J. Scott Newton, a shareholder in the Firm’s Jackson and Washington, D.C. offices, has more than 25 years of experience investigating, prosecuting or defending federal criminal and civil allegations and violations as a Special Agent with the Federal Bureau of Investigation, an Assistant United States Attorney and private practice attorney.
Mr. Newton concentrates his practice on government investigations and litigation, primarily focusing on health care fraud, white collar crime, internal corporate investigations, and working as an Independent Review Organization. He has extensive jury and bench trial experience in cases including the prosecution of white collar crime, murder/manslaughter and other criminal and civil matters.
Publically-traded companies, those with global operations, and companies ranked in the Fortune 1000 rely on Mr. Newton’s wealth of experience navigating complex defense proceedings involving white collar crime, internal corporate investigations, and parallel criminal/civil health care fraud cases.
Mr. Newton defended or is defending the world’s leading financial services company, the oldest and largest health care company in the country, the largest American managed care company, the world’s leading health care IT company, the largest military shipbuilding company in the country, a 1,300 physician-owned Medicare Advantage HMO, and a publicly-traded pharmacy chain among others.
Mr. Newton currently serves as the Independent Review Organization (similar to a monitor) for the ninth largest public health system in the country. He regularly conducts complex internal corporate investigations, sometimes making referrals of employee misconduct for federal prosecution.
Mr. Newton has represented clients across the spectrum of health care providers against False Claims Act (FCA) and its qui tam provisions, Anti-Kickback Statute (AKS), Stark and other allegations, including hospital systems, health maintenance organizations, pharmaceutical manufacturers and distributors, physician practices, nursing homes, and pharmacies.
Mr. Newton has two decades of experience handling what is considered to be the most complex of litigation matters, parallel criminal-civil FCA prosecutions. He prepares and negotiates compliance programs, addresses other remedial administrative measures and has experience assisting with transactional due diligence.
He regularly responds to grand jury investigations, including leading responsive internal investigations, addressing search warrants, subpoenas, seizure of assets, preparing witness testimony, the production of records, leading litigation, trying cases, negotiating settlements and/or pleas.
Mr. Newton serves as an Adjunct Professor of Law, teaching White Collar Crime and Health Care Fraud classes. He has spoken across the country about conducting, prosecuting, responding to and/or defending government investigations and has served as an expert witness in health care fraud litigation.
EDUCATION:
- University of Mississippi School of Law, J.D., 1990
- University of Mississippi, B.A., 1987
ADMISSIONS:
- Mississippi, 1991
- Texas, 2011
- Utah, 2013
Representative Matters:
- Defended a 1,300 physician-owned Medicare Advantage HMO in parallel criminal and civil investigations in which the United States alleged a significant failure to provide care to Medicare members. After a several year investigation, the criminal and civil matters against the client were closed without action.
- Conducted complex internal investigations for one of the largest defense contractors in the world under $19 billion and $2.2 billion contracts.
- Conducted an estimated $260 million internal investigation regarding mortgage fraud for a global publicly-held financial services company and its subsidiaries, resulting in the filing of a Suspicious Activity Report and employee terminations.
- Defended the largest distributor of pharmaceuticals and oldest and largest health care company in the country in litigation brought by the Mississippi Attorney General and its associated plaintiff’s counsel alleging a complex fraudulent Medicaid pricing scheme.
- Successfully defended a publicly-held company accused of making illegal PAC contributions to United States Congressman and Speaker of the House Tom DeLay.
Professional Honors & Activities:
- Adjunct Professor of Health Care Fraud – Mississippi College School of Law (2012 – present)
- Special Prosecutor Pro Tempore – Hinds County District Attorney’s Office (2008 – present)
- Judicial Advisory Study Committee (appointed and reappointed by Mississippi Supreme Court Chief Justice William L. Waller, Jr.) (2009 – 2018)
- U.S. Department of Health and Human Services Inspector General’s “Integrity Awards” (2000, 2002)
- Member – American Health Lawyers Association
- Recipient – Baker Donelson Jackson Pro Bono Attorney of the Year for Hurricane Katrina work (2007)
Cost
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