Skip to main content

Kevin Lowell Quoted on DOJ Fraud Enforcement Priorities in Law360

Subtitle
"New Fraud Division Flexes Might in Latest Enforcement Policy"

Law360

Kevin Lowell discussed in Law360 how the Department of Justice's (DOJ's) newly created National Fraud Enforcement Division (NFED) is expanding its enforcement focus and centralizing oversight of corporate fraud investigations. Lowell noted that "the target list is growing beyond traditional healthcare providers and the proof of that is the reference to the Food, Drug and Cosmetic Act," signaling increased scrutiny of FDA-regulated companies, including those in the pharmaceutical, medical technology, and life sciences sectors. He explained that if the government's goal is to impact the broader healthcare and life sciences industry, it would need to examine "the full gamut of companies across that landscape." Lowell also observed that NFED's directive requiring prosecutors to report ongoing investigations demonstrates the division's intent to exercise centralized control and move quickly on its enforcement priorities, adding that "it's not just a broad, vague policy statement." He further highlighted the division's sophisticated data analytics capabilities, noting that investigators can use data to rapidly identify and develop new corporate fraud cases.