Sunday, March 7, 2021

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Supreme Court Nominee Judge Gorsuch on the False Claims Act

In this article, experts from Vinson & Elkins examine four decisions from Supreme Court nominee Neil Gorsuch relating to False Claims Act cases. The cases suggest how Gorsuch may decide cases involving the FCA disclosure bar, whether the first-to-file bar incorporates Rule 9(b)’s particularity requirement, and disputes about the meaning of contractual requirements. More at […]
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Got Grants? Public and Private Sector Federal Grant Recipients Not Immune to False Claims...

Federal grant recipients—including research universities and municipalities—are increasingly facing False Claims Act investigations and litigation. As the Department of Justice and other grant-making agencies increase their scrutiny, grantees should ensure their internal controls and employee training are sufficient to deter and address concerns about potential violations. In this article, Wiley Rein experts discuss some recent […]
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The False Claims Act: Leveling the Playing Field

The government’s efforts to rein in waste, fraud, and abuse through False Claims Act litigation often create an imbalance that favors the government and relators to the detriment of firms that may have unknowingly submitted false claims. Rather than face treble damages and an expensive recovery process, defendants may choose to settle with the government, […]
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Employee’s Acceptance of Gratuities Subjects Company to Heightened Liability Under Anti-Kickback Act

In United States ex rel. Vavra v. Kellogg Brown & Root, Inc., the Fifth Circuit held that the Anti-Kickback Act holds corporations liable “for the knowing violations of those employees whose authority, responsibility, or managerial role within the corporation is such that their knowledge is imputable to the corporation.”  In applying this standard to the […]
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Federal Hiring Freeze and the Government Contractor

At first glance, the administration’s hiring freeze and plan to cut the federal workforce through attrition, in tandem with a planned increase in defense spending, may seem like a boon to defense contractors. However, a rush in contract spending combined with a simultaneous decrease in government’s procurement expertise opens opportunities for fraud, and heightened False […]
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Contractor Agrees to Pay $3.8 Million to Settle False Claims Act Allegations for Double-Charging...

Comprehensive Health Services, Inc. has agreed to pay $3.8 million to settle allegations under the False Claims Act that it submitted false claims to the United States by double-billing and mischarging for medical services in connection with work performed on an Internal Revenue Service contract. The settlement agreement resolves allegations that from April 2009 through […]
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Ropes & Gray Expert Address FCPA Enforcement Under New Administration

In a new video, Alex Rene, co-chair of Ropes & Gray’s anti-corruption and international risk practice, discusses likely FCPA enforcement activity under the new administration. More at Ropes & Gray
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DOJ Increases FCA Penalties, Applies Worrisome Retroactivity Rule

The Department of Justice has released its annual inflation adjustment for False Claims Act penalties, increasing FCA penalties from between $10,781 and $21,563 to between $10,957 and $21,916. Of note, DOJ made this adjustment retroactive to FCA violations that occurred after November 2, 2015, the date Congress passed the law requiring the inflation adjustments. DOJ’s […]
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What Might a Justice Gorsuch Portend For False Claims Act Enforcement?

Supreme Court nominee Judge Neil Gorsuch, currently seated on the United States Court of Appeals for the Tenth Circuit, has participated in only a few appeals of False Claims Act cases, but his opinions suggest he may give less deference to agency interpretations when hearing cases in which companies and individuals are alleged to have […]
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Fourth Circuit Examines Post-Escobar Application of the Materiality Standard

The Fourth Circuit recently heard oral arguments in United States ex rel. Omar Badr v. Triple Canopy, one of four False Claims Act decisions that the Supreme Court vacated and remanded for further consideration in light of its decision in Escobar. In Triple Canopy, the relator alleges that a security contractor knowingly employed guards who […]
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