In a recent case, the Department of Justice backed down when an FCA defendant challenged the department’s use of Civil Investigative Demands even after DOJ declined to intervene in the lawsuit. The case is a reminder that the government’s investigative powers are not unlimited, and providers have the right and the ability to challenged DOJ when it exceeds its authority in the course of an investigation.
Regulations, Compliance, & Enforcement
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Providers Be Aware of Limitations on Government’s Ability to Conduct Investigations Under False Claims Act
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