Steven Kaufmann

Steven Kaufmann

Morrison & Foerster LLP

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4 Steps For Avoiding FCA Traps For SBA Lenders

Recent U.S. Department of Justice enforcement and qui tam suits demonstrate that Small Business Administration lenders face increasing risk of liability under the False Claims Act. This article provides an overview of SBA...more

8/24/2016 - DOJ False Claims Act (FCA) Internal Reporting Lenders Loans Qui Tam Risk Mitigation SBA Small Business

Statistical Sampling Debate: A Growing Web Of FCA Cases

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

1/26/2016 - Burden of Proof Corporate Counsel Damages False Claims Act (FCA) Litigation Strategies Qui Tam Statistical Sampling Threshold Requirements

Navigating The Circuit Split On Implied False Certification

The U.S. courts of appeals disagree along two, perhaps three, lines over both the scope and validity of the doctrine of implied false certification under the False Claims Act. These divergences mean that motion practice and...more

11/18/2015 - False Claims Act (FCA) False Implied Certification Theory Government Contractors Implied Certification Petition for Writ of Certiorari Qui Tam SCOTUS

Legislation Introduced to Modify CFPB Structure: Will It Gain Traction?

Earlier this month, a year after the House passed a bill to change the structure of the Consumer Financial Protection Bureau (CFPB), Rep. Randy Neugebauer (R-Tex.) again introduced legislation that would modify the structure...more

3/18/2015 - Administrative Appointments CFPB Proposed Legislation

Narrowing Of FCA Public Disclosure Bar Continues

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

3/11/2015 - False Claims Act (FCA) Government Investigations Healthcare Fraud Hospitals Medicare Public Disclosure Qui Tam

The FCA and the Ever-Narrowing Public Disclosure Bar

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

Individual Liability: What’s Behind The Headlines?

It’s been open season on financial institutions since the 2008-2009 financial crisis (“Financial Crisis”). State and federal prosecutors and regulators are competing with each other for press coverage of their latest consent...more

7/15/2014 - Banking Crisis Banking Sector C-Suite Executives CFPB Civil Monetary Penalty Consent Order Corporate Officers D&O Insurance Directors DOJ FDIC Financial Conduct Authority (FCA) FinCEN FIRREA Individual Accountability Judge Rakoff Legislative Agendas Liability Insurance Personal Liability

Compliance Overseers Under Financial Regulatory Fire

In the wake of the financial crisis, federal and state regulators are increasingly taking action against individuals for alleged compliance lapses inside financial services companies, and recent reports indicate that...more

5/14/2014 - Chief Compliance Officers Compliance Enforcement Actions Financial Regulatory Reform Personal Liability

Financial Regulatory Enforcers Expanding Claims Against Individuals

In the wake of the financial crisis, federal and state regulators are increasingly taking action against individuals for alleged compliance lapses inside financial services companies, and recent reports indicate that...more

5/1/2014 - Chief Compliance Officers Compliance Corporate Officers Enforcement Enforcement Actions Personal Liability

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