Thoughtful Insight and Updates on Legal Issues that Matter to You

Perspectives

Justice Sandra Day O’Conner sides with a Small Business Against the IRS

Recently, the Internal Revenue Service (IRS) has been on a rampage targeting banks and tax preparers, but a recent 11th Circuit decision might force the IRS to reconsider this strategy.

Pistachios in a Pinch

Tougher Sanctions Close Pipeline for Trade in Food, Carpets and Financial Transactions from Iran On August 16, 2010, the Department of Treasurys Office of Foreign Assets Control (OFAC) promulgated new […]

Health Care Reform Strengthens Fraud Prosecutions and Expands Scope of False Claims Act

The Patient Protection and Affordable Care Act, signed into law on March 23, 2010, will make it easier for the federal government to investigate and prosecute health care fraud and increase penalties for violations. The new bill provides for more than $350 million over 10 years to reduce healthcare fraud and abuse while easing prosecutions, strengthening sentencing guidelines, and expanding the False Claims Act.

Judge Agrees Agency for Health Care Administration Rule Goes Beyond Regulatory Powers

On July 23, 2010, Administrative Law Judge Eleanor M. Hunter entered a Final Order in the case of Las Mercedes Home Care Corp v. Agency for Health Care Administration. The Order declared invalid a rule requiring Medicaid providers of home health agencies to issue either W-2 or 1099 tax forms to individuals on their staffs.

Dietary Supplement Marketer to Pay $5.5 Million to FTC for Weight Loss and Immunity Claims

Weight loss, immunity, and cold and flu claims are on the radar of the Federal Trade Commission (FTC), as evidenced by last weeks $5.5 million settlement with supplement marketer, Iovate […]

Senate Bill Introduced to Increase FDA Authority

This week Sen. Michael Bennet (D-CO) introduced the Drug Safety and Accountability Act of 2010 to the U.S. Senate. The Bill aims to increase the authority of the U.S Food and Drug Administration (FDA) to regulate drugs manufactured overseas and allow for heightened oversight and regulation of over-the-counter (OTC) drugs.

IRS Successfully Prosecuting Tax Evaders

In the past two weeks, the IRS has announced lengthy prison sentences in cases involving conspiracy to defraud the U.S. government and related charges. Acting Assistant Attorney General John A.Dicco of the Justice Department’s Tax division believes that recent sentences send a powerful message stating that, “Those who promote tax fraud schemes will be investigated, prosecuted and convicted, and they also face substantial prison sentences.”

Feds Challenge Stem-Cell Treatment

WASHINGTON (CN) – The Department of Justice says a stem-cell treatment to rebuild hips, knees and other joints has been misbranded by its manufacturer, Regenerative Sciences, and violates standards of […]

Colorado Medical Clinic Welcomes Opportunity to Fight FDA in Court

DENVER, Aug. 9 /PRNewswire/ — Regenerative Sciences, Inc., a Colorado medical practice that specializes in the use of a person’s own stem cells to help patients avoid more invasive orthopedic surgery, announced today that the US Food and Drug Administration (FDA) is seeking to enjoin the clinic physicians from practicing medicine using patients’ own stem cells. The lawsuit will allow Regenerative Sciences to question the FDA’s policy that adult stem cells can be classified as drugs when used as part of a medical practice.

IRS Liens go Un-noticed

The IRS has begun to automatically issue tax liens to taxpayers with more than $5,000 in “currently not collectable” debt, regardless of their circumstance. This policy led to 966,000 tax […]