The government has been actively investigating and prosecuting Paycheck Protection Program (“PPP” or the “Program”) fraud ever since the Small Business Administration (“SBA”) rolled out the Program in the Spring of...more
On January 12, 2021, the Eastern District of California entered into a civil settlement with a Paycheck Protection Program (“PPP”) borrower and its CEO to resolve allegations of fraud. The settlement stemmed from a $350,000...more
1/15/2021
/ CARES Act ,
Chapter 11 ,
Commercial Bankruptcy ,
Criminal Prosecution ,
Enforcement Actions ,
False Claims Act (FCA) ,
FIRREA ,
Fraud ,
Paycheck Protection Program (PPP) ,
Qui Tam ,
Settlement
On January 8, 2021, in the first appellate decision of the year addressing a False Claims Act case, the Fourth Circuit affirmed the summary judgment dismissal of relators’ claims that a manufacturer of allergenic extracts...more
1/12/2021
/ Appeals ,
Dismissals ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Medicaid ,
Medicare ,
Protected Activity ,
Regulatory Violations ,
Relators ,
Scienter ,
Universal Health Services Inc v United States ex rel Escobar
Over three years after the filing of the initial sealed complaint, a New York-based construction company and several affiliates - including its bonding company - have agreed to pay a combined $4.47 million to settle a False...more
5/14/2020
/ Affiliates ,
Construction Industry ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Fraudulent Procurement ,
HUBZone ,
Public Procurement Policies ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Settlement
Just days after the twelfth anniversary of the Minnesota 35W bridge collapse, the Eighth Circuit summarily affirmed the dismissal of a False Claims Act case alleging that Minnesota government officials conspired to submit...more
9/6/2019
/ Appeals ,
Bridges ,
Declination ,
Disaster Aid ,
Dismissals ,
False Claims Act (FCA) ,
Federal Grants ,
Government Claims ,
Notice Requirements ,
Opportunity For A Hearing ,
Public Projects ,
Qui Tam ,
Reaffirmation ,
Reconstruction ,
Relators ,
Split of Authority ,
The Granston Memo
On May 13, 2019, the U.S. Supreme Court decided Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18–325, and resolved a circuit split regarding the statute of limitations for an FCA claim brought by a relator...more
5/16/2019
/ Appeals ,
Cause of Action Accrual ,
Cochise Consultancy Inc v United States ex rel Hunt ,
Dismissals ,
False Claims Act (FCA) ,
Federal Contractors ,
Intervenors ,
Limitation Periods ,
Qui Tam ,
Reaffirmation ,
Relators ,
Reversal ,
SCOTUS ,
Statute of Limitations ,
Tolling
Seven years after filing their initial complaint, a Montana federal court ruled that plaintiffs’ FCA action—at least on some claims and against some defendants—may finally proceed. Cain v. Salish Kootenai Coll., Inc., No....more
In recent weeks, the United States Department of Justice (“DOJ”) issued two memoranda that might change the calculus of False Claims Act (“FCA”) cases. The memoranda at a minimum provide organizations with new—or at least...more