White Papers

Cohen & Foster regularly publish articles of interest on a variety of current topics. Please follow the links below to retrieve and read an article. Remember, you will need Adobe PDF Reader to view these files, it is available as a free download here.

A Sub-Prime Tango

An interesting take on the current sub-prime mortgage crisis in America.
Originally published in DEFENDER, the Florida Association of Criminal Defense Lawyers (FACDL) Winter 2009 issue.

By Todd Foster, Esq.

One Strike and You’re Out
The Impact of U.S. v. Marion on Third Party Rights in Federal Forfeiture Proceedings
On March 26, 2009 the Eleventh Circuit interpreted key terms in 21 USC 853(n) and Fed. R. Crim. Pro. 32.2. This Statue and Rule are one of the numerous methods the United States Government has to forfeit property of those charged with federal crimes.  This interpretation means that banks, lenders, co-owners or other third parties holding liens or otherwise claiming an interest in forfeited property have one narrow and procedurally challenging chance to preserve their interest or face having it extinguished forever.
By Todd Foster, Esq.

By Karen E. Ell, Esq. & Kevin J. Darken, Esq.

You may uncover instances of Medicare or Medicaid fraud in your medical malpractice presuit investigations. But how can you and your client make money from that, in addition to recovering for the malpractice? The answer is to bring an action on behalf of the United States under the False Claims Act, 31 U.S.C. §3729 et seq., or on behalf of the State of Florida under the Florida False Claims Act, F.S.§68.082 et seq.

Defending Unlicensed Practice of Medicine and Unlicensed Practice of Health Care Professions Prosecutions

By Kevin J. Darken, Esq.

Increasingly, Florida Department of Health investigators are bringing criminal charges against electrologists and cosmetologists for unlicensed practice of medicine or unlicensed practice of health care professions for such conduct as performing laser hair removal without a physician being present, removing skin tags, or performing laser tattoo removal without a physician being present.

False Claims Act Amendments Expand Anti-Retaliation Protections for Whistleblowers and Potential Liability for Government Contractors and Health Care Providers

By Kevin J. Darken, Esq.

The False Claims Act (FCA), a key source of protection for government contractor whistleblowers, was amended by the Fraud Enforcement and Recovery Act of 2009. This article summarizes major changes made to the False Claims Act to expand both its anti-retaliation provisions and the potential liability of government contractors and health care providers.