On April 18, 2023, the Supreme Court of the United States (SCOTUS) heard oral arguments in a pair of monumental False Claims Act (FCA) cases to decide whether and when a defendant’s subjective understanding of an objectively...more
4/25/2023
/ Drug Pricing ,
False Claims Act (FCA) ,
Fraud ,
Healthcare ,
Oral Argument ,
Pharmaceutical Industry ,
Pharmacies ,
Prescription Drugs ,
Reasonable Interpretations ,
Safeco ,
Safeco Insurance Co of America v Burr ,
Scienter ,
SCOTUS ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
Signaling its continued scrutiny of the laboratory industry, the Department of Justice (DOJ) entered into a settlement agreement with Texas lab Genotox Laboratories Ltd. last month related to compensation Genotox paid to...more
After a recent ruling by Eastern District of New York Judge Joan Azrack, Fireman’s Fund Insurance Co. will have to provide defense for Jason Kurland, also known as the “Lottery Lawyer,” in the criminal action against him....more
7/12/2022
/ Criminal Prosecution ,
Denial of Insurance Coverage ,
Duty to Defend ,
Extortion ,
Financial Fraud ,
Financial Transactions ,
Fireman's Fund Insurance ,
Insurance Claims ,
Insurance Litigation ,
Insurance Regulations ,
Lottery ,
Policy Terms
On Wednesday, Assistant Chief of DOJ Fraud Section’s Corporate Enforcement, Compliance, and Policy Unit, Lauren Kootman, confirmed the Department’s new policy of having chief compliance officers certify settlement agreements...more
Last Monday, the Eleventh Circuit ruled that the Middle District of Florida’s sentence of probation for former physician Nicole Bramwell in a $4.4 million Tricare fraud case was substantively unreasonable. The district...more
3/16/2022
/ Clear Error Standard ,
Corruption ,
Criminal Prosecution ,
Federal Sentencing Guidelines ,
Government Investigations ,
Healthcare Fraud ,
Kickbacks ,
Physicians ,
Prescription Drugs ,
Probation ,
Reasonableness Factors ,
TRICARE ,
White Collar Crimes
On Thursday, the Supreme Court ripped away the Federal Trade Commission’s preferred method of obtaining restitution and disgorgement from bad marketplace actors, ruling that § 13(b) of the Federal Trade Commission Act did not...more
As COVID-19 continues to ravage the United States, the Department of Justice (DOJ) has recently announced its new National Rapid Response Strike Force within the Health Care Fraud Unit to investigate and prosecute fraud cases...more
12/2/2020
/ Anti-Kickback Statute ,
CARES Act ,
Coronavirus/COVID-19 ,
Criminal Investigations ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
Infectious Diseases ,
Paycheck Protection Program (PPP) ,
Pharmaceutical Industry ,
Physicians ,
Stark Law
As COVID-19 continues to ravage the United States, the Department of Justice (DOJ) has recently announced its new National Rapid Response Strike Force within the Health Care Fraud Unit to investigate and prosecute fraud cases...more
10/2/2020
/ Anti-Kickback Statute ,
CARES Act ,
Coronavirus/COVID-19 ,
Criminal Investigations ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
Infectious Diseases ,
Paycheck Protection Program (PPP) ,
Pharmaceutical Industry ,
Physicians ,
Stark Law