Friday, November 27, 2020

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FOIA Release Triggers Public Disclosure Bar; U.S. District Court for the Northern District of...

The district court dismissed a qui tam case alleging fraud on state and federal healthcare programs, finding the claims were precluded by the public...

Fraudulent Inducement Theory Need Not Plead the Materiality of Fraud on Claims, as Fraud...

The district court denied a motion to dismiss a qui tam complaint alleging the defendants formed sham SDVOBS in order to fraudulently induce the...

Mechanicsburg Physician To Pay $850,000 To Resolve Potential Liability Under The False Claims Act

Nava K. Nawaz, M.D. of Pennsylvania has agreed to pay the United States $850,000 to resolve allegations that she submitted fraudulent travel claims to the Medicare program. She also agreed not to seek or be an owner or operator of a laboratory for the next 18 months. Nawaz allegedly used her laboratory company Perll Diagnostics, […]
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State Privilege Rules Can’t Protect Documents from FCA Discovery; United States District Court for...

The district court granted the relator’s motion to compel the defendants to produce certain documents they’d withheld under state privilege rules. The defendants argued that the documents were created through a medical peer review process, the products of which are privileged under Massachusetts state law. However, the court concluded that the privilege did not apply […]
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No Link Between Allegedly False Payroll and Any Federal Funds; United States District Court...

The district court granted a motion to dismiss a qui tam complaint alleging the defendants submitted falsified timesheets to federal and state education grant...

Relator Adequately Notified Defendants of Intention to Pierce Corporate Veil to Attach Liability for...

The district court granted in part and denied in part a motion to dismiss a qui tam case alleging that ambulance transport services companies...

Qui Tam Quarterly – Uncertain Relief: Navigating Cares Act Provider Relief Fund Guidance and...

Qui Tam Quarterly focuses on potential False Claims Act risks faced by health care providers receiving relief payments under the CARES Act, as well as potential defenses to FCA actions based on some of the Provider Relief Fund’s terms and conditions issued by Health and Human Services. The update considers the extent to which (1) […]
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DOJ Civil Division Issues New Guidance on Inability-to-Pay Assessments

The DOJ Civil Division has published new guidance on how it will evaluate claims of inability to pay judgments or penalties in False Claims Act and other civil enforcement cases. It also provides a road map for companies that may be considering a claim of inability to pay, by detailing the process and listing a […]
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Uptick in FCA Investigations and Litigation Targeting Tech Services

The shift to a remote working environment as a result of the COVID-19 pandemic has drawn attention to data security and business continuity risks. With increased demand for technology services comes increased scrutiny, which may include False Claims Act investigations and litigation targeting providers of hardware, software, and other technology products and services to the […]
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Relator Plausibly Alleged Defendants Obfuscated GSA Pricing, but Failed to Show Anyone Bought It;...

The district court dismissed a qui tam suit alleging the defendant falsely represented its pricing through the Federal Strategic Sourcing Initiative program. The relator...