John G Martin

June 03, 2016 | New York Law Journal

John G. Martin writes: Although the FCA and most provider contracts with insurance companies do not discuss statistical sampling and extrapolation, it has become routine for the government, whistleblowers and insurers to demand repayment of thousands of claims that they have not reviewed, by pointing to errors in a subset of claims that they have reviewed.

By John G. Martin

29 minute read

July 07, 2014 | New York Law Journal

John G. Martin, a partner at Garfunkel Wild, writes: The concepts of fraud and fraudulent intent seem simple enough to apply, at least on the surface. But something about placing the words "health care" in front of these terms tempts federal prosecutors to broaden the definitions, and to seek to include within their reach conduct which, although admittedly wrong on some level, is already addressed through regulatory prohibition and punishment, and to substitute prison sentences for the fines and debarments historically used to sanction such conduct.

By John G. Martin

19 minute read

July 09, 2012 | New York Law Journal

John G. Martin, a partner at Garfunkel Wild, writes: Secured home confinement as an alternative to detention has had a rocky history within the Second Circuit, and, after a brief recent period of expanded utilization, recent decisions in the circuit may signal a constriction of the ability of white-collar defendants to insist on "home-jailing."

By John G. Martin

16 minute read