Authorities are also hinting at increased interagency data sharing, such as between civil compliance investigators and criminal prosecutors. Professionals working in the following industries and areas should particularly take heed:

COVID-19 pandemic-related transactions, including business owners and other applicants seeking, using, or obtaining forgiveness of loans from the Paycheck Protection Program (PPP), the Small Business Administration (SBA), or relief from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and related government programs are the low hanging fruit. Fraud investigations can also be expected to extend into conduct by banking executives and other employees who processed loan applications.
In real estate, cash transactions are more likely to raise red flags for investigators. As of this writing, the U.S. Treasury Department is evaluating new regulations for cash-based real estate deals. Prosecutions of violations of these new regulations should be expected to follow.
Cryptocurrencies frequently make headlines, and as federal and state lawmakers consider cryptocurrency regulations, expect additional resources into crypto and cyber fraud.
Cooperation credit, which the current administration says was too leniently granted in the past, is now expected to be more challenging to obtain. To receive this sought-after credit, corporate clients should expect to deliver to the DOJ all nonprivileged information about anyone involved in the misconduct at issue, not just persons who the client believes to be "substantially involved."

Health care fraud

Health care, including telemedicine and telehealth fraud deserves its own section. Almost daily, the government publicizes another major health care fraud takedown with numerous doctors, labs, pharmacies, and other health care executives getting arrested and charged with Medicare/Medicaid fraud and conspiracy. With its large senior population, South Florida has especially been the focus of major takedown operations. Anyone working in the industry should pay close attention to the clear message coming out of the DOJ and the Department of Health and Human Services (HHS).

Instant Insights /

White-collar prosecution in 2022: Expect to see increased health care scrutiny

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