Monday, September 21, 2020

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Cochise Lives: CO Who Participated in Fraud Scheme Cannot Trigger Three-Year Statute of Limitations...

The district court denied the defendants’ motion to dismiss a qui tam complaint alleging they fraudulently induced the government into entering into a subcontract...

Relator’s Relocation Irrelevant When Complaint Has No Evidence Employer Asked Government to Reimburse Costs;...

The district court dismissed a qui tam complaint alleging the defendant submitted an improper claim to the government for reimbursement of employee relocation benefits and unlawfully retaliated against the relator for other protected activity. The relator alleged the defendant paid him a generous relocation package as a hiring incentive even though he had no intention […]
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Attendance at Management Meetings Not the Kind of “Insider Knowledge” Needed to Overcome Failure...

The district court dismissed the entirety of a complaint alleging the defendants submitted false claims to Medicare for medically unnecessary durable medical equipment. The...

Borrower Beware II: Whistleblower Workers Put PPP Borrowers in the Government’s Crosshairs for False...

The Paycheck Protection Program, created by the CARES Act to help small businesses keep workers on the payroll during the COVID-19 pandemic, has closed its doors to new borrowers. While operational, the PPP resulted in more than 5.2 million loans for $525 billion in funding. Regardless of whether you think you did anything wrong, you […]
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Seventh Circuit Weighs in on Government Dismissal Authority under the FCA

The Seventh Circuit’s recent decision in U.S. ex rel. CIMZNHCA, LLC v. UCB, Inc. widens the Circuit split on the standard of review applicable when the...

Louisiana Company Pleads Guilty to Conspiracy to Defraud the Government and Violate the Procurement...

Cajan Welding & Rentals Ltd. has pleaded guilty to defrauding the United States and violating the Procurement Integrity Act. The company admits that it conspired to corrupt and impair the government procurement process, using non-public pricing and cost information to obtain subcontract awards and payments from the Department of Energy in connection with its operation […]
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Federal False Claims Act Wrap-Up

Jennifer J. Coyne of Miles & Stockbridge gleans three quick lessons from recently-reported decisions on various False Claims Act issues: A lesson for corporate...

No Immunity When Bid-Rigging, Kickbacks Not Within Government Employee’s Job Descriptions; United States District...

The district court granted the relator’s motion for leave to file an amended complaint, which he filed instead of opposing the defendants’ motion to...

Lack of Particularity Sinks Most, but Not All, Healthcare Fraud Claims; United States District...

The district court mostly granted multiple motions to dismiss by the defendants in a qui tam case alleging healthcare fraud, finding that the claims of false presentment and conspiracy were not asserted with the required particularity. The court allowed false presentment claims and a retaliation claim to proceed against the relators’ employer, finding the allegations […]
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Seventh Circuit Deepens Circuit Split Over FCA Dismissal Authority

The Seventh Circuit’s August opinion in United States ex rel. CIMZNHCA, LLC v. UCB, Inc. outlines a third standard for evaluating government motions to dismiss False Claims Act cases over relator objections. Previously, such cases have been evaluated under one of two standards: (1) The D.C. Circuit’s deferential Swift standard, which provides the government “an […]
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