flexible entities to do business. But is Delaware different from other
states when it comes to limited liability companies? Yes. The author spells out
Delaware’s approach.
By JAMES G. LEYDEN Jr.
departments:
