Do State-Level FCA Laws Make Sense?
An article in the Institute for Legal Reform’s Spring 2018 Research Review addresses state False Claims Act laws. The article questions whether it makes sense for states to adopt their own versions of the federal False Claims Act, and if so, how they can do so in a way that aligns the goals of business and […]
Healthcare Whistleblowers Collecting Under the FCA Even Where There are No Fraudulent Billings: What...
Jessica Murphy of Jackson Lewis P.C. warns healthcare providers that two recent court decisions serve as a reminder that they can be liable under the FCA’s anti-retaliation provisions even if there is no finding that they submitted a false claim. In Guilfoile v. Shields the First Circuit stated: “[R]ather than plausibly pleading the existence of […]
Seventh Circuit Holds That 2009 CMS Letter Triggered Public Disclosure Bar for Pre- and...
The Seventh Circuit affirmed the dismissal of an FCA suit alleging that a psychiatric hospital submitted claims to Medicaid despite maintaining a higher patient census than the hospital was licensed to maintain, providing some important clarification on the scope of the public disclosure bar. Hartgrove argued that the public disclosure bar was triggered by letters […]
3rd Circuit Case of First Impression Clarifies Lower Threshold for FCA Actions
Government contractors should take note of a March 4, 2020, ruling by the 3rd U.S. Circuit Court of Appeals that lowers the jurisdictional threshold...
Bank Secrecy Act Compliance During the COVID-19 Crisis
Elizabeth Slim reminds us that Anti-Money Laundering professionals are still required to ensure that financial institutions maintain a safe and sound Bank Secrecy Act...
Alutiiq False Claims Act Settlement Highlights Significant Government Contract Compliance Risks for Tribal, NHO,...
The recent case of U.S. ex rel. Ben Ferris v. Afognak Native Corp., et al. settled for an undisclosed amount of money, but nonetheless serves as an example of the importance of complying with all of the requirements of programs such as the Small Business Administration’s 8(a) Business Development Program. In this FCA whistleblower suit, […]
Common Pitfalls in Conducting Internal Investigations
An internal investigation is like reading a good novel. You begin the journey with a general expectation of what the novel or the “investigation” is about. As you learn more, the investigation gains momentum filled with moments of discovery, surprise and ultimately a basis for understanding. In some cases, the end of the story (e.g. […]
VA and DOJ Form Healthcare Fraud Task Force
The Department of Veterans Affairs Office of Inspector General and the Department of Justice have established the VA Health Care Fraud Task Force, to combat fraud in VA’s health care programs. The task force combines OIG’s experience investigating health care fraud at VA, with DOJ’s track record prosecuting health care fraud through its Medicare Fraud […]
Australian Government Security Contractor Paladin Breaks Silence on Corruption Allegations
Security contractor Paladin has broken its silence, attacking suggestions of its corruption as “offensive”, and rejecting reports linking it to a series of bad debts or failed contracts across Asia. The Australian Department of Home Affairs has attracted significant scrutiny for awarding Paladin, a small and relatively unknown firm, a series of contracts worth $423 […]
Known Facts Not Equivalent to Known Fraud; United States District Court of Guam No....
The district court denied the defendants’ motion to dismiss a qui tam complaint alleging they purposefully neglected to inform SBA that they had entered...