Arent Fox’s Jennifer Fischer was quoted in the Modern Healthcare article, “Doctors of Interest, Recipients of suspect drug-company payments drawing attention of federal fraud enforcers.” The article states:

Jennifer Fischer, an associate attorney with Arent Fox in Washington, said jurisdictional issues pose a barrier to such cases. The FCPA applies to corruption of government officials, but prosecutors can use it to include doctor-bribery in countries that have government-run healthcare systems.

“The physicians that are receiving the payments or remunerations are usually employed by healthcare facilities in other countries, so they don’t come under US jurisdiction,” Fischer said. “Even assuming the government wanted to go after the physicians — which it’s not clear that they do, considering that they don’t do much in the Anti-Kickback realm — they couldn’t.”

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