Richard W. Westling

Significant Litigation

• Defended a highly regarded interventional cardiologist in a two-week health care fraud trial relating to the medical necessity of coronary artery stent procedures.
• Defended a pain management clinic in a month-long criminal trial alleging violations of the Controlled Substances Act.
• 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.
• 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 the illegal use of off-shore bank accounts.

Health Care

• Represented various health care businesses in civil enforcement litigation under the False Claims Act.
• Represented physicians facing administrative investigations and threatened exclusion by the Office of Inspector General, relating to alleged Anti-Kickback Statute 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.
• Defended a multistate 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 admissions.
• Represented a physician practice group in criminal and civil investigations into alleged violations of the Anti-Kickback Statute.
• Advised health care providers in connection with HIPAA data breach issues and related notification and reporting obligations.

Tax Controversy

• 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 Internal Revenue Service (IRS) and achieving Foreign Bank Account Report (FBAR) compliance.
• Represented numerous individuals in criminal tax matters being investigated by the Criminal Investigation Division of the IRS, various U.S. Attorney's Offices, and the DOJ’s Tax Division; such representation included 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 a 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.
• Represented the president of an environmental testing corporation in a criminal investigation of alleged violations of the Clean Water Act.

Government and Congressional Investigations

• 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.
• 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.
• Represented an equities trader in an investigation by the SEC into allegations of improper timing of mutual fund trades.

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.
• Handled the forfeiture proceedings arising from criminal prosecutions relating to health care fraud, public corruption, money laundering, and other white collar offenses.