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SDNY Sues Labs For Fraudulent COVID-19 Testing Under False Claims Act

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

Second Circuit Defines “Willfulness” Standard Under Anti-Kickback Statute

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

SDNY Decision Denies Motion to Redact FCA Complaint: By Filing, Relator Took Calculated Risk of the Negative Consequences of...

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

Supreme Court To Decide Standard For Government Dismissal Of False Claims Act Cases

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

EDNY Certifies Interlocutory Appeal of False Claims Case To Second Circuit

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 Agrees To $678 Million False Claims Act Settlement With SDNY For Sham Speaker Programs

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

Supreme Court Unanimously Decides Relator May Use Ten-Year Limitation Period In Declined FCA Case

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

DOJ Outlines Guidance For Cooperation Credit in False Claims Act Cases

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

Fugitive Relator’s Alternate Remedy Claim For Part Of $25.6 Million FCA Settlement Fails In Second Circuit

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

NYC Admits FEMA Fraud From Superstorm Sandy In $5.3 Million False Claims Act Settlement

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 False Claims Act Overfill Decision Highlights Importance of Timely Naming All Defendants

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

Need For Discretion In Civil DOJ Cases Drives Rosenstein To Modify Yates Memorandum Individual Accountability Policy

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

Second Circuit Answers First-To-File Question: Amended Complaint Cannot Save Later-Filed FCA Action

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

EDNY Decision Highlights False Claims Act Public Disclosure Bar, Original Source Rule

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

DOJ Memoranda Encourage Dismissal of Declined False Claims Act Cases and Prohibit Government Reliance on Noncompliance with Agency...

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

Medicaid Fraud Whistleblower Loses Bid To Keep His Name Out Of The Public Eye

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

Second Circuit Accepts Appeal of False Claims Act First-To-File Issues

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

Second Circuit Sets False Claims Act Pleading Standard For Claim Information

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

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