Saturday, September 25, 2021

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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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SCOTUS Nominee Could Alter High Court’s View of Regulation

Neil Gorsuch, currently under consideration for a seat on the Supreme Court, is considered a pro-business judge whom some observers believe could dilute agency authority on regulation. In particular, observers note that Gorsuch has criticized a previous SCOTUS decision in Chevron USA v. Natural Resources Defense Council, in which the court held that deference should […]
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The Dos and Don’ts of Compliance Investigations: 3 Tips to Managing Regulations

Law.com – During a recent panel discussion at Legalweek: The Experience, experts provided advice for legal professionals in relation to compliance investigations. According to the panelists, legal experts should: Know their data. An organization can have many tools to collect data, some of which may be unknown to counsel and compliance officers. Legal and compliance […]
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Sixth Circuit Opinion Indicates Rule 9(b) Pleading Requirement Still Has Bite

In its recent decision in U.S. ex rel. Hirt v. Walgreen Co., the Sixth Circuit affirmed a lower court’s finding that the plaintiff failed to identify a false claim, adopting a less relaxed standard for pleading false claims than it had in U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc. In Hirt, the […]
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Attorney General Nominee Supports Qui Tam Cases

During his confirmation hearing, Attorney General-designate Senator Jeff Sessions (R-AL) indicated he would continue to support the Department of Justice’s aggressive efforts to enforce the False Claims Act. Sessions described qui tam cases as “an effective method of rooting out fraud” because they encourage companies to be more vigilant.  Sessions also suggested he believes cases […]
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First Circuit Curtails Fraudulent-Inducement Theory Where Government Took No Action After Learning of FCA...

In its recent decision in D’Agostino v. ev3, Inc., No. 16-1126, 2016 WL 7422943, the First Circuit held that a relator could not proceed with its False Claims Act claim based on alleged fraud in the inducement, because the Food and Drug Administration has not withdrawn or suspended its approval of the defendant’s medical device […]
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