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Is Clay v. United States, argued on October 2 in the 11th Circuit, a case study of overcriminalization and abusive federal prosecution? The case raises basic notions of due process, fair notice, the rule of lenity, mens rea, and actus reus. What began as a highly publicized raid by some 200 FBI agents on a Florida health care company over an accounting dispute of how to interpret a provision in Florida’s Medicaid reimbursement statute with no clarifying administrative regulations, led to the indictment, conviction, and prison sentences for the company’s top executives for fraud, including its CEO Todd Farha. This case is particularly important for all regulated industries, where there are numerous and ambiguous laws and complex regulations governing conduct subject to administrative, civil, and criminal enforcement.


  • Paul D. Kamenar, Senior Fellow, Administrative Conference of the United States
  • John J. Park, Jr., Of Counsel, Strickland Brockington Lewis LLP