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False Claims Act (FCA) Educational Institutions

Foley Hoag LLP

Foley Hoag 2024 White Collar Year In Preview Series

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The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing...more

Dorsey & Whitney LLP

Some Serious Strings Attached: Sponsored Research Funding, Adequate Accounting Systems, and False Claims Act Exposure

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The federal government awards billions of dollars each year in sponsored research funding to institutions of higher education, academic research institutions, non-profit organizations, and companies—making federal grants an...more

Benesch

The “China Initiative” Just Won’t Die - Recent DOJ Settlement Highlights the Lasting Effect of Trump-Era Policy on Health Care...

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In 2022, the United States Department of Justice (“DOJ”) announced its decision to shut down the “China Initiative”—the controversial program used to investigate and prosecute academics, health care workers, and...more

Troutman Pepper

California AG Bonta Upholds $21M Penalty Against Ashford University Over GI Bill Errors

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In a recent ruling, the California Court of Appeal largely affirmed a lower court’s decision from March 2022, finding that Ashford University (now known as University of Arizona Global Campus), an online, for-profit college,...more

Society of Corporate Compliance and Ethics...

[Event] Higher Education & Healthcare Research Compliance Conference - June 10th - 12th, New Orleans, LA

Don’t miss our annual conference devoted to higher education and research compliance - Attend the Higher Education & Healthcare Research Compliance Conference June 10–12, 2024 and hear from experienced professionals on a...more

Health Care Compliance Association (HCCA)

DOJ: Stanford FCA Case Involved Failures to Disclose Foreign Support From Seven Countries

Report on Research Compliance 20, no. 11 (November, 2023) It wasn't just China. China is among the countries whose support for Stanford University investigators wasn’t reported to five federal research funding agencies,...more

Health Care Compliance Association (HCCA)

NSF Suspends 18 Awards, Receives Repayments Related to Foreign Ties, Research Misconduct

One university lost 14 awards; another, four. An investigator was suspended governmentwide. A public institution paid back more than $850,000, while two others returned nearly a million dollars....more

WilmerHale

Weekly COVID-19 Oversight & Enforcement Report - April #4

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Pressure is increasing on the Biden Administration to release the delayed Emergency Temporary Standard (ETS) to protect workers from COVID-related risks. On April 26, Representatives Debbie Dingell (D-MI), Rashida Tlaib...more

Husch Blackwell LLP

50-State Update On COVID-19 Business Liability Protections - UPDATED March 2021

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A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more

Jackson Lewis P.C.

Paycheck Protection Program: Government Enforcement, Oversight

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Nearly one year ago, in response to the COVID-19 pandemic and related economic downturn, the Small Business Administration-backed Paycheck Protection Program (PPP) provided loans to help businesses keep their workforce...more

King & Spalding

Heightened Focus on Foreign Influence in Academia

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Department of Education Report Warns that Academic Institutions Are Failing to Meet Compliance Obligations in Fight Against Foreign Influence Last month the Department of Education (“DOE” or “Department”) released an...more

Goodwin

False Claims Act Risks In U.S. Higher Education

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The federal False Claims Act (FCA) has long been a powerful tool for the U.S. Department of Justice (DOJ) — or private whistleblowers bringing suit on the DOJ’s behalf — to investigate and police activity financed with...more

Morgan Lewis

Higher Education Community Faces Federal Scrutiny of Financial Ties to China

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Both individuals and higher education institutions could face criminal and civil liability if they are not in compliance with federal law in the administration of federal grants and expenditure of federal research dollars, as...more

Saul Ewing LLP

Hamilton v. Yavapai Community College District: District of Arizona Addresses FCA's State of Mind Requirement

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Participants in federal programs take note: the government’s specific representations that a program is compliant may help insulate you from False Claims Act liability. But, be wary of general guidance, which may not offer...more

Bricker Graydon LLP

Duke University to pay $112 million in research fraud settlement

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On March 25, 2019, the Department of Justice (DOJ) announced that Duke University agreed to settle a qui tam False Claims Act case for $112.5 million. The whistleblower, who pursued the case on the government’s behalf when...more

Robinson+Cole Health Law Diagnosis

Ninth Circuit Issues Long-Awaited Interpretation of Escobar Two-Part Test

In late August, the U.S. Court of Appeals for the Ninth Circuit issued a long-awaited decision in U.S. ex rel. Rose v. Stephens Institute that interprets key aspects of the implied false certification theory of False Claims...more

Jones Day

False Claims Act Alert: Federal Grant Reporting Serves as Basis for FCA Action

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On February 16, 2018, the University of North Texas settled with the Department of Justice for more than $13 million based upon a self-reported failure to accurately measure, track, and pay researchers for effort spent on...more

Stinson LLP

Ninth Circuit Clarifies Tribal Arm Sovereign Immunity Factors

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The Ninth Circuit, in U.S. ex rel. Fawn Cain et al. v. Salish Kootenai College Inc. et al., recently reversed a lower court's dismissal of a False Claims Act lawsuit by former Salish Kootenai College employees. The False...more

Hogan Lovells

The District of Oregon Rules That the United States May Not Pursue False Claims Act Litigation Against State Entities

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On April 11, 2017, the United States District Court for the District of Oregon held that the United States may not pursue False Claims Act (FCA) litigation against an arm of the State and dismissed the FCA claims in the...more

BakerHostetler

Courts’ Consistent Application of Stevens to State Institutions of Higher Learning

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The United States Supreme Court recently declined review of the First Circuit Court of Appeals’ ruling that the University of Massachusetts Medical School was an “arm of the state,” and thus, not subject to the federal False...more

Saul Ewing LLP

Universities and Colleges Must be Vigilant When Certifying Student Loans

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In Jackson v. Univ. of N. Texas, et. al., the University of North Texas (“UNT”) and various student loan companies faced allegations of improper oversight of student loan certifications and claims submissions in violation of...more

McCarter & English, LLP

Universities Are Prime Targets for False Claims Act Liability

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Colleges and universities receive billions of dollars in federal funds, whether through research grants or student financial aid, or even by billing Medicare or Medicaid for services rendered at academic medical centers. As a...more

Carlton Fields

Whistleblowers on Campus: DOJ Adds Research Universities to its False Claims Act Focus

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Federal funding is the grand prize for higher education research institutions. Each year, the federal government pumps hundreds of millions of dollars in research grants and awards into the university system. These funds are...more

Saul Ewing LLP

Construction Law Advisory - October 2015

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The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors. In August 2015, the Attorney...more

Saul Ewing Arnstein & Lehr LLP

For-Profit Educator Settles FCA Allegations of Issuing Fake Diplomas to Tap Federal Funds

For-profit education company Education Affiliates (EA) paid $13 million to the federal government in June to settle multiple False Claims Act (FCA) suits involving alleged fake test scores, bogus diplomas, and falsified...more

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