The DOJ Declination Sends a Clear Message That Voluntary Self-Disclosures Can Change the Outcome of a Criminal Investigation
On July 29, 2026, the Department of Justice (DOJ) announced that it had resolved a criminal health care fraud investigation involving Campus Eye Management Holdings LLC and its wholly owned subsidiary, Campus Eye Management LLC, a management services organization that provided billing and other administrative services to an optometry practice and ambulatory surgery center. According to the DOJ, the underlying conduct involved alleged schemes to bill Medicare and other insurers for duplicative or medically unnecessary diagnostic eye tests and to pay kickbacks for patient referrals.
The DOJ declined prosecution under its new Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy after the company disclosed alleged misconduct, cooperated with investigators, improved its compliance program, and agreed to repay $1 million to victims. At the same time, the DOJ announced criminal charges against an individual executive alleged to have orchestrated unnecessary diagnostic testing and kickback schemes tied to Medicare billing. This is the first prosecution declination involving a health care company under the DOJ’s Corporate Enforcement Policy, which was announced earlier in 2026.
The case offers an early example of how the DOJ’s Corporate Enforcement Policy may operate in the health care fraud context, particularly when a company can demonstrate timely disclosure, proactive cooperation, remediation, and victim compensation. The announcement is significant because it shows that the DOJ intends to reward companies that promptly identify misconduct and take credible corrective action. It also makes clear that a company’s cooperation does not shield individuals from prosecution when prosecutors believe executives personally drove fraudulent conduct. The DOJ’s approach is designed to encourage companies to come forward while preserving the government’s ability to pursue individuals alleged to have participated personally in fraud or kickback schemes.
For compliance officers, the key takeaway is that a compliance program is most valuable when it enables leadership to identify problems before the government does. The announcement underscores the importance of systems that can detect potential misconduct early, escalate concerns promptly, and document corrective action. It also reinforces the need to evaluate high-risk arrangements involving referrals, diagnostic testing, physician compensation, consulting agreements, and Medicare billing. Companies that wait until the government uncovers misconduct may lose the opportunity to benefit from the DOJ’s self-disclosure framework. By contrast, companies that act quickly—by investigating, remediating, cooperating, and compensating victims—may be better positioned to avoid criminal prosecution, even when the underlying conduct is serious.
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