The former U.S. attorney for the Eastern District of Missouri and speaker of the Missouri House of Representatives, Catherine has significant experience litigating complex civil and white collar criminal cases and representing clients in regulatory challenges. During her tenure in the Missouri House and for the five years she served on U.S. Sen. Kit Bond's staff, she worked on healthcare law policy.
As U.S. attorney for the Eastern District of Missouri, Catherine supervised criminal, affirmative and defensive civil healthcare cases, and she personally tried cases to jury verdicts and supervised more than 4,000 cases and a staff of more than 100. Data mining and audits emerged as critical investigative techniques during Catherine's term as U.S. attorney. A vital function of the U.S. Attorney's Office is to defend doctors, hospitals and clinics funded by the U.S. government against civil claims. Catherine supervised and assisted in the development of cutting-edge theories of criminal prosecution of healthcare providers who were under-serving their patients.
Catherine led a top-to-bottom review and enhancement of the compliance program of one the world's leading medical device manufacturers. The chief executive officer called the recommended changes to operations 'transformational.' Every aspect of the compliance program was examined, including clinical trials, sales, marketing and investigations policies, procedures and implementation. Training was assessed for effectiveness, an annual needs assessment was created for all functions and a Foreign Corrupt Practices Act compliance manual was written. The project lasted for 18 months, began immediately after a significant combination with a competitor and included regular reports to the chief executive officer, general counsel, chief financial officer and chief compliance officer.
Working regularly on all aspects of whistleblower investigations, Catherine drafts investigations policies, conducts internal investigations and makes presentations to U.S. Attorney's Offices. Since joining private practice, she has persuaded a U.S. Attorney's Office to decline to intervene in a Stark Act whistleblower case involving referrals among privately run in-patient facilities.
In conjunction with the Department of Health and Human Services Office of Inspector General, the Centers for Medicare and Medicaid Services, the FBI and other agencies, the U.S. Attorney's Office, under Catherine's leadership, pursued claims of violations of the False Claims Act, anti-kickback statutes and the Stark Act.
•In the wake of a merger of two major medical device manufacturers, assisted the company in analyzing compliance risks associated with the federal food and drug act, False Claims Act and anti-kickback statutes. Wrote policies for conducting investigations and a manual for Foreign Corrupt Practices Act policies and procedures. Also conducted extensive interviews of national sales team and made recommendations to prevent off-label marketing.
•Achieved favorable results in prosecution of nursing home operators for False Claims based on the theory that the care they were providing was so de minimis as to constitute no care at all.
•After the Missouri Public Service Commission staff had recommended a criminal referral of the individual officers of a telecommunications company, persuaded the commission that no referral should be made.
•Counseled a 'Big Four' accounting firm during a crisis that began when the receiver for a bankrupt former client questioned the auditor's statement of certain financial transactions. Advised on potential criminal exposure, regulatory scrutiny and shareholder communications.
•Represented industrial users of power in opposing the first-ever hostile takeover in the public utilities industry before the Missouri Public Service Commission and the Kansas Corporation Commission.
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