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ELLEN H. PERSONS

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she / her / hers

epersons@polsinelli.com
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Atlanta: 404.253.6048


 * Biography
 * Matters
 * News
 * Publications



As a former Assistant U.S. Attorney, Ellen uses her experience to help clients
navigate the complexities of government investigations. She represents corporate
and individual clients in civil and criminal investigations by the Department of
Justice, regulatory investigations and enforcement actions by the SEC and other
federal and state agencies. Ellen focuses her practice on defending clients
against allegations of fraud including matters involving the False Claims Act,
the Anti-Kickback Statute, health care fraud, anti-trust violations and
securities fraud. She has represented clients in the health care, automotive,
government contracting, education, banking and manufacturing industries. Ellen
also has experience defending companies in complex litigation matters.

Ellen also conducts internal investigations on behalf of companies and counsels
them on remedial actions and disclosure decisions.

Ellen previously served as an Assistant U.S. Attorney in the Civil Division of
the U.S. Attorney’s Office for the Northern District of Georgia. While there she
investigated and prosecuted financial fraud against the federal government in
the areas of health care, government contracting, education and the mortgage
industry. Ellen also defended the United States against civil claims in numerous
contexts.


EDUCATION

 * University of Virginia (B.A., 2005)
   * American Government
 * University of Georgia School of Law (J.D., cum laude, 2008)
   * Moot Court


BAR ADMISSION

 * Georgia, 2008


COURT ADMISSIONS

 * U.S. Court of Appeals, Eleventh Circuit
 * U.S. District Court, Northern District of Georgia


PROFESSIONAL AFFILIATIONS

 * Northern District of Georgia's Committee on Discipline
 * Georgia Bar Association, 2008-present
 * Women's White Collar Defense Association, Member 
 * American Bar Association, White Collar Crime Committee
 * The Atlanta Lawyers Club
 * American Health Lawyers Association
 * Lumpkin Inn of Court Barrister
    


RECOGNITION

 * Selected for inclusion in The Best Lawyers in America® for Criminal Defense:
   White-Collar, 2023
 * Named "Local Litigation Star" by Benchmark Litigation, 2021
 * Named "Future Star" by Benchmark Litigation, 2022-2023

Publications
All Publications
President Biden Extends Statute of Limitations for PPP and EIDL Fraud to Ten
Years
In August, President Biden signed two bills into law that give the Department of
Justice and other federal agencies more time to investigate and prosecute
Paycheck Protection Program (“PPP”) and COVID-19 Economic Injury Disaster Loan
(“EIDL”) cases. H.R. 7352, the “PPP and Bank Fraud Enforcement Harmonization Act
of 2022” and H.R. 7334, the “COVID-19 EIDL Fraud Statute of Limitations Act of
2022” extend the statute of limitations for fraud charges involving PPP and EIDL
fraud to ten years. Previously, the statute of limitations for these offenses
was limited to five years, except in the case of federal bank fraud where the
statute of limitations is also ten years. Both bills passed with bipartisan
support from Congress and clearly signal that
Read More
The Department of Justice Continues Its Intense Scrutiny of the Clinical
Laboratory Industry
Although laboratory testing is essential for the proper treatment of patients,
these tests are also often expensive. 
Read More


CAPABILITIES

 * False Claims Act Defense
 * Government Investigations
 * Health Care Litigation
 * Internal Investigations
 * Litigation
 * Commercial Litigation

Firm Highlights
Slide 1 of 8
 * Publications
   President Biden Extends Statute of Limitations for PPP and EIDL Fraud to Ten
   Years
   In August, President Biden signed two bills into law that give the Department
   of Justice and other federal agencies more time to investigate and prosecute
   Paycheck Protection Program (“PPP”) and COVID-19 Economic Injury Disaster
   Loan (“EIDL”) cases. H.R. 7352, the “PPP and Bank Fraud Enforcement
   Harmonization Act of 2022” and H.R. 7334, the “COVID-19 EIDL Fraud Statute of
   Limitations Act of 2022” extend the statute of limitations for fraud charges
   involving PPP and EIDL fraud to ten years. Previously, the statute of
   limitations for these offenses was limited to five years, except in the case
   of federal bank fraud where the statute of limitations is also ten years.
   Both bills passed with bipartisan support from Congress and clearly signal
   that
   Read more
 * Events
   PPP/EIDL Loans and Why the Government May Still Come Knocking
   Your invitation to join Polsinelli for a timely webinar exploring the latest
   CARES Act audit and enforcement efforts by the federal government, including
   an overview of the most recent Paycheck Protection Program, Economic Injury
   Disaster Loan and Provider Relief Fund cases initiated by the Department of
   Justice, Small Business Administration and other government agencies. We will
   cover issues that could affect even those companies that have already
   received loan forgiveness as well as potential successor liability for
   organizations. Most importantly, we will provide compliance guidance on what
   to do now before the government comes knocking. Agenda Overview of the SBA
   audit process Effects of the PPP and Bank Fraud Enforcement Harmonization Act
   and the COVID-19 EIDL Fraud Statute of Limitations Act Overview of the
   Read more
 * Publications
   False Claims Act Recoveries During 2021
   On February 1, 2022, the United States Department of Justice (DOJ) announced
   that it had recovered $5.6 billion from False Claims Act (FCA) Cases during
   fiscal year 2021. Each year, the DOJ publishes statistics about its
   recoveries under the FCA and the number of new FCA matters that were filed
   during the prior year. These FCA statistics provide useful information and
   offer a window in the DOJ’s enforcement activity and its reliance on private
   whistleblowers (often called “relators”) who bring FCA cases forward and help
   the DOJ recover significant sums of money. The relatively low $2.2 billion in
   FCA recoveries from 2020 did not accurately reflect on the otherwise strong
   year of enforcement by the DOJ. The timeframe used to compile
   Read more
 * Publications
   Another Wave of Criminal Charges Brought in COVID-Related Fraud
   The Department of Justice and the US Attorney offices around the country are
   continuing to be in hot pursuit of cases of fraud related to the COVID-19
   pandemic. On April 20, 2022, the Department of Justice announced a new round
   of criminal charges against 21 defendants in nine federal districts across
   the United States for their alleged participation in various health
   care-related fraud schemes related to the COVID-19 pandemic resulting in over
   $149 million in false billings. Newly appointed Director for COVID-19 Fraud
   Enforcement, Kevin Chambers, announced these charges, noting the “scale and
   complexity” of the schemes and the vast interagency effort to prosecute
   them.  In the two years since the pandemic began, over 1,000 defendants have
   been criminally charged with alleged losses
   Read more
 * Publications
   The Department of Justice Continues Its Intense Scrutiny of the Clinical
   Laboratory Industry
   Although laboratory testing is essential for the proper treatment of
   patients, these tests are also often expensive. 
   Read more
 * Publications
   DOJ’s New Settlement Policy Demonstrates Increased Focus on Robust Compliance
   Programs
   On Wednesday, Assistant Chief of DOJ Fraud Section’s Corporate Enforcement,
   Compliance, and Policy Unit, Lauren Kootman, confirmed the Department’s new
   policy of having chief compliance officers certify settlement agreements with
   the DOJ. These certifications will “most likely” be a part of every new
   agreement with the Department going forward. Under this new policy, both CCOs
   and CEOs will be required to certify that a company’s compliance programs are
   “reasonably designed” to prevent future violations of the law. The first such
   certification was incorporated into the Department’s $1.1 billion settlement
   with mining giant Glencore in May, following its guilty plea to U.S. bribery
   and market manipulation charges. Kootman defended the policy as not intended
   to subject CCOs to additional liability, but rather, to
   Read more
 * Publications
   DOJ Faces Two Strikeouts in First Health Care Wage-Fixing and “No Poach”
   Prosecutions
   On April 14, 2022, a Texas jury returned five not-guilty verdicts on six
   charges considered in the first federal criminal wage-fixing prosecution. A
   day later, on April 15, 2022, a Colorado federal jury entirely acquitted
   DaVita, Inc. and its former chief executive on all counts of conspiring with
   other companies to suppress competition in the market for employees. These
   results mark early losses in the Department of Justice’s new efforts to put
   health care executives behind bars in the hopes of deterring illegal
   wage-fixing and “no poach” agreements, but will this slow down the Department
   of Justice’s criminal prosecution of these types of agreements? The
   Department of Justice has spent more than five years preparing for the
   current wave of trials
   Read more
 * Publications
   False Claims Act Recoveries During 2021
   On February 1, 2022, the United States Department of Justice (DOJ) announced
   that it had recovered $5.6 billion from False Claims Act (FCA) Cases during
   fiscal year 2021. Each year, the DOJ publishes statistics about its
   recoveries under the FCA and the number of new FCA matters that were filed
   during the prior year. These FCA statistics provide useful information and
   offer a window in the DOJ’s enforcement activity and its reliance on private
   whistleblowers (often called “relators”) who bring FCA cases forward and help
   the DOJ recover significant sums of money. The relatively low $2.2 billion in
   FCA recoveries from 2020 did not accurately reflect on the otherwise strong
   year of enforcement by the DOJ. The timeframe used to compile
   Read more




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