These are situations in which the legal risk has already occurred but the client
is not aware of the problem. This is what happened with Medicare/Medicaid
fraud and antikickback prosecutions. The law was on the books for many years
before the began enforcement. Many medical care institutions and
practitioners were involved with questionable practices that were going on for
years, which suddenly posed significant legal risks. Detecting such problems is
important, even if the client does not want to hear the bad news, because the
client’s failure to comply will be detected and penalized eventually.