Bart Daniel's Published Work
Contact Information7 State Street, Charleston, SC 29401
843.722.6254 Monday-Friday | 8:30am-5:00pm View in Google Maps
Bart has authored numerous books on white collar crime that serve as ready reference guides for federal, state and local prosecutors as well as private practitioners. His most recent publication, Health Care Fraud and Collateral Consequences, Second Edition published in 2011 deals with the recently enacted changes in health care enforcement brought about by the Patient Protection and Affordable Care Act.
His works also include Federal and State Securities Enforcement (2008); Computer and Intellectual Property Crimes (2003); Health Care Fraud and Collateral Consequences First Edition (2001); Environmental Crimes and Corporate Liability, Second Edition (1999, 1993); State and Federal Tax Crimes (1996); Defending White Collar Crimes (1992); and Defending Environment Crimes (1992).
Bart has recently co-authored an article featured on the cover of the South Carolina Lawyer (September 2010) entitled "Health Care Reform: Recent Developments in Fraud Enforcement."
Health Care Fraud and Collateral Consequences Second Edition (2011)
Health Care Fraud and Collateral Consequences Second Edition (2010) is timely in light of the recently enacted Patient Protection and Affordable Care Act providing federal prosecutors and agents with increased funding and new weapons to investigate health care fraud.
The investigation and prosecution of health care fraud became widespread following the enactment of Health Insurance Portability and Accountability Act (HIPAA) in 1996. The objective results cannot be disputed: in 2009 the United States government collected $2.4 billion in health care fraud settlements and judgments.
HIPAA forever changed the enforcement landscape. In addition to creating a specific health care fraud offense, it funded new prosecutor, auditor and agent positions to ferret out and prosecute health care offenders. U.S. Attorneys’ offices formed teams of experienced prosecutors and agents trained in health care fraud. These experienced teams began initiating parallel proceedings, many times employing the same criminal Office of Inspector General (OIG) agents to investigate civil and criminal claims of fraud. It became the norm for defendants to be prosecuted on criminal charges, sued on the civil claims and later excluded from participating in government funded health care programs. Thus, a small town pharmacist was imprisoned for his health care crimes, required to pay a civil fraud judgment, forced out of business by exclusion and prevented from working for any pharmacy or hospital when he returned from prison.
On the strength of a proven track record of collecting billions, Congress has provided more aggressive enforcement tools and increased funding for the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) under the recently enacted Patient Protection and Affordable Care Act of 2010 (PPAC). The Act provides increased funding for prosecutor and investigator positions, creates powerful new investigative tools, lowers the bar for prosecutors and qui tam plaintiffs, establishes new criminal offenses and increases the punishment for health care offenses. The Act also expands the outsourced component of the government’s anti-fraud program under the Recover Audit Contractor (RAC) program which many refer to as a private bounty hunter audit process.
Today, federal and state authorities are employing a holistic and well-coordinated approach to vigorously investigate and prosecute health care providers who abuse the system. This publication is a direct response to the recent enactment of PPAC and the government’s more aggressive approach. Now armed with subpoena-like “Civil Investigative Demands” (CID’s) U.S. Attorneys are empowered to obtain documents and compel testimony at depositions before ever filing a complaint or joining a qui tam action.
This publication discusses these new weapons along with prosecutors’ more traditional techniques of search warrants and grand jury probes. It addresses multi-agency investigations, prosecutions and the often devastating collateral consequences. It is designed to serve as a ready reference for private practitioners, prosecutors and health care providers who deal with the enforcement aspects of health care. Whether it is the big business of the large-scale provider such as hospitals or hospice clinics or the day-to-day operations of a small town pharmacy or medical practice, the submission of bills for payment in the Medicare/Medicaid Program or to insurance carriers has become a minefield for the unwary.
Environmental Crimes and Corporate Liability (1999)
Environmental Crimes and Corporate Liability (1999) was written in response to increased federal and state environmental enforcement. When we published our first edition in 1993, environmental prosecutions were in their infant stage. The great majority of investigations and prosecutions were in the federal system. Since then, the State Attorney General and local Solicitors have joined the fray, actively investigating and prosecuting cases once thought to be within the exclusive jurisdiction of "the Feds." An increase in the number of funded positions for investigators and prosecutors has resulted in a marked increase in the number of investigations over the past few years.
One rationale supporting the criminal enforcement of environmental provisions rests on the theory that civil and administrative remedies fail to adequately deter violators. Additionally, society generally views criminal sanctions as more punitive and thus more applicable to cases about which the community wishes to express its moral outrage.
For whatever reason, environmental crime is becoming the darling of federal and state prosecutors. And, although perhaps The most serious result of this trend is the reality that individuals will likely enter federal prison if convicted of such crimes, business and industry leaders must recognize the widespread consequences of environmental issues as they relate to individual and corporate liability.
This publication should serve as a primer and ready reference for prosecutors and private practitioners alike. It does not contain an exhaustive study of any specific issue but rather is an overview which can be used as a starting point to lead you to a useful website, an obscure regulation or a critical yet seldom cited case.
Federal and State Securities Enforcement (2008)
Federal and State Securities Enforcement (2008) was published as a direct result of the recent financial scandals and corporate failures on Wall Street. Securities enforcement received little attention in past decades. There were relatively few federal security fraud prosecutions in District Courts around the country other than the Eastern and Southern Districts of New York. There were even fewer on the state level. South Carolina was no exception. However, two events after the turn of the century rocked the world of securities enforcement. Corporate failures involving Enron, Qwest and WorldCom on the federal level spurred new legislation and a heightened enforcement of federal security laws. Closer to home, the failures of HomeGold Financial Inc. and the Thaxton Group within South Carolina transformed state securities enforcement. The response of our federal and state elected representatives has been swift and dramatic in an effort to "get tough on securities crimes." Our elected representatives have provided unprecedented funding along with procedural and substantive tools to encourage criminal and civil securities enforcement.
Statutory changes on both the federal and state levels include:
- Procedural changes enabling investigators and prosecutors to better detect, investigate, and prosecute securities fraud;
- Substantive changes criminalizing certain fraudulent activities and requiring corporate officers and those in positions of financial trust to certify the truthfulness of information contained in corporate financial statements and filings.
Congress and many states have now strengthened securities enforcement by providing substantial financial resources to fund additional investigator, auditor, and prosecution positions.
This publication is designed to serve as a ready reference for private practitioners and prosecutors alike who deal with securities enforcement. Securities enforcement is no longer confined to Wall Street but has come crashing down now on Main Street as well.
This work examines the wide spectrum of issues arising in this arena. Finally, the text provides website listings ranging from the Department of Justice (DOJ) and Securities Exchange Commission (SEC) to the South Carolina Attorney General's Office. These sites might contain helpful information or serve as a starting point for research and referral. Each site has links to dozens of related sites touching virtually every aspect of securities enforcement that a practitioner might find useful.
State and Federal Tax Crimes (1996)
State and Federal Tax Crimes (1996) was co-authored with the Director of the Department of Revenue for South Carolina along with his Chief Deputy of Enforcement and a federal prosecutor. It discusses the federal criminal tax statutes and compares each to its parallel state counterpart. It also outlines the differences between the federal and state statutes and their penalties.
Computer and Intellectual Property Crimes (2003)
Computer and Intellectual Property Crimes (2003) focuses on enhanced enforcement on the federal and state levels. These issues received little attention in past decades. However, with the explosion of the Internet and the tragic events of 9/11, the Executive, Legislative and Judicial branches of our state and federal governments have made dramatic changes in the legal and law enforcement arenas. Elected representatives have had the difficult job of balancing the increased need for security and early detection of potentially devastating crimes on the one hand with our treasured civil liberties on the other. Today, federal and state agencies are working closer together to vigorously detect, pursue and prosecute those who commit computer and intellectual property crimes. This publication is in response to the explosive legislative changes which have taken place and the increased law enforcement effort in the form of aggressive government techniques such as wiretaps, search warrants and grand jury investigations. It addresses multi-agency investigations, newly enacted statutes and federal and state prosecutions.
This publication is designed to serve as a ready reference for private practitioners and prosecutors alike who deal with the criminal aspects of computer and intellectual property issues.
We hope to examine the wide spectrum of issues which arise in the computer and intellectual property criminal arena. Finally, the text provides website listings ranging from the Department of Justice, Computer Crimes and Intellectual Property Section (CCIPS), to the South Carolina Computer Crime Center (which has been hailed by F.B.I. Director Robert Mueller as a state of the art model for other computer crime centers throughout the country). These sites might contain helpful information or serve as a starting point for research and referral. Each site has links to dozens of related sites touching virtually every aspect of computer and intellectual property law that a practitioner might find useful.
Health Care Reform; Recent Developments in Fraud Enforcement
South Carolina Laywer, September 2010
In 2010, combined federal and state health care spending is projected to exceed $800 billion. The United States Department of Justice ("DOJ") cites external studies estimating that the amount of fraud associated with that level of spending is between three and ten percent, or $27 to $80 billion in 2010 alone.
The recently passed Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, 124 Stat. 119 (2010), and the Healthcare and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) (the "Act"), enacted sweeping changes to health care, including important anti-fraud measures that will significantly boost the federal government's prosecution of civil and criminal fraud cases. Although these anti-fraud provisions were largely obscured by the sound and fury of the health care reform debate, health care law practitioners and their clients must be aware of these significant changes in the landscape of health care law. Specifically, the Act provides substantial federal funding to finance fraud enforcement efforts, creates powerful new investigative tools, lowers the bar for prosecutors and qui tam plaintiffs, establishes new criminal offenses, and increases the punishment for violations.
This article discusses new enforcement weapons both available to prosecutors and the changes to the False Claim Act to make it easier for "whistleblowers" to file against health care providers.