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As Health Care Enforcement Surges, Buckle Up for a Bumpy Ride

As the saying goes, the more things change, the more they stay the same – and the world of health care fraud enforcement is no exception. Recent years have seen a wave of novel technologies, emerging threats to our nation’s...more

AG Bondi Refocuses DOJ Priorities in New Guidance Documents

On February 5, newly confirmed Attorney General Pam Bondi issued a series of guidance documents refocusing U.S. Department of Justice (DOJ) priorities for the new Administration. In addition to effectuating many of President...more

Into the AI Future: What a Relator’s Use of AI in a Recent FCA Case Portends About the Future of Whistleblowing

A recent California False Claims Act (CFCA) settlement highlights how relators are turning to artificial intelligence (AI) tools to allege fraud and other issues. By understanding how AI may be used by relators or other...more

Exploring the AI and Crypto Intersection [Audio]

In this episode of the CryptoCounsel, Frank Scaduto welcomes Nick Peterson, a white-collar and investigations attorney at Wiley, to discuss the intersection of cryptocurrency and artificial intelligence (AI). They explore the...more

AI Risks for Government Contractors: Navigating Disputes and Litigation [Audio]

On this episode of Wiley’s Government Contracts podcast, Nick Peterson joins host Craig Smith to discuss the challenges and risks that come with the use of artificial intelligence (AI) tools by government contractors and...more

DOJ Signals Tough Stance on Crimes Involving Misuse of Artificial Intelligence

WHAT: Deputy Attorney General (DAG) Lisa O. Monaco delivered remarks at the University of Oxford in the United Kingdom on “the Promise and Perils of AI.” Her remarks focused on the U.S. Department of Justice’s (DOJ) use of...more

Supreme Court Clarifies DOJ’s FCA Dismissal Authority

WHAT: On June 16, 2023, the U.S. Supreme Court ruled 8–1 that the Government has broad authority to intervene and dismiss False Claims Act (FCA) suits litigated by relators. U.S. ex rel. Polansky v. Executive Health Resources...more

Supreme Court Rules FCA Scienter Element Focuses on Defendants’ Subjective Beliefs Only

WHAT: The U.S. Supreme Court handed down its much-anticipated decision in United States ex rel. Schutte v. SuperValu Inc. The Court considered the narrow issue of whether the False Claims Act’s (FCA) scienter requirement...more

FCA Successor Liability: Taking Lessons From a Recently Unsealed Complaint

When contemplating an acquisition, companies rely upon the due diligence process to discover the target’s potential liabilities, such as False Claims Act (FCA) liability, so they can proceed accordingly. This may involve...more

New Congressional Report Raises Possibility of False Claims Act Scrutiny for Fintech Companies Involved In PPP Loans

A just-issued Congressional staff report raised concerns that certain financial technology companies (fintechs) were involved in processing improper loans through the Paycheck Protection Program (PPP) and recommended, among...more

PPP Borrowers Beware: More Money Can Lead to More Problems

Since the Small Business Administration’s (SBA) Paycheck Protection Program (PPP) rollout in the early months of the COVID-19 pandemic, lenders have approved more than 9.8 million loans, totaling more than $762 billion, to...more

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