News & Analysis as of

False Statements Healthcare

Health Care Compliance Association (HCCA)

‘If Only She Could Have Been Stronger’: Miami Trial Fraud Leads to Prison, Personal Loss

In September 2015, while working in an office on the grounds of Mercy Hospital in Miami, Ivette Maria Portela Martinez learned about an upcoming clinical trial for treatment of symptoms of Clostridium difficile infections and...more

Smart & Biggar

Health Canada and the Competition Bureau commit to information sharing to combat false, misleading or deceptive health claims

Smart & Biggar on

On March 7, 2024, Health Canada published a Memorandum of Understanding (MOU) with the Competition Bureau (together, Participants) to advance their mutual interests and develop a framework of cooperation to assist in...more

Akerman LLP - Health Law Rx

Teva FCA Decision Sheds Light on Varying Interpretations of the Elements of an FCA Claim

How could alleged kickbacks threaten to render insolvent a publicly traded company with assets (taken from its latest SEC filing) in excess of $43 billion? The answer stems from a recent decision by the United States District...more

Robinson+Cole Health Law Diagnosis

A COVID-19 Laboratory Testing Conviction under EKRA

Mark Schena, the President of Arrayit Corporation, has been found guilty by a jury for violations of the Eliminating Kickbacks in Recovery Act (EKRA), healthcare fraud, wire fraud, and securities fraud....more

Harris Beach PLLC

Summary of Fraud and Abuse Enforcement Yields Insight for Health Care Compliance and Risk Assessment

Harris Beach PLLC on

The following is a summary of the federal Health and Human Services agency’s Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported are based...more

Morrison & Foerster LLP

Theranos: The Limits of the “Fake It Till You Make It” Strategy

In the case that tested the limits of the “fake it till you make it” approach to a startup business, on January 3, 2022, a jury in the U.S. District Court for the Northern District of California convicted Elizabeth Holmes,...more

CMCP - California Minority Counsel Program

OMNICARE and its Implications

In the spring of this year, the Supreme Court issued its long-awaited decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 135 S.Ct. 1318 (2015), resolving a circuit split regarding the...more

Baker Donelson

Operative Reports May Lead to False Statement Prosecution

Baker Donelson on

You are a hardworking surgeon who is committed to providing quality care to all of your patients, including your Medicare beneficiaries. Because you are so busy, you routinely dictate your pre-operative and post-operative...more

Saul Ewing Arnstein & Lehr LLP

Federal court confirms broad reading of “willfully” in health care false statements cases: Ignorance of the law is no defense

In Brief - The First Circuit recently confirmed that in prosecutions for false statements in health care matters, a defendant does not have to know that making the statement is illegal to be found to have acted...more

Saul Ewing LLP

White Collar Watch - July 2013

Saul Ewing LLP on

In This Issue: - Factors in Forfeiture: Eleventh Circuit Rules in Seizure of Rothstein Ponzi Assets - Health Care False Statement Statute Serves as Backstop for Government In Nearly Failed Prosecution -...more

Mintz

Federal Court Rules That Issuers Face Strict Liability for Erroneous Statements About Legal Compliance in Registration Statements,...

Mintz on

A recent federal appeals court decision addressing pleading standards for shareholder suits under Section 11 of the Securities Act of 1933, as amended, highlights the potential dangers of giving broad assurances of legal...more

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