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False Claims Act (FCA) Qui Tam Fraud

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter - October 2024

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Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more

Bradley Arant Boult Cummings LLP

Federal District Court in Florida Holds FCA’s Qui Tam Provisions Unconstitutional

Mandatory disclosure obligations significantly changed for federal grant recipients, sub-recipients, and applicants on October 1, 2024. The amended federal regulation establishing these mandatory disclosures (2 C.F.R. §...more

Kohn, Kohn & Colapinto LLP

Unitary Executive Theory Surfaces in Court: District Court Rules Qui Tam Provisions of the False Claims Act Unconstitutional

On September 30, 2024, the United States District Court for the Middle District of Florida ruled that filing claims on behalf of the government under qui tam provisions of the False Claims Act (FCA) is unconstitutional in...more

Stevens & Lee

After the Whistle: Constitutional Challenges to Qui Tam Actions

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Whenever there is a pot of money up for grabs, people will inevitably want more than their fair share. And when that money is doled out through government contracts, opportunities for fraud abound. The government can...more

A&O Shearman

Florida District Court Holds FCA’s Qui Tam Provision Unconstitutional

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A groundbreaking decision out of the United States District Court for the Middle District of Florida, if affirmed and adopted by higher courts, could impact the ability of private citizens to file suit against those...more

Smith Gambrell Russell

Federal Court Finds Qui Tam Provision of False Claims Act Unconstitutional

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The False Claims Act (“FCA”) imposes civil and criminal liability on parties that knowingly present or cause to be presented a false or fraudulent “claim” to the government. Enacted during Reconstruction in 1863, the scope of...more

Proskauer - Health Care Law Brief

Relator, No More?  Florida Federal Court Declares Qui Tam Provisions of False Claims Act Unconstitutional, with Potentially Broad...

On September 30, 2024, the U.S. District Court for the Middle District of Florida issued an order dismissing a qui tam case under the False Claims Act (“FCA”) and holding the relator provisions of the FCA to be...more

Parker Poe Adams & Bernstein LLP

Florida Court Ruling on False Claim Act Deems Complaints By Private Whistleblowers as Unconstitutional

A valuable tool in filing whistleblower claims against companies related to government fraud took a potentially major hit this week when a federal judge in Florida ruled that a significant portion of the statutory scheme...more

Foley Hoag LLP - White Collar Law &...

District Court Declares FCA Qui Tam Provision Unconstitutional

On September 30, 2024, in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn Mizelle in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the...more

Schwabe, Williamson & Wyatt PC

Florida Court Upsets Qui Tam Balance in Landmark FCA Ruling

The False Claims Act (FCA), 31 U.S.C. § 3729, prohibits federal contractors and others from defrauding the government through the submission of false claims that cause the government to pay too much or receive too little. The...more

Bradley Arant Boult Cummings LLP

11th Circuit Considers Blog Posts to be News Media for Purposes of FCA’s Public Disclosure Bar

In August, the 11th Circuit affirmed the district court’s decision to dismiss relator Bruce Jacobs’ qui tam action against JPMorgan Chase Bank (“JP Morgan”), and in doing so, held that blog posts constitute “news media” for...more

Epstein Becker & Green

United States’ Complaint-in-Intervention Highlights Continuing Effort to Use the False Claims Act to Pursue Alleged Cybersecurity...

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In August, the United States filed a Complaint-in-Intervention in a False Claims Act (FCA) whistleblower suit alleging that the Georgia Institute of Technology (“Georgia Tech”) and an affiliate, Georgia Tech Research Corp....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Whistleblower Update: SEC, DOJ Still Focusing on Employment Agreements and Written Policies, Off-Channel Communications

The U.S. Securities and Exchange Commission (SEC) brought more actions targeting regulated entities for recordkeeping violations related to employees using noncompany communications platforms, and both the SEC and the U.S....more

Alston & Bird

Justice Department Intervention in Cyber False Claims Act Case Signals Escalation of Risk for Government Contractors

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An unprecedented cyber qui tam action involving Georgia Tech’s alleged failure to comply with certain cybersecurity controls underscores the importance of having advanced cyber requirements for federal contractors. Our...more

Holland & Knight LLP

DOJ Brings Suit Against University Under Its Civil Cyber-Fraud Initiative

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Late last week, the U.S. Department of Justice (DOJ) filed its complaint-in-intervention in a qui tam lawsuit against the Georgia Institute of Technology (Georgia Tech), alleging that the university failed to meet certain...more

Oberheiden P.C.

A Guide to Qui Tam Lawsuits for Whistleblowers

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One avenue for whistleblowers to take to report fraud against the government is to file a qui tam lawsuit under the federal False Claims Act. These lawsuits are complex because they have not two, but three parties to them –...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - July 2024

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Kohn, Kohn & Colapinto LLP

Defense Contracting, Cybersecurity and COVID: Major Qui Tam Settlements from June 2024

In June, the U.S. Department of Justice (DOJ) announced several major False Claims Act (FCA) settlements stemming from qui tam whistleblower lawsuits. Under the FCA’s qui tam provisions, whistleblowers have the power to...more

Arnall Golden Gregory LLP

Wave of the Future: Are AI and Data Mining the Next Generation of “Professional Whistleblowers”?

In the realm of False Claims Act (“FCA”) litigation, the emergence of artificial intelligence (“AI”) and data mining technologies has introduced both opportunities and complexities for defense strategies. Historically, qui...more

Sheppard Mullin Richter & Hampton LLP

Latest Cyber-Related FCA Settlement Underscores the Breadth of DOJ’s Civil Cyber-Fraud Focus

On June 17, 2024, the Department of Justice (“DOJ”) announced the latest settlement under its Civil Cyber-Fraud Initiative (“CCFI”)... The settlement resulted in a total of $11,300,000 in payments from two consulting...more

Troutman Pepper

FCA Uncovered: Mitigating Risk in the Regulatory Spotlight — Regulatory Oversight Podcast

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In the latest episode of Regulatory Oversight, Troutman Pepper Partner Amy Williams welcomes Jenelle Beavers and Rob Sayegh from Alvarez & Marsal. Jenelle serves as a managing director and Rob as a senior director of A&M’s...more

Oberheiden P.C.

10 Tips for Filing a Qui Tam Lawsuit in 2024

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The federal government is continuing to rely heavily on whistleblowers in 2024. While there are now several federal whistleblower programs, the qui tam provisions of the False Claims Act remain among the government’s most...more

Husch Blackwell LLP

BOLO: Cannabis Qui Tam Actions

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Due to federal illegality, the cannabis industry has long been plagued by federal agencies taking a variety of different enforcement approaches to cannabis businesses. From the U.S. Patent and Trademark Office to the National...more

Morrison & Foerster LLP

DOJ Releases 2024 COVID-19 Fraud Enforcement Task Force Report

On April 9, 2024, the United States Department of Justice (DOJ) released a report on the COVID-19 Fraud Enforcement Task Force (“Task Force”), by far DOJ’s most comprehensive review of the Task Force since its creation in...more

Husch Blackwell LLP

False Claims Act Insights - Think You Know Whistleblowers? Think Again.

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Host Jonathan Porter welcomes Husch Blackwell’s Jody Rudman to this inaugural podcast episode to discuss the changing profile of whistleblowers in False Claims Act (FCA) litigation. Traditionally, relators, or...more

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