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Baker & Hostetler LLP | USA | 29 Jan 2016

Implied Certification and the FCA: Legally False or a False Legality? The Supreme Court Is Set to Decide

The United States Supreme Court recently granted certiorari in the case of Universal Health Services, Inc. v. U.S. ex rel. Escobar, No. 15-7, which


Baker & Hostetler LLP | USA | 26 May 2011

U.S. Supreme Court holds FOIA responses are public disclosures for FCA purposes

In Schindler Elevator Corp. v. United States ex rel. Kirk, the U.S. Supreme Court recently held that False Claims Act (FCA) allegations based on federal agency responses to Freedom of Information Act (FOIA) requests are considered public disclosures under the FCA public disclosure bar.


Baker & Hostetler LLP | USA | 26 Jan 2011

False Claims Act amendments increase vulnerability of government contractors

In recent years, enforcement and litigation of the False Claims Act ("FCA") by the government and private plaintiffs has risen to levels not previously seen in the nearly 150-year history of the FCA.


Baker & Hostetler LLP | USA | 13 May 2010

False Claims Act -- Congress initiates state law compliance review

In light of recent changes to the federal False Claims Act (FCA) resulting from the passage of the Fraud Enforcement and Recovery Act (FERA) (Pub. L. No. 111-21) and the Patient Protection and Affordable Care Act (Pub. L. No. 111-148), Sen. Charles Grassley (R-Iowa) has asked the U.S. Departments of Justice (DOJ) and Health and Human Services (HHS) to examine state FCAs to ensure compliance with recent modifications to the federal FCA.


Baker & Hostetler LLP | USA | 14 May 2009

Fraud Enforcement and Recovery Act passes House

The Fraud Enforcement and Recovery Act of 2009 (S.386), introduced by Sen. Patrick J. Leahy (D-Vt.) to improve enforcement against mortgage fraud, securities fraud, financial institution fraud and other frauds related to federal programs also includes several amendments to the federal False Claims Act (FCA) to address what Congress views as the court's misinterpretation of the intent of the FCA.


Baker & Hostetler LLP | USA | 19 Mar 2009

Congress proposes federal False Claims Act overhaul

In response to recent federal court decisions limiting federal False Claims Act (FCA) liability, Sen. Grassley, joined by other legislators, has filed two bills with the goal of expanding the scope of the FCA.


Baker & Hostetler LLP | USA | 16 Oct 2008

Cost report certification: court refuses to widen FCA liability

On October 2, 2008, the U.S. Court of Appeals for the Tenth Circuit became the self-acclaimed "first circuit to squarely reject relator's sweeping annual cost report false certification theory."


Baker & Hostetler LLP | USA | 12 Jun 2008

Supreme Court issues decision limiting reach of False Claims Act

In a recent unanimous decision, the U.S. Supreme Court held that to be liable under the False Claims Act (FCA) for false statements or conspiracy, the defendant must have made the statement with the intent of getting a false claim paid or approved by the government itself and not merely by an intermediate entity that would be paying the claim with government funds.

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