The Resurgence of the Park Doctrine and the Collateral Consequences of Exclusion, in the Journal of Health & Life Sciences LawJune 26, 2013
George B. Breen, a Shareholder and Member of the Firm in the Health Care and Life Sciences practice, and Jonah D. Retzinger, an Associate in the Health Care and Life Sciences practice, wrote an article titled "The Resurgence of the Park Doctrine and the Collateral Consequences of Exclusion," published in the Journal of Health & Life Sciences Law. Both attorneys are based in the Washington, DC, office.
Following is the article Abstract:
Over the past several years, law enforcement has signaled an intent to ensure greater individual accountability in preventing fraud and abuse of federal healthcare programs. One of the ways the government is attempting to ensure this individual accountability is through the Park Doctrine, under which a corporate executive may be convicted of a misdemeanor offense if that executive is or was in a position of authority to prevent or correct a violation of the Food, Drug, and Cosmetic Act. Although these misdemeanor convictions directly result in small penalties, their ramifications are quite severe. A corporate executive convicted of a Park Doctrine misdemeanor offense may be excluded from participating in federal healthcare programs for significant periods of time—in essence, a career-ending punishment. This Comment reflects on the constitutionality of these collateral exclusions and offers thoughts regarding the challenges that a corporate executive might pursue when facing the possibility of a misdemeanor charge under the Park Doctrine.
NOTE: The authors gratefully acknowledge the substantial contributions of Marshall Jackson, a law clerk in the Health Care and Life Sciences practice of Epstein Becker Green, in the firm's Washington, DC, office.