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The self-regulation of congressional ethics: substance and structure

Article Abstract:

Congress's regulation of its members' ethics could be improved by adopting self-regulatory and disciplinary methods used by attorneys in the general legal community. Congressional ethics rules revisions or enforcement proceedings could benefit from outside input, which would help to address the public's negative perception of self-regulation. Disclosure of behavior is often the most effective sanction available. Codification of rules, additional support staff, and other recommended changes must be accompanied by a recognition of the special disclosure aspects involved.

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Reforming congressional ethics procedures: lessons from the attorney disciplinary process

Article Abstract:

Congressional ethics investigations and enforcement procedures should be gradually reformed and improved by studying the principles guiding attorneys' disciplinary cases and methods. Congress, particularly the Senate, could become more efficient by developing a bifurcated disciplinary system, establishing ways to filter improper complaints, and simplifying the charging process. The House's statute of limitations periods should be eliminated and the Senate should not adopt one. The constitutional rights of witnesses and those under investigation should be respected.

Governmental investigations, Government investigations

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Double jeopardy and the civil monetary penalties dilemma: is Hudson the cure for health care fraud and abuse?

Article Abstract:

The Supreme Court ruled in Hudson v. US that the Double Jeopardy Clause does not bar imposing civil penalties followed by criminal prosecution for the same conduct. The Court thus overruled US v. Halper which produced the opposite holding. Hudson is important because it empowers the Health & Human Services Department to exact monetary damages from health care providers for Medicare and Medicaid fraud even if they are later prosecuted for the same fraud.

United States, Remedies, Medicaid fraud, Medicare fraud, Double jeopardy

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