Tuesday, April 7, 2020

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DOJ Downplays Circuit Split on FCA Deference to Government Dismissals of Whistleblower Actions

The Department of Justice has filed a brief with the Supreme Court asking it to decline review of a case concerning the government’s power...

New Paper Highlights Need for Changes in False Claims Act

A new paper released by the Milken Institute School of Public Health at the George Washington University describes how government enforcement of the False Claims Act against Medicare Advantage plans could undermine the Trump Administration’s stated goal of developing innovative, efficient, and cost-saving health care solutions. The study points out that in capitated payment systems […]
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Pentagon Investigator Appointed to Guard Against Abuse of Coronavirus Money

The Pentagon’s inspector general is taking the lead in trying to head off waste, fraud and abuse in the newly-passed coronavirus spending package. Glenn Fine, who’s performing the duties of the Defense Department IG, will be the chairman of the newly-formed Pandemic Response Accountability Committee. By law, the oversight board is made up of inspectors […]
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The Office Meets The Wire: When a False Claims Act Plaintiff is Recording Conversations...

Attorneys at Kilpatrick Townsend warn that a recent federal court decision demonstrates the extent to which federal law enforcement can use “aggressive and covert investigative tactics” in False Claims Act investigations. “Companies that receive revenue from federal health care programs in particular should consider the possibility that they and their employees will be subject to […]
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Anti-Corruption Compliance for Charitable Donations—The Basics

Attorneys at Steptoe & Johnson advise that, when making charitable donations to address the COVID-19 pandemic, companies consider appropriate anti-corruption compliance procedures to ensure the donation is used for the intended purpose. Any donation should be carried out in an open and transparent fashion, be based on fair and objective criteria, be accurately and completely […]
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Fraud and COVID-19: Law Enforcement is Acting Now

Attorneys at Snell & Wilmer write that the Department of Justice, Federal Trade Commission, and other government law enforcement agencies have not backed down from going after fraud and other unlawful activities during the COVID-19 crisis. They are “issuing daily guidance, creating task forces, and developing new protocols to maintain oversight over companies looking to […]
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Avoiding False Claims Act Liability in Government Contracts Responding to COVID-19

The federal government's $2 trillion legislative response to the COVID-19 pandemic authorizes a massive distribution of federal funds to provide relief to private companies...

Considerations for Conducting Internal Investigations Remotely

Restrictions on travel and "social distancing" have slowed corporate investigations, which typically involve travel and human interaction, particularly for evidence gathering and witness interviews....

Corruption Vulnerabilities in the U.S. Response to the Coronavirus

Jodi Vittori warns that the current COVID-19 crisis presents new opportunities to corrupt actors, as seen during previous pandemics. “As the United States ramps...

OFCCP Did Not Show It Adequately Enforced EEO Requirements on Federal Construction Contracts

An audit by the Department of Labor Office of Inspector General found that the Office of Federal Contract Compliance Programs did not adequately enforce EEO requirements on federal construction contracts. OFCCP did not use a risk-based approach to select construction contractors for EEO compliance evaluations, incorrectly claiming that it did not have the data to […]
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