direct Assistant: Leah Fuller

Transcription

1 RICHARD W. WESTLING Partner direct Assistant: Leah Fuller Nashville City Center 511 Union Street Suite 2700 Nashville, TN fax Companies and individuals call upon Richard Westling when facing complex compliance challenges, government investigations, high-profile enforcement actions, or the prospect of severe criminal, civil, or administrative sanctions. Where a client needs strategic advice managing a corporate crisis, has received a subpoena or search warrant at the start of a government investigation, or is embroiled in an enforcement action, Rich is sought after for his guidance and representation. Rich has extensive experience in False Claims Act matters, qui tam litigation and other healthcare enforcement actions. He is Certified in Healthcare Compliance (CHC) by the Health Care Compliance Association. For more than 25 years, Rich has honed his communication and advocacy skills in the roles of federal prosecutor, in-house counsel, and white collar defense attorney. Most recently, he rejoined Waller after serving as First Assistant United States Attorney for the Eastern District of Louisiana. Individuals and companies facing investigations into highly regulated areas such as healthcare, environment, financial services and tax matters appreciate Rich's dogged, yet comfortable approach to representing their interests in difficult situations. With his ability to enter a heated conflict and restore calm, Rich demystifies the investigation process, assists with crisis response, and seeks to map out a strategy that will help his clients find closure and get back to business. He has unique experience handling non-routine matters, especially those involving the government's expanded use of its enforcement powers. Companies as well as high-profile individuals, public officials, and corporate executives trust Rich to view the issues from their perspective and guide them to a sound resolution. Where litigation cannot be avoided, clients benefit from Rich s experience as a courtroom advocate gained by trying more than twenty federal cases to verdict before juries throughout the United States. Education J.D., cum laude, Tulane University Law School, 1988 Board of Editors, Tulane Law Review B.A., University of the South, 1985 Bar Admissions Tennessee District of Columbia

2 Louisiana Maryland New Jersey Court Admissions United States Supreme Court U.S. Court of Appeals for the Fourth, Fifth and Ninth Circuits U.S. District Court, District of Columbia U.S. District Court, Eastern, Middle and Western Districts of Louisiana U.S. District Court, District of Maryland U.S. District Court, District of New Jersey U.S. District Court, Middle and Western Districts of Tennessee U.S. District Court, Eastern District of Texas Experience Healthcare Defended a cardiologist in a two week trial relating to the medical necessity of coronary artery stent procedures Represented physicians facing administrative investigations and threatened exclusion by the HHS, Office of Inspector General relating to alleged Anti-Kickback Act violations Conducted internal investigations and made voluntary disclosures for several hospitals in connection with improper physician arrangements and/or improper billing Represented a managed care organization in criminal and civil investigations into alleged denials of care Provided counsel to a nursing home operator in the first-ever criminal prosecution involving allegations of inadequate quality of care Represented a multi-state nursing home chain in parallel criminal and civil investigations into alleged quality of care issues Represented several hospital systems in connection with a nationwide investigation involving the propriety of inpatient hospital admissions Defended a pain management clinic in a month-long criminal trial alleging violations of the Controlled Substances Act Represented a physician practice group in criminal and civil investigations into alleged violations of the Anti-Kickback Act Advised healthcare providers in connection with HIPAA data breach issues and related notification and reporting obligations Assisted clients with compliance program evaluations and assessing compliance program effectiveness Tax Controversy Defended a business owner in an eight-week criminal tax evasion trial involving allegations of unreported income, improper treatment of employees as independent contractors, and illegal use of off-shore bank accounts

3 Represented an attorney in a criminal tax investigation relating to the POINT (Personally Optimized Investment Transaction) off shore tax shelter Counseled individuals on issues relating to undisclosed foreign financial accounts and assisted in making voluntary disclosures to the IRS and achieving FBAR compliance Represented numerous individuals in criminal tax matters being investigated the Criminal Investigation Division of the Internal Revenue Service, various U.S. Attorney's Offices and the Justice Department's Tax Division, including pre-indictment advocacy before the attorneys in the Criminal Section of the Tax Division Environmental Crimes Defended a chief engineer in an investigation and prosecution brought in connection with an alleged bypass of the vessel's oily water separator Defended employees of a large oil company in an investigation into natural gas flaring on a deep water production platform in the Gulf of Mexico Defended the plant manager of a petroleum refinery in a Clean Air Act investigation involving benzene emissions Defended a port manager in a Refuse Act investigation into scrap vessel disposal in navigable waters Represented the president of an environmental testing corporation in a criminal investigation of alleged violations of the Clean Water Act Congressional Investigations Served as lead counsel to a U.S. District Judge in impeachment proceedings before the U.S. House of Representatives Served as counsel to a health care company in connection with an investigation by the Senate Finance Committee Government and Internal Investigations Defended a corporate executive in a three-week criminal fraud trial involving charges of government contract fraud and taking kickbacks, and in related false claims act litigation Represented a witness in the investigation and trial of a former member of the U.S. House of Representatives involving bribery and violations of the Foreign Corrupt Practices Act Provided counsel to a major financial institution in an internal investigation it launched in response to allegations of possible employee misconduct Civil Enforcement and Asset Forfeiture Represented the former governor of Louisiana in civil forfeiture proceedings following the seizure of approximately $400,000 in cash from a safe deposit box Represented the former president of a managed care company in post-conviction forfeiture proceedings Represented an equities trader in an investigation by the Securities and Exchange Commission into allegations of improper timing of mutual fund trades Represented businesses in civil enforcement actions under the False Claims Act in cases involving healthcare, government programs, and government contracts

4 Professional Member, American Bar Association - Litigation, Health Law, Criminal Justice and Taxation Sections Member, American Health Lawyers Association Member, Federal Bar Association Member, Health Care Compliance Association Member, National Association of Criminal Defense Lawyers Prior Affiliations First Assistant U.S. Attorney, Eastern District of Louisiana Principal and Chair, Government Investigations and White Collar Defense Group, Ober Kaler, Washington, D.C. General Counsel, Peoples Health Network, New Orleans, Louisiana Assistant U.S. Attorney, Eastern District of Louisiana, New Orleans, Louisiana Special Assistant to the Assistant Attorney General, Tax Division, U.S. Department of Justice Trial Attorney, Criminal Section, Tax Division, U.S. Department of Justice Trial Attorney, Dallas Bank Fraud Task Force, U.S. Department of Justice Special Assistant U.S. Attorney, Eastern District of Virginia Community Member, Board of Trustees, St. Andrews-Sewanee School, Sewanee, Tenn. Up Close A teacher at heart, Rich is an avid reader, both fiction and non-fiction. He also enjoys hiking and spending time outdoors. Articles Rich Westling and JD Thomas Posts, "The Supreme Court Upholds the Implied Certification Theory of Liability in False Claims Act Cases, Raises New Questions" on Waller Healthcare Blog Richard Westling Post, "Justice Department Enforcement Efforts Continue to Focus on Home Health" on Waller Healthcare Blog Richard Westling Posts, "Deputy Attorney General Yates Elaborates on Individual Accountability for Corporate Wrongdoing " on Waller Healthcare Blog "Forecasting the Future of FCPA Enforcement: How Recent Setbacks Will Affect the Government's Approach to Foreign Bribery Prosecutions," Richard Westling, and William Athanas, Corporate Counsel

5 Bulletins CMS Proposes Regulation Implementing the ACA's 60-Day Overpayment Report and Return Provision Judge Acquits In-House Counsel of Obstruction Charges, Cites Need to Protect Attorney-Client Relationship Noted Healthcare/White Collar Defense Attorney Richard Westling Joins Waller Lansden Media Mentions "Are We Headed for Pre-Payment RAC Reviews", Richard Westling quoted in Bloomberg BNA "Senate Panel: Docs Owning Device Companies Have Conflict of Interest", Richard Westling quoted in Bloomberg BNA "Advisory Opinions: OIG Again Says No Sanctions for Proposed Medigap Discounts", Richard Westling quoted in Bloomberg BNA Richard Westling quoted in Law360 "Health Care Regulation to Watch in 2016" This Nashville law firm is beefing up its efforts to keep health care providers out of trouble, Patsy Powers and Richard Westling quoted in the Nashville Business Journal Richard Westling interviewed by FOX NEWS, "Government Threatens to Not Work With Forest Labs CEO" Richard Westling quoted in WSJ ONLINE, "U.S. Effort to Remove Drug CEO Jolts Firms" Events "Healthcare Fraud Update," Patricia O. Powers, Jennifer Weaver, and Richard W. Westling, Presenters at 2013 Healthcare Briefing Series "Compliance Issues through the Eyes of the Board of Directors," Patricia O. Powers and Richard W. Westling, Panelists at Directions in Healthcare 2012 "Healthcare Fraud Enforcement Update," Jennifer Weaver, Patricia O. Powers, and Richard Westling, Presenters at 2012 Healthcare Briefing Series "Investigations in the Life Sciences, Healthcare & Pharma Industries: Lessons Learned and their Applicability to Other Industries," Richard Westling, Panelist, ABA 4th Annual National Institute on Internal Corporate Investigations and Forum