Friday, July 3, 2020

Subscribers Only

Free

DOJ Announces Almost $25 Million in Recent FCA Settlements

Over the last few weeks, the Department of Justice announced nearly $25 million in False Claims Act settlements, with whistleblowers receiving at least $2.8 million in awards. It settled with: The University of San Francisco for roughly $2.5 million, for allegedly falsifying over 1,500 time-sheets of USF students who served as teaching apprentices in high-needs […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

DOJ Emphasizes Data-Driven Approach to Monitoring and Importance of Culture in Latest Adjustments to...

K&L Gates analyzes the DOJ’s recent update to its compliance program evaluation guidance, noting that it emphasizes (1) the need to adequately resource and empower the compliance function; (2) the importance of data access and data analysis in monitoring program effectiveness; and (3) the need to foster a culture of compliance not only among senior […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Compliance Programs Must Track and Adapt to Changes and Risks

DOJ’s updated guidance on how it will evaluate corporate compliance programs emphasizes the need for a tailored program that continuously adapts and evolves based on individual risk factors and requires updating based on lessons learned by the company, as well as the marketplace. Toward that end, it emphasizes three questions: Is the corporation’s compliance program […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Department of Justice’s 2020 Update Moves the Needle on Guidance for Evaluation of Corporate...

On June 1, DOJ issued an updated version of its “Evaluation of Corporate Compliance Programs,” which outlines specific factors that its prosecutors should consider when assessing corporate compliance programs, making charging decisions, and negotiating dispositions. The update offers additional insights into its approach to evaluating corporate compliance programs. The update places emphasis on compliance programs […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Strategic Litigation Choices, Not Government Delay, Pushed Qui Tam Suit Outside Statute of Limitations;...

The district court granted the defendant’s motion to dismiss a qui tam case as untimely, finding the relator was not entitled to equitable tolling...

Prepare for a Perfect Storm of COVID-19 Whistleblower Claims

Whistleblowers are a common character in investigations into governmental abuse.  They famously have exposed covert government surveillance programs, political corruption scandals, and even led to the impeachment of the president of the United States.  Some statutes also empower whistleblowers to bring claims against private businesses on behalf of the government for financial misconduct involving fraud, […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Whose Knowledge Counts? The Expanding Scope of Government Knowledge in FCA Cases

This week marks the four-year anniversary of the Supreme Court’s landmark False Claims Act decision in Universal Health Services, Inc. v. Escobar, 136 S....

Attempt to Relitigate Summary Judgment Issues Fails to Raise Extraordinary Circumstance for Interlocutory Review;...

The district court denied the defendants’ motion to stay proceedings and for certification of an interlocutory appeal, finding the defendants failed to raise any controlling issue of law, but merely disagreed with the court’s prior ruling on summary judgment. While the defendants questioned whether medical disagreements could form the basis for an FCA claim and […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Materiality Concerns For CARES Act Enforcement Cases

With the Department of Justice’s decision to drop charges against Michael Flynn, materiality has come to the forefront of popular legal discourse. At the same time, prosecutors and whistleblowers will carefully consider enforcement/false claims actions against entities who may have wrongfully received relief funds under the Coronavirus Aid, Recovery, and Economic Stability Act.  Such actions […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Public Disclosure Bar Jurisdictional, Regardless of Other Pleading Deficiencies; United States Court of Appeals...

The Second Circuit vacated and remanded a lower court’s dismissal of a qui tam suit alleging the defendants failed to report to the government...