The SDNY U.S. Attorney’s Office has targeted several labs and their principals for False Claims Act violations arising out of reimbursements for COVID-19 testing services. In a complaint filed on June 13, the government sued...more
Recently, in United States ex rel. Hart v. McKesson Corp., the Second Circuit clarified the standard for acting “willfully” under the federal anti-kickback statute (AKS).
False Claims Act relator Adam Hart alleged that...more
The recent settlement of a False Claims Act case afforded SDNY Judge Ronnie Abrams the opportunity to address the standard for redacting a qui tam Relator’s FCA complaint. Judge Abrams decided that Relator Devin English had...more
3/22/2023
/ Disclosure ,
False Billing ,
False Claims Act (FCA) ,
Judicial Records ,
Misappropriation ,
National Institute of Health (NIH) ,
Qui Tam ,
Redacted Documents ,
Relators ,
Right of Access ,
Voluntary Dismissals ,
Whistleblowers
The Supreme Court granted certiorari in a case that will decide two important questions under the False Claims Act (FCA). In United States ex rel. Polansky v. Executive Health Resources, Inc., the Relator asks the Court to...more
6/22/2022
/ Certiorari ,
False Billing ,
False Claims Act (FCA) ,
Health Insurance ,
Healthcare ,
Medicare ,
Motion to Dismiss ,
Motion To Intervene ,
Regulatory Authority ,
Relators ,
SCOTUS ,
Statutory Violations ,
United States ex rel Polansky v Executive Health Resources Inc
Last week, EDNY Chief Judge Margo Brodie certified a False Claims Act (FCA) appeal to the Second Circuit. In United States ex rel. Quartararo v. Catholic Health System of Long Island Inc., the district court found that...more
Novartis Pharmaceuticals Corp. agreed earlier this month to pay $678 million to settle an SDNY False Claims Act case. The SDNY alleged that Novartis violated the False Claims Act and the Anti-Kickback Statute by giving...more
Compound prescription drugs have increasingly become a target for DOJ health fraud enforcement activities. ...more
The Supreme Court yesterday unanimously decided that a relator may take advantage of the longer ten-year statute of limitations under the False Claims Act in a case in which the United States has declined to intervene, as...more
5/14/2019
/ Appeals ,
Cochise Consultancy Inc v United States ex rel Hunt ,
False Claims Act (FCA) ,
First-to-File ,
Government Officials ,
Intervenors ,
Oral Argument ,
Qui Tam ,
Relators ,
SCOTUS ,
Split of Authority ,
Statute of Limitations
Earlier this week, the Department of Justice Civil Division announced guidelines for factors to consider and credit to be given in False Claims Act investigations and prosecutions....more
The Second Circuit examined the False Claims Act’s “alternate remedy” provision for the first time yesterday, holding that a fugitive who had dismissed his qui tam action was not entitled to a share of a $25.6 million FCA...more
New York City will pay $5.3 million to the United States for fraudulently obtaining FEMA funds related to Superstorm Sandy in a False Claims Act settlement with the Southern District of New York. The City admitted improperly...more
EDNY Judge Nina Gershon analyzed several False Claims Act issues in United States ex rel. Omni Healthcare Inc. v. McKesson Corp., ruling on first-to-file, Rule 9(b), and statute of limitations issues....more
In federal criminal investigations, corporate health care providers have faced a Department of Justice increasingly focused on individuals, one that has limited or foreclosed cooperation credit for corporations not providing...more
12/18/2018
/ Cooperation ,
Corporate Crimes ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Government Investigations ,
Individual Accountability ,
Professional Misconduct ,
White Collar Crimes ,
Yates Memorandum
In United States ex rel. Wood v. Allergan, Inc., the Second Circuit addressed the issue of whether a violation of the False Claims Act’s “first-to-file” rule compels dismissal of an action or whether it can be cured by the...more
9/11/2018
/ Allergan Inc ,
Amended Complaints ,
Anti-Kickback Statute ,
False Claims Act (FCA) ,
First-to-File ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
Pharmaceutical Industry ,
Prescription Drugs ,
Qui Tam ,
Stark Law
EDNY Judge Brian Cogan recently addressed the False Claims Act public disclosure bar and original source rule in a decision based on a qui tam Relator’s claims that defendants marketed a test to measure the levels of a...more
The Department of Justice issued two memoranda at the start of 2018 that may have important effects on health care fraud investigations and prosecutions under the False Claims Act.
...more
False Claims Act whistleblowers expose themselves to significant risks by coming forward and asserting claims of fraud against the government. Often, the whistleblowers, called relators under the False Claims Act, would...more
The Second Circuit recently agreed to accept an interlocutory appeal to decide the question whether a violation of the False Claims Act’s “first-to-file” rule compels dismissal of the complaint or whether it can be cured by...more
9/5/2017
/ Allergan Inc ,
Anti-Kickback Statute ,
False Claims Act (FCA) ,
First-to-File ,
Healthcare Fraud ,
Interlocutory Appeals ,
Medicaid ,
Medicare ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Qui Tam
Last week, the Second Circuit held that a False Claims Act relator does not have to plead details of specific alleged false billings or invoices to the government, as long as he can allege facts leading to a strong inference...more
7/31/2017
/ Ambulance Providers ,
False Billing ,
False Claims Act (FCA) ,
Federal Contractors ,
FRCP 9(b) ,
Medicaid Reimbursements ,
Pleading Standards ,
Qui Tam ,
Relators ,
Retaliation ,
Whistleblowers