On June 21, 2022 the Supreme Court granted certiorari in Polansky v. Exec. Health Res., 17 F.4th 376 (3d Cir. 2021), allowing the Court to review the Department of Justice’s (“DOJ”) authority to dismiss qui tam suits brought...more
On July 30, 2021, the Special Inspector General for Pandemic Recover (“SIGPR”), Brian D. Miller, submitted his quarterly report to Congress. SIGPR was created as an independent watchdog of the Department of the Treasury...more
8/17/2021
/ CARES Act ,
Coronavirus/COVID-19 ,
Corrective Actions ,
Enforcement ,
False Claims Act (FCA) ,
Fraud ,
Fraud and Abuse ,
Inspector General ,
Jurisdiction ,
Main Street Lending Programs ,
Paycheck Protection Program (PPP) ,
Self-Disclosure Requirements ,
SIGPR ,
U.S. Treasury
Whistleblowers are a common character in investigations into governmental abuse. They famously have exposed covert government surveillance programs, political corruption scandals, and even led to the impeachment of the...more
Federal and state governments are ready to roll out over one trillion dollars in funding in response to the novel coronavirus (COVID-19) pandemic. As past is often prologue, we expect this new round of massive government...more
3/23/2020
/ Coronavirus/COVID-19 ,
Enforcement ,
False Claims Act (FCA) ,
Federal Contractors ,
Financial Crisis ,
Medicaid ,
Medicare ,
Risk Management ,
State Contractors ,
State of Emergency ,
TARP ,
Whistleblowers
We previously reported on the viability of the “implied certification” theory of FCA liability based on oral argument before the Supreme Court in Universal Health Services, Inc. v. U.S. ex rel. Escobar. We concluded that the...more
Yesterday’s argument before the Supreme Court in Universal Health Services, Inc. v. U.S. ex rel. Escobar had the potential to put false claims based on an “implied certification” in the crosshairs. Instead, based on the...more