Wednesday, April 1, 2020

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Sales Gatherings Disguised as Advisory Board Meetings May Run Afoul of AKS; United States...

The district court denied a motion to dismiss a qui tam complaint alleging violations of the Anti-Kickback Statute and False Claims Act. The court...

Short Time Between Whistleblowing and Termination Plausibly Supports Retaliation Claim; United States District Court...

The district court denied the defendant’s motion to dismiss breach of contract and FCA retaliation claims, finding that the plaintiff had adequately pled her case. The court found the plaintiff plausibly showed that the defendant breached multiple areas of her employment agreement during the course of her employment, and that her pay was cut and […]
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Defendants’ Previous Motion to Move Qui Tam Case to Tennessee Undercuts Argument in Favor...

The district court again denied the defendants’ motion to transfer venue, finding that that the factors cited by the defendants in an earlier request to transfer to Tennessee weighed against their interest in transferring the case to Colorado. The court reasoned that it had already denied a request to transfer the case to Tennessee, and […]
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Defendants Cannot Show that CMS Guidance Allows for Reimbursement of Travel that Never Occurred;...

The Fifth Circuit denied the defendants’ appeal of a lower court’s decision granting the government’s motion for summary judgment in a Medicare fraud case,...

Offer to Buy Out Physicians’ Interests in Hospital Ownership No Violation of AKS, Court...

The Fifth Circuit affirmed a district court’s decision dismissing a qui tam complaint alleging that a hospital system violated the Anti-Kickback Statute and Stark Law when it bought out the ownership interests of participating physicians, and that incorrect statements about the correct ownership of the hospital amounted to false claims. The court found no connection […]
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Firm Disqualified for Representing Relator and Defendant Receives Significantly Reduced Fees; United States District...

The court granted the relator’s request for attorneys’ fees in his successful qui tam case alleging healthcare fraud, but significantly reduced the award to the relator’s first counsel, which had been disqualified by the court after it was discovered the firm also represented the defendants in other matters. Relator Joshua Luke sought attorneys’ fees for […]
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Information About Alleged Fraud, Adverse Employee Actions Clearly Relevant to Retaliation Claim; United States...

The district court denied the defendants’ objection to a magistrate judge’s order compelling discovery in a case alleging unlawful retaliation. The court agreed that...

No Evidence Relator’s Complaint Frivolous, Vexatious; United States District Court for the District of...

The district court denied the defendants’ motion for attorneys’ fees and costs after they prevailed in a qui tam case, finding no evidence that the relator’s case, though unsuccessful, was filed frivolously or with the intent to harass the defendants. On December 20, 2019, multiple defendants filed a motion for attorneys’ fees and costs after […]
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Spanish Translation of DOJ Guidance for Evaluating Compliance Programs

Law firm Ritch Mueller has translated the DOJ’s April 2019 guidance document Evaluation of Corporate Compliance Programs into Spanish. Evaluacion de Programas Corporativos de Compliance presents the original English and translated Spanish side by side. A similar Chinese/English translation is also available from Covington & Burling. More at FCPA Blog
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Separate Settlement After Defendant’s Dismissal from Qui Tam Action Does Not Create New Case...

The district court dismissed a qui tam complaint over the relator’s objection, noting that the government has nearly unfettered discretion to request dismissal. In...
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