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Healthcare Fraud Enforcement in a Second Trump Administration: Trends, Priorities, and Implications

By Mindy Sauter, Clint Narver, Michael Elliott, Garen S. Marshall, Justin Givens, Michael J. Podberesky & Rhea Shahane on May 30, 2025
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On May 12, 2025, the U.S. Department of Justice’s Criminal Division released a policy memorandum outlining its enforcement priorities for the upcoming year. The top priority for the division will be investigating and prosecuting white collar crimes related to waste, fraud and abuse — particularly healthcare fraud. This emphasis on prosecuting healthcare fraud reflects the administration’s broader goals of eliminating waste in federal programs, such as Medicare, Medicaid and TRICARE, and ensuring that taxpayer dollars are used efficiently and effectively.

Read on to learn more about the DOJ’s enforcement priorities and what proactive measures healthcare companies and providers should consider.

Photo of Mindy Sauter Mindy Sauter

Mindy boasts an extensive and distinguished career as a trial attorney, having honed her skills at the state level as a county prosecutor and at the federal level as an assistant U.S. attorney. With a wealth of experience spanning numerous high-stakes trials, her…

Mindy boasts an extensive and distinguished career as a trial attorney, having honed her skills at the state level as a county prosecutor and at the federal level as an assistant U.S. attorney. With a wealth of experience spanning numerous high-stakes trials, her legal acumen and courtroom prowess have earned her widespread recognition. Mindy is a co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group.

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Photo of Michael Elliott Michael Elliott

Drawing on his experience as a high-ranking prosecutor of healthcare fraud cases, Michael offers strategic counsel to healthcare providers, hospitals, durable medical equipment suppliers, pharmacies and other healthcare entities, and defends executives and corporations in white-collar criminal matters. Michael, co-leader of McGuireWoods’ Healthcare…

Drawing on his experience as a high-ranking prosecutor of healthcare fraud cases, Michael offers strategic counsel to healthcare providers, hospitals, durable medical equipment suppliers, pharmacies and other healthcare entities, and defends executives and corporations in white-collar criminal matters. Michael, co-leader of McGuireWoods’ Healthcare & Life Sciences Industry Team, served as an Assistant United States Attorney in the Northern and Southern Districts of Texas, where he was a criminal healthcare fraud coordinator and lead attorney for the Medicare Fraud Strike Force in North Texas. He directed healthcare investigations across the nation, collaborating extensively with state and federal enforcement agencies. His tenure involved close collaboration with the Civil Division of the Department of Justice, particularly in assessing qui tam (whistleblower) cases against various healthcare providers.

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Photo of Garen S. Marshall Garen S. Marshall

Garen Marshall is a partner in McGuireWoods’ Government Investigations and White Collar Litigation Department and leads the firm’s Artificial Intelligence Practice Area. A former Assistant United States Attorney in the Eastern District of New York and Navy special operations veteran, he represents corporations…

Garen Marshall is a partner in McGuireWoods’ Government Investigations and White Collar Litigation Department and leads the firm’s Artificial Intelligence Practice Area. A former Assistant United States Attorney in the Eastern District of New York and Navy special operations veteran, he represents corporations, executives, and boards in government and internal investigations, regulatory enforcement matters, and complex civil litigation, with a practice that extends to AI governance, AI-related enforcement and litigation risk, and corporate compliance issues involving artificial intelligence.

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Photo of Justin Givens Justin Givens

Justin Givens is a former federal prosecutor and seasoned trial lawyer in the firm’s Government Investigations and White Collar Litigation Department. With over a decade of experience, he counsels corporations, financial institutions, and senior executives through their highest-stakes criminal, regulatory, and civil matters—particularly…

Justin Givens is a former federal prosecutor and seasoned trial lawyer in the firm’s Government Investigations and White Collar Litigation Department. With over a decade of experience, he counsels corporations, financial institutions, and senior executives through their highest-stakes criminal, regulatory, and civil matters—particularly when legal exposure intersects with reputational risk.

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Photo of Michael J. Podberesky Michael J. Podberesky

Michael Podberesky, a former federal prosecutor in the U.S. Department of Justice’s Civil Fraud Section, is a partner in the firm’s nationally recognized Government Investigations and White Collar Litigation Department and co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group. Employing his…

Michael Podberesky, a former federal prosecutor in the U.S. Department of Justice’s Civil Fraud Section, is a partner in the firm’s nationally recognized Government Investigations and White Collar Litigation Department and co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group. Employing his extensive experience with False Claims Act cases in the healthcare and defense sectors, Michael represents clients confronting high-stakes government investigations and litigation arising from allegations of healthcare and procurement fraud and also counsels clients regarding compliance issues.

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Photo of Rhea Shahane Rhea Shahane

Rhea represents international companies and individual clients in a wide range of complex litigation matters, with a focus on government and internal investigations. Rhea also represents financial services clients in complex securities matters, focusing on regulatory investigations, enforcement actions, and internal investigations.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    The FCA Insider
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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