Saturday, August 8, 2020

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Refusal to Engage in Fraudulent Activity Also a Protected Activity; United States District Court...

The district court denied the defendants’ motion to dismiss a qui tam case alleging they violated the False Claims Act by misleading healthcare providers...

State Audits Identified Individual Invalid Claims, but Did Not Put State on Notice of...

The district court denied the defendants’ motion to dismiss a qui tam case alleging they submitted false claims to Medicaid. The court found the amended complaint added substantial detail to the allegations, including a pattern of fraudulent billings by certain employees and the defendants’ refusal to implement software that would have reduced the number of […]
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Senator Grassley Announces Legislation that will Strengthen False Claims Act for COVID-19 Whistleblowers

Senator Charles Grassley (R-IA), a long-time champion of whistleblowers, is working on legislation to strengthen the False Claims Act to address the increased number of frauds being committed during the coronavirus pandemic. Grassley says that DOJ’s use of its Granston Memo standard, under which it can unilaterally dismiss whistleblower cases before a court hearing, is […]
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The Thrill of Victory and the Agony of Calculating Damages

In United States ex rel. Concilio De Salud Integral De Loiza, Inc. v. J.C. Remodeling, Inc., the First Circuit has confirmed that a relator is not entitled to recover the entire contract price as False Claims Act damages when the government received some value from the services provided, and that this measure cannot even be […]
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Compliance Program “Must Haves” For Doing Business Abroad

Lowenstein Sandler partner Doreen Edelman writes that the key to reducing legal risks when exporting or selling overseas is a robust compliance program that outlines the company’s policy, as well as various internal procedures to implement the policy, and a solid set of documents to evidence the compliance activities at all levels of the company. […]
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DME Provider to Plead Guilty to $109 Million Medicare Fraud Scheme

A Florida-based individual has agreed to plead guilty to charges of fraud and payment of kickbacks for submitting to Medicare more than $109 million in false claims for durable medical equipment, including arm, back, knee, and shoulder braces. He allegedly used his employees and family to establish shell companies in multiple states, and targeted elderly […]
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Indivior Solutions Pleads Guilty to False Statements and Agrees to Pay $600 Million to...

DOJ has resolved criminal and civil investigations against Indivior, in which the company pled guilty to making false statements and agreed to pay a total of $600 million to resolve its liability for marketing of its drug Suboxone, a opioid used by recovering addicts to reduce withdrawal symptoms. Last year, Indivior’s former parent company, Reckitt […]
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Failure to Meet Academic Accreditation Guidelines Not Automatically Material to Government’s Grant Funding; United...

The district court dismissed a qui tam complaint alleging the defendants violated the FCA in relation to Department of Education grant funds, finding the...

New Evidence Supports Governments’ Late Intervention in Healthcare Fraud Case; United States District Court...

The magistrate judge recommended the district court grant a 90-day stay of proceedings to allow the federal and Tennessee state governments time to file a complaint in intervention in a qui tam case alleging healthcare fraud. While the governments previously declined to intervene pending the completion of their initial investigation, the judge found that the […]
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Victims’ Rights in FCPA Settlement—When Is Final Truly Final?

Companies settle FCPA cases with the DOJ and SEC for many reasons, but one of the most important is a desire for finality. However, settling with the DOJ may not provide that, because non-U.S. authorities may also come knocking, and public companies may be the target of civil class-action suits. Additionally, Blank Rome warns that […]
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