2025 White Collar Crime Conference: Focus on Fraud Enforcement and FCA/AKS Priorities
TL/DR –
The Boston Bar Association’s annual White Collar Crime Conference in 2025 highlighted ongoing enforcement priorities under federal and state False Claims Act (FCA) and Anti-Kickback Statute (AKS). Panelists, including US prosecutors, judges, and lawyers, discussed areas likely to be in focus, including healthcare fraud, and potential logistic challenges due to staff shortages. They also discussed cases such as United States v. Regeneron Pharmaceuticals Inc. and United States ex rel. Zafirov v. Florida Medical Associates, LLC, noting their impacts on FCA/AKS enforcement.
Boston Bar Association’s Annual White Collar Crime Conference
The Boston Bar Association on May 8, 2025, held its annual conference on white collar crime. A focus of the event was the constant evolution of the field, with the underlying principles of civil and criminal fraud enforcement remaining steady. A key highlight was the panel discussing the False Claims Act (FCA) and Anti-Kickback Statute (AKS) enforcement priorities.
The attendees included judges from the US District Court for the District of Massachusetts, prosecutors from the US Attorney’s Office for the District of Massachusetts, and attorneys from the whistleblower and defense bars. The panel included leaders from the Civil Enforcement Unit, Healthcare Fraud Unit, Securities, Financial, and Cyber Fraud Unit, and Medicaid Fraud Division.
FCA/AKS Enforcement Priorities and Predictions
The FCA/AKS panel initiated a discussion on enforcement priorities and the effect of significant FCA/AKS case results. They predicted an increase in cases related to kickbacks in broker arrangements and healthcare investments by private equity firms. The panel also anticipated future challenges due to staffing shortages and a rise in non-healthcare-related FCA cases, mainly involving paycheck protection program loans and cyberfraud.
Assistant U.S. Attorney Abraham George stated that the Office’s Civil Division is still vigorous in FCA enforcement, with $20 million collected in the early months of 2025. He also declared that the administration fully supports the FCA, citing a recent case against three Medicare Advantage plans, with the complaint filed by a whistleblower in 2021 and unsealed on May 1, 2025.
State-Level FCA/AKS Enforcement and Future Developments
Kevin Lownds, Deputy Chief of the Medicaid Fraud Division from the Office of the Massachusetts Attorney General, reported strong collaboration with federal authorities. He highlighted a new enforcement trend focusing on ‘careless’ investments by private equity firms in healthcare and a surge of PPP and cybersecurity fraud cases.
Impact of Recent FCA/AKS Cases
The panel also discussed the influence of two significant FCA/AKS cases, United States v. Regeneron Pharmaceuticals Inc. and United States ex rel. Zafirov v. Florida Medical Associates, LLC. The panel debated the “but-for” causation requirement in the Regeneron case and the constitutionality of whistleblower provisions addressed in the Zafirov case, which is currently pending in the Eleventh Circuit.
The discussion ended with U.S. Attorney Leah B. Foley pledging that, despite staffing shortages and a hiring freeze, the Office would continue to lead in healthcare fraud and collaborate with other U.S. Attorneys’ Offices and the Department of Justice. She also confirmed the Office’s unchanged approach towards whistleblowers. For more information on this topic, please contact the authors.
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