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Whistleblowers Relators Fraud

PilieroMazza PLLC

Florida Federal Court Strikes Major Blow to FCA Whistleblowers: Key Takeaways for FCA Defendants

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In a prior blog, PilieroMazza discussed the Supreme Court’s decision in United States ex rel. Polansky v. Executive Health Resources, Inc. In that case, in his dissenting opinion, Justice Clarence Thomas referred to the qui...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

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

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

Health Care Compliance Association (HCCA)

The compliance lessons in the wake of the Supreme Court decision in U.S. ex rel Schutte v. SuperValu, Inc.

The False Claims Act (FCA) permits private individuals to bring lawsuits in the name of the United States—called qui tam—against those they believe have defrauded the federal government: 31 U.S.C. § 3730(b). The FCA thereby...more

Bradley Arant Boult Cummings LLP

False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department...more

Littler

When Will a Settlement Agreement Preclude a False Claims Act Action?

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A recent District of Columbia federal court ruling reminds employers that a severance agreement containing a release of claims under the False Claims Act does not guarantee dismissal of a suit on those grounds....more

BCLP

U.S. Supreme Court Explains Meaning of “knowingly” Under the False Claims Act

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In its recent unanimous and significant decision in the consolidated cases of United States ex rel. Schutte v. SuperValu, No. 21-1326 (6-1-23), and United States ex rel. Proctol v. Safeway, Inc., No. 22-111 (6-1-23), the...more

King & Spalding

U.S. Supreme Court Allows Justice Department to Dismiss Whistleblower Cases

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On June 16, 2023, the U.S. Supreme Court affirmed that the DOJ properly secured a dismissal of a whistleblower suit accusing Executive Health Resources Inc. of violating the False Claims Act by improperly billing Medicare....more

ArentFox Schiff

US Supreme Court Rules 8-1 in Favor of Government FCA Dismissal Authority

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On June 16, 2023, in United States, ex rel. Polansky v. Executive Health Resources, Inc., the US Supreme Court addressed the government’s authority to dismiss a qui tam False Claims Act (FCA) suit over a relator’s objection...more

Holland & Knight LLP

DOJ's Annual False Claims Act Statistics: Relators Forging Ahead with Success

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The U.S. Department of Justice (DOJ) on Feb. 7, 2023, released its annual statistics for its civil False Claims Act (FCA) and fraud cases from the 2022 fiscal year (FY). Up front, we see the following key takeaways ...more

Perkins Coie

The Number of False Claims Act Cases Reach Record High, But DOJ’s Recoveries Drop to $2.2 Billion in Fiscal Year 2022

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The U.S. Department of Justice (DOJ) obtained more than $2.2 billion in civil False Claims Act (FCA) judgments and settlements in fiscal year (FY) 2022, the lowest such annual total since 2008 and a significant drop from a...more

Bass, Berry & Sims PLC

First False Claims Act Settlement under DOJ’s Cyber-Fraud Initiative

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On March 8, the Department of Justice (DOJ) announced the first settlement under its Civil Cyber-Fraud Initiative, as Comprehensive Health Services, LLC (CHS), a global medical services provider, agreed to pay $930,000 in...more

Bass, Berry & Sims PLC

False Claims Act Fundamentals: What Is a Relator?  

A relator is a private person or entity who files a False Claims Act (FCA) lawsuit on behalf of the United States in exchange for receiving a portion any recovery from the defendant. The FCA was enacted in 1863 in response to...more

Bass, Berry & Sims PLC

What Does the DOJ’s New Civil Cyber-Fraud Initiative Mean for You?

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As discussed in a previous post, the Department of Justice (DOJ) has announced a new Civil Cyber-Fraud Initiative to utilize one of the strongest tools in its toolbox—the False Claims Act—to hold entities receiving federal...more

Bass, Berry & Sims PLC

False Claims Act Fundamentals: What Is the FCA?

The False Claims Act, 31 U.S. C. § 3729, et seq., is the federal government’s most important and most effective tool for fighting fraud. This post provides a high-level overview of the False Claims Act and highlights key...more

Freeman Law

Qui Tam Lawsuits

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The federal False Claims Act is intended to protect the government from fraudulent claims against federal programs. The federal government utilizes the False Claims Act to prosecute attempts to commit fraud against the...more

Dorsey & Whitney LLP

Northern District of Texas Refuses to Enforce Purported Pre-Filing Qui Tam Claim Release on Public Policy Grounds

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On April 30, 2021, a Northern District of Texas judge denied a motion to dismiss an FCA qui tam action alleging “a fraudulent scheme to obtain Government subcontracting opportunities reserved for eligible small businesses...more

Kohn, Kohn & Colapinto LLP

The False Claims Act and Covid-19 Federal Spending

The False Claims Act (“FCA”), especially its qui tam component, has repeatedly proven to be the most effective weapon the federal government can employ to recover payments private citizens and entities fraudulently obtain. ...more

Jones Day

Supreme Court Leaves Fifth Circuit False Claims Act Ruling Intact

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The Background: In early December, the Supreme Court denied a whistleblower's request to review the Fifth Circuit's affirmance of the district court's dismissal of a False Claims Act ("FCA") case. This denial left the...more

Pillsbury Winthrop Shaw Pittman LLP

Fraud and the Risk of FCA Litigation in the Time of COVID-19

The $1.4 trillion set aside for loans to small, medium and large businesses in the CARES Act stimulus package makes compliance more crucial than ever for U.S. companies. Any entity that receives government funds may face...more

King & Spalding

Ninth Circuit Holds That Medical Opinions Do Not Automatically Preclude FCA Liability at the Pleading Stage

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In late March, the United States Court of Appeals for the Ninth Circuit revived a whistleblower lawsuit under the False Claims Act (FCA) in which a former employee accused a healthcare provider of submitting reimbursement...more

Dorsey & Whitney LLP

$34 Million Reversal: First Circuit Overturns Its Precedent and Redirects Relator’s FCA Award to Another

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Earlier this month, the U.S. Court of Appeals for the First Circuit overturned its own precedent to hold the FCA’s first-to-file rule is “non-jurisdictional.” In so doing, the First Circuit flipped the district court’s award...more

Mintz

Mintz Levin Health Care Qui Tam Update - February 2019

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Overview of Qui Tam Activity - We identified 49 health care-related qui tam cases that were unsealed in September and October 2018. The government intervened in whole or in part in 10 of those 49 unsealed cases, which...more

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