Railroaded! How to Approach the Twin Tracks of Parallel Proceedings

Host Jonathan Porter is joined by Troy Clark, Director and Corporate Counsel with Wellstar Health System, to discuss the peculiarities and difficulties of tackling parallel proceedings, that is, investigations and/or enforcement actions that have both a False Claims Act and criminal component. Jonathan and Troy recount a prosecution they handled in parallel while serving together at the Department of Justice involving government procurement fraud and the bribery of public officials, among other charges. From there, they explore the nuance and complexities of how dual-track investigations proceed and the importance for in-house and defense counsel to establish the scope of investigations early on and to know how to ask the right questions of the right people at the right time.Jonathan and Troy also discuss a possible third track for these actions, the administrative level, that can have enterprise-altering implications for government contractors, particularly if government authorities pursue disbarment, which would forbid a company from contracting with the government in the future.Finally, Jonathan and Troy cover some due process considerations that often bear upon parallel proceedings, including the use of “stalking horse” tactics by prosecutors. They discuss case law and statutory law protections in place that can help defendants manage risk and liability in parallel civil and criminal cases. Jonathan Porter BiographyFull BiographyJonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.Troy Clark BiographyTroy currently serves as Director and Corporate Counsel for Wellstar Health System. In that role, Troy leverages his years of practical experience earned as a former trial and appellate lawyer and as a former Assistant United States Attorney, to help manage all aspects of litigation, compliance and risk management, and internal investigations for all health system entities. In addition, Troy provides practical legal advice to all health system departments to help achieve business objectives, institutional projects, mitigate risk, and provide the highest level of patient care.