Monday, April 6, 2020

Subscribers Only

Free

Bradley Publishes Annual Review of FCA Developments

Bradley Arant Boult Cummings has published its annual review of significant False Claims Act cases, developments, and trends. The review features observations and insights from 19 of Bradley’s FCA practitioners, who address areas such as materiality, falsity, the knowlingly standard, and false certifications. The review also covers the Supreme Court’s decision in Escobar and early […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Too Little and Too Late: First Circuit Rejects Relator’s Claims of Possible Fraud and...

In United States ex rel. Hagerty v. Cyberonics, Inc., the First Circuit denied a relator’s attempt to connect aggressive sales techniques to false claims to the government. The relator alleged Cyberonics used fraudulent sales tactics to encourage medical providers to replace batteries in medical devices unnecessarily, which in turn led to false claims to the […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

SEC Charges Government Contractor with Inadequate Controls and Books and Records Violations

The Securities and Exchange Commission announced that L-3 Technologies will pay $1.6 million to settle allegations that it failed to maintain accurate books and records and had inadequate internal accounting controls. An SEC investigation found that L3’s Army Sustainment Division (ASD) had improperly recorded $17.9 million in revenue from an Army contract by creating invoices […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Assessment Report on Kenya’s Task Force on Anti-Corruption for REDD+

A new report from Transparency International assesses the Kenya Task Force for anti-corruption in Reducing Emissions from Deforestation and Forest Degradation mechanism (REDD+), which was an informal multi-stakeholder forum that brought together national actors working on forest governance, anti-corruption, and transparency in order to contribute to the development of the strategy for the implementation of […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

False Claims Act Cert. Monitor: Six FCA Cert. Petitions Bite the Dust, Five Remain

In this post, Vinson & Elkins’ Ralph Mayrell discusses six recent False Claims Act certification petitions that were denied by the courts, as well as five additional pending cases on which the courts have not yet ruled. More at Vinson & Elkins 
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Seventh Circuit Applies Escobar Standard to Once Again Reject False Claims Act Liability Based...

In a recent decision, the Seventh Circuit applied the Supreme Court’s standard in Escobar for False Claims Act liability under an implied false certification theory. In United States v. Sanford-Brown, the relator alleged Sanford-Brown College falsely certified that it complied with a Program Participation Agreement that it would abide by Title IV statutes and regulations, and […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Eleventh Circuit Holds that Secondhand Knowledge Does Not Satisfy the Original Source Exception to...

In a recent decision in U.S. ex rel. Saldivar v. Fresenius Med. Care Holdings, Inc., the Eleventh Circuit rejected the relator’s expansive interpretation of the original source exception to the False Claims Act’s legacy public disclosure bar. The court reversed a lower court’s finding that under the pre-2010 version of the FCA’s public disclosure bar, the relator […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Commerce Department Increases FCA Penalties, DOJ Likely to Follow

The Department of Commerce is the first federal agency to adjust False Claims Act penalties for 2017 to account for inflation in 2016. On December 28, 2016, Commerce issued regulations increasing FCA penalties to between $10,957 and $21,916 per false claim, and the Department of Justice and Railroad Retirement Board are expected to follow suit […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

First Circuit Rejects Whistleblower’s Fraud on the FDA FCA Theory

In a recent decision, the First Circuit rejected a relator’s claim that a medical device manufacturer caused the submission of false claims for Medicare reimbursement by fraudulently obtaining Food and Drug Administration approval of one of its devices. The relator claimed that because the manufacturer made false claims about the safety and use of the […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Keep Your Friends Close and Your Subcontractors Even Closer: Prime and Sub Mostly Win...

The D.C. District Court has dismissed a False Claims Act complaint filed by a second-tier subcontractor against a prime contractor and first-tier subcontractor. In United State ex rel. Keaveney v. SRA Int’l, Inc., the relators alleged the defendants fraudulently induced the contract’s award by misrepresenting that the defendants’ own employees, rather than the second-tier subcontractor’s […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.
Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.