Sunday, February 28, 2021

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White Collar Enforcement Under the Biden Administration and Its Potential Impact on The Tech...

The senior leadership that will be responsible for white collar enforcement under the Biden Administration is starting to crystalize. In January, President Biden announced...

Fraud and Abuse Rules Part V: Easing Stark Law Compliance

As discussed in a previous McGuireWoods alert, the Department of Health and Human Services published final rules that significantly amend the regulations to the Physician Self-Referral Law, the federal Anti-Kickback Statute, and the Civil Monetary Penalties Law. This final client in a series on these final rules, focuses on new exceptions, guidance and other policies […]
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Fraudulently Obtained Drug Patents Created “Downstream” Fraud on Government Healthcare Programs; United States District...

The district court denied the defendants’ motion to dismiss a qui tam case alleging fraud on the U.S. Patent and Trade Office and subsequent violation of the FCA. In short, the defendants argued that patent applications to USPTO were not false claims for payment to the government, but the court sided with the relator, who […]
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Court Stays Patent Fraud Case Pending Ninth Circuit Appeal; United States District Court for...

The district court granted a motion to certify an interlocutory appeal in a qui tam case alleging fraud on the U.S. Patent and Trade Office and subsequent violation of the FCA. The defendants sought to appeal the court’s finding that proceedings before USPTO were not federal hearings under the FCA and that the public posting […]
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Physician Alleged Fraudulent Diagnoses, but Could Not Say Whether They Resulted in Claims; United...

The district court granted the defendants’ motion for summary judgment in a case alleging employment retaliation under the FCA. The plaintiff alleged that she was constructively discharged after raising concerns about the use of an improper diagnosis to justify the admittance of patients to rehabilitation services. However, the court found the relator had no knowledge […]
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Second Circuit: “Payment Decision” Includes Contract Formation in Fraudulent Inducement Cases; United States Court...

The Second Circuit reversed a district court’s dismissal of a government complaint alleging a federal contractor fraudulently obtained contracts meant for service-disabled veteran-owned small businesses. The government alleged the contractor had created a sham SDVOSB to act as a pass-through company for contract set-asides, after the contractor’s original company outgrew eligibility. The district court held […]
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IT Vendor Settles Alleged Over-Billing for Under-Qualified Employees, for $6 Million

Virginia-based Information Innovators Inc. (“Triple-I”) has agreed to pay the United States over $6 million to resolve allegations that Creative Computing Solutions Inc., a company it purchased in 2015, knowingly overbilled the Department of Homeland Security from 2007 to 2014. CCSI provided IT services to DHS, and allegedly overcharged the agency for work performed by […]
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Courts Continue to Diverge on How Post-Complaint Government Conduct Affects Materiality Analysis Under Escobar

Two recent decisions by district courts in the Third Circuit illustrate the continued divide among courts regarding the extent to which the government’s declination...

Senator Grassley and Senior DOJ Official Discuss Potential False Claims Act Changes and Enforcement...

On February 17, 2021, Senator Chuck Grassley (R-IA) and Brian Boynton, Acting Attorney General for the Department of Justice’s Civil Division, provided opening remarks at the Federal Bar Association’s annual Qui Tam Conference. Both emphasized the key role of the FCA in combating fraud against the Government, and noted an anticipated increase in FCA enforcement […]
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Expert Can Testify on Work Environment, But Can’t Tell Jury How to Feel About...

The district court mostly denied the defendant’s motion to exclude expert testimony submitted on behalf of the plaintiff. The plaintiff alleged that his former employer falsified diagnoses to qualify patients for rehabilitation care and that the pressure to participate in this alleged fraud created an intolerable work environment that resulted in his constructive discharge. The […]
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