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Email On July 27, 2012, in the closely watched case of Michael Friedman, et al. v. Kathleen Sebelius, et al., the United States Court of Appeals for the D.C. Circuit held that pharmaceutical corporate executives found guilty of misdemeanor "misbranding" under the "responsible corporate officer doctrine" ("RCO doctrine") had committed a "misdemeanor relating to fraud" pursuant to 42 U.S.C. § 1320a-7(b)(1), thereby subjecting them to exclusion from Federal health care programs. As described further below, before the D.C. Circuit, the executives argued that misdemeanor misbranding did not relate to fraud because, among other reasons, they were convicted under the RCO doctrine, which is a strict liability offense that does not require proof of intent. https://www.cadwalader.com/resources/clients-friends-memos/us-court-of-appeals-for-dc-circuit-affirms-exclusion-from-federal-health-care-programs-under-responsible-corporate-officer-doctrine