Just how broad is the scope of the False Claims Act (FCA)? That is the basic question posed in Wisconsin Bell, Inc. v. U.S. ex rel. Heath, No. 23-1127. Put more directly, the case addresses whether reimbursement requests...more
10/24/2024
/ Department of Justice (DOJ) ,
E-Rates ,
False Claims Act (FCA) ,
Fannie Mae ,
FCC ,
Freddie Mac ,
Reimbursements ,
Relators ,
SCOTUS ,
Telecommunications ,
U.S. Treasury ,
Universal Service Fund ,
USAC
Parties litigating False Claims Act (FCA) cases have long struggled with a thorny question around the essential element of scienter (the defendant’s intent, or state of mind): What/how much does a contractor need to know when...more
6/9/2023
/ Contractors ,
False Claims Act (FCA) ,
Federal Contractors ,
Invoices ,
Medicare ,
Personal Knowledge ,
Pharmacies ,
Prescription Drugs ,
Reasonable Interpretations ,
Scienter ,
SCOTUS ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
Most experienced contractors have a healthy fear of the various types of fraud claims: False Claims Act, federal and state wire and mail fraud, common law fraud, etc. They know that enforcement authorities are always looking...more
5/22/2023
/ Bid Solicitation ,
Ciminelli v US ,
Collusion ,
False Claims Act (FCA) ,
Federal Contractors ,
Mail Fraud ,
Management Fees ,
Price-Fixing ,
Right to Control ,
SCOTUS ,
Wire Fraud
Scenario 1: A pharmacy chain hires a value consultant to review its Medicare and Medicaid billing practices for ways to optimize the coding of drug reimbursements to maximize profits. Drugs that had historically been charged...more
2/3/2023
/ Billing ,
CFOs ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Health Care Providers ,
Medicaid ,
Medicare ,
Reasonableness Factors ,
Reimbursements ,
SCOTUS
When Abraham Lincoln signed the False Claims Act (FCA) into law in 1863, it was a legislative reaction to a series of sensational congressional investigations into war profiteers’ sale of phony provisions and useless...more