Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
7/25/2024
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Lenders ,
Lockheed Martin ,
National Institute of Health (NIH) ,
OIG ,
Self-Disclosure Requirements
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
4/12/2024
/ Anti-Kickback Statute ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Employees ,
Healthcare ,
Healthcare Fraud ,
Medicare ,
Nursing Homes ,
Popular
On February 22, 2024, the U.S. Department of Justice (DOJ) announced its False Claims Act (FCA) statistics for fiscal year (FY) 2023. Using DOJ’s FY 2023 Data Table and our analysis from previous years, MoFo’s FCA team...more
2/27/2024
/ Anti-Kickback Statute ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Healthcare Fraud ,
Medicare Advantage ,
SBA ,
Whistleblowers ,
White Collar Crimes
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
1/4/2024
/ Anti-Kickback Statute ,
Compliance ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Health Care Providers ,
Healthcare Fraud ,
Internal Investigations ,
Patient Referrals ,
Pharmaceutical Industry ,
Popular
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
10/11/2023
/ Anti-Kickback Statute ,
Causation ,
Cybersecurity ,
Denial of Certiorari ,
Department of Justice (DOJ) ,
DFARS ,
Failure To Disclose ,
Failure to Monitor ,
False Billing ,
False Claims Act (FCA) ,
Foreign Subsidies ,
General Services Administration (GSA) ,
Healthcare Fraud ,
Kickbacks ,
Medicare ,
NIST ,
Pharmaceutical Industry ,
Popular ,
Remuneration ,
Risk Management ,
SCOTUS ,
State Grants ,
TRICARE ,
Whistleblowers
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
7/31/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Defense Contracts ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
False Billing ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Rules of Civil Procedure ,
Medicare ,
National Institute of Health (NIH) ,
Qui Tam ,
SCOTUS ,
United States ex rel Polansky v Executive Health Resources Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
On June 16, 2023, the Supreme Court issued a decision in United States ex rel. Polansky v. Executive Health Resources, Inc., giving the United States government broad power to dismiss qui tam FCA lawsuits even when it has...more
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
4/11/2023
/ Amicus Briefs ,
Anti-Kickback Statute ,
Bribery ,
Cost-Sharing ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Fraud ,
Popular ,
Qui Tam
On February 7, 2023, the U.S. Department of Justice (DOJ) announced its fiscal year (FY) 2022 False Claims Act (FCA) statistics. Utilizing DOJ’s FY 2022 Data Table and comparing back to our FY 2021 coverage, MoFo’s FCA team...more
2/15/2023
/ Coronavirus/COVID-19 ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Health Care Providers ,
Kickbacks ,
Medical Devices ,
Paycheck Protection Program (PPP) ,
Pharmaceutical Industry ,
Purdue Pharma ,
Qui Tam ,
Subcontractors ,
Whistleblowers
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
1/6/2023
/ Corporate Counsel ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
False Billing ,
False Claims Act (FCA) ,
Federal Contractors ,
Financial Institutions ,
GAO ,
Medicaid ,
NIST ,
Pharmaceutical Industry ,
Popular ,
Retaliation ,
SCOTUS ,
Whistleblowers
On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it collected more than $5.6 billion in False Claims Act (FCA) settlements and judgments in fiscal year 2021. This is the largest annual total since...more
After waiting over a year to hear what the Fourth Circuit would say about statistical sampling in False Claims Act cases, the court of appeals recently chose to keep us in suspense. Despite initially granting the relators’...more
2016 was another active year in the land of False Claims Act enforcement. The U.S. Department of Justice continued to set recovery records and turned its eye more keenly on enforcement of individuals. We heard from the...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
8/30/2016
/ Airlines ,
Alstom ,
Anti-Corruption ,
Argentina ,
Brazil ,
Bribery ,
China ,
Civil Forfeiture ,
Compliance ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Fiduciary Duty ,
Foreign Corrupt Practices Act (FCPA) ,
Forfeiture ,
Malaysia ,
Mexico ,
Misappropriation ,
Offshore Drilling ,
Section 7 of UKBA ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Singapore ,
Sovereign Wealth Funds ,
Subsidiaries ,
UK
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
7/29/2016
/ Administrative Proceedings ,
Anti-Corruption ,
Brazil ,
Breach of Contract ,
Bribery ,
China ,
Constitutional Challenges ,
Corporate Counsel ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Subsidiaries ,
Guilty Pleas ,
Internet Service Providers (ISPs) ,
Japan ,
McDonnell v US ,
Medical Devices ,
Mexico ,
Non-Prosecution Agreements ,
OECD ,
Pharmaceutical Industry ,
Russia ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
UK ,
Venezuela ,
Yates Memorandum
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
6/28/2016
/ Anti-Corruption ,
Brazil ,
Bribery ,
Convictions ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Disgorgement ,
Foreign Corrupt Practices Act (FCPA) ,
IRS ,
Scandals ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Tax Deductions ,
Transparency ,
UK
On June 16, 2016, a unanimous Supreme Court blessed the implied false certification theory of False Claims Act (FCA) liability, resolving a circuit split on the theory’s legitimacy. The Court held that implied certification...more
6/20/2016
/ Conditions of Payment ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Implied Certification ,
Material Misrepresentation ,
Materiality ,
Medicaid ,
Qui Tam ,
SCOTUS ,
Universal Health Services Inc v United States ex rel Escobar ,
Unlicensed Medical Providers
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
5/12/2016
/ Anti-Corruption ,
Bribery ,
Canada ,
Casinos ,
China ,
Compliance ,
Corporate Counsel ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Foreign Corrupt Practices Act (FCPA) ,
Kickbacks ,
Panama Papers ,
Real Estate Investments ,
Securities Fraud ,
Self-Reporting ,
UK ,
UK Bribery Act ,
US v Yates ,
Venezuela ,
Young Lawyers
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
4/25/2016
/ Anti-Corruption ,
China ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
Popular ,
Securities and Exchange Commission (SEC) ,
UK ,
Young Lawyers
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary...more
2/19/2016
/ Anti-Corruption ,
Bribery ,
Compliance ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
Governor McDonnell ,
Kickbacks ,
Money Laundering ,
OECD ,
Petrobras ,
Qualcomm ,
SCOTUS ,
Serious Fraud Office (SFO) ,
Spain ,
Transparency
The government and qui tam plaintiffs are increasingly employing statistical sampling in False Claims Act cases, particularly in cases where addressing and analyzing large numbers of allegedly false claims poses substantial...more
Last month, in U.S. ex rel. Drakeford v. Tuomey, No. 13-2219, (4th Cir. July 2, 2015), the Fourth Circuit affirmed a False Claims Act verdict against a nonprofit hospital in Sumter, South Carolina. In an area of the law where...more
8/24/2015
/ Compensatory Damages ,
Eighth Amendment ,
Excessive Fees ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Hospitals ,
Physician Medicare Reimbursements ,
Physicians ,
Punitive Damages ,
Relators ,
Stark Law ,
Tuomey
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month with links to primary...more
On Feb. 25, 2015, the Sixth Circuit became the latest federal court of appeals to weigh in on the scope of the False Claims Act’s public disclosure bar in its decision in United States ex rel. Whipple v. Chattanooga-Hamilton...more
On February 25, 2015, the Sixth Circuit became the latest federal court of appeals to weigh in on the scope of the False Claims Act’s (FCA) public disclosure bar in its decision in United States ex rel. Whipple v....more
3/5/2015