The False Claims Act (FCA) has long been a key enforcement tool for the federal government in matters involving government contracts or other expenditures of government funds. FCA enforcement has traditionally focused primarily on two industries receiving a substantial amount of government funds: healthcare and defense and other government contractors. Recently, however, FCA enforcement has expanded to other industries, including financial services.
Articles: 1-10 of 277
District of Massachusetts adopts but-for causation test for FCA claims premised on AKS violations
USA - October 3 2023 As reported last week here, the Chief Judge of the District of Massachusetts held that a claim “result[s] from” a kickback only if the defendant…
District of Massachusetts adopts but-for causation test for FCA claims premised on AKS violations
USA - September 30 2023 On September 27, 2023, the District of Massachusetts, assessing the causation standard linking Anti-Kickback Statute violations to FCA liability…
DOJ begins memorializing basis for cooperation credit in FCA settlement agreements
USA - September 13 2023 Recently, DOJ quietly began implementing what appears to be a new policy to memorialize in FCA settlements the basis for the settling company earning…
Chiding DOJ for “inexcusable” delay in deciding to Intervene, Fifth Circuit makes notable determinations on materiality and statute of limitations
USA - September 8 2023 Chastising DOJ for asking eighteen times to extend the seal period, the Fifth Circuit recently held that due to its “dilatory conduct,” DOJ could not…
Ninth Circuit excludes inter partes review proceedings from public disclosure bar and greenlights relator’s qui tam claims based on patent activity
USA - August 22 2023 In a recent decision, United States ex rel. Silbersher v. Valeant Pharmaceuticals Int’l Inc., 2023 WL 4940429 (9th Cir. Aug. 3, 2023) (“Valeant”)…
First Court of Appeals to Apply Polansky Upholds DOJ’s Dismissal
USA - August 8 2023 The Eleventh Circuit recently became the first Court of Appeals to apply the Supreme Court’s decision in United States ex rel. Polansky v. Executive…
Data analytics firm files Qui Tam based on billing outliers
USA - July 26 2023 Earlier this month, a federal court unsealed a declined qui tam complaint filed by a data analytics firm based on identification of Medicare billing…
Qui Tam Alleges Hospital Fraud Relating to Provider Relief Fund “High Impact” Payment
USA - June 20 2023 Earlier this month, a federal court unsealed a qui tam complaint against several New Jersey hospitals, management services organizations, and the…
DOJ Reaches Settlement with Laboratory Over Commission-Based Compensation Arrangements with Independent Contractors, Medical Necessity
USA - April 13 2023 Earlier this month, the U.S. Department of Justice (“DOJ”) announced a $5.9 million FCA settlement resolving allegations that Genotox Laboratories…
Sixth Circuit Adopts Limited Definition of AKS “Remuneration,” Robust Standard for Causation in AKS Qui Tams
USA - April 3 2023 On March 28, 2023, the Sixth Circuit issued a notable decision rejecting broad theories from DOJ and relators about (1) the definition of…
About Original Source
Featured authors
