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Civil Rights Laws and False Claims Act: What Colleges and Universities Need to Know Now

The U.S. Department of Justice (DOJ) announced on May 19, 2025, that it would use the False Claims Act (FCA) against institutions and contractors receiving federal funding that "knowingly" violate federal civil rights laws...more

Contractors and Grant Recipients Beware: False Claims Act Risk in Termination Settlements

A significant number of government contracts and grants have been terminated recently by federal agencies pursuant to the U.S. Department of Government Efficiency's (DOGE) "cost efficiency initiative" and review of "covered...more

Government Contracts Enforcement: DOJ Publishes FY 2024 False Claims Act Statistics

The U.S. Department of Justice (DOJ or the Department) has published statistics on False Claims Act (FCA) settlements and judgments for fiscal year (FY) 2024, a year in which the Department saw the highest number of qui tam...more

Ringing the (Jingle) Bell: Whistleblower Program 2024 Recap

Whistleblower programs are the gifts that keep giving to enforcement agencies, driving a record number of cases, sanctions and awards across multiple agencies. In this ninth installment of Season's Readings, we revisit some...more

DOJ Brings Suit Against University Under Its Civil Cyber-Fraud Initiative

Late last week, the U.S. Department of Justice (DOJ) filed its complaint-in-intervention in a qui tam lawsuit against the Georgia Institute of Technology (Georgia Tech), alleging that the university failed to meet certain...more

Government Contracts Enforcement: DOJ Publishes FY 2023 False Claims Act Statistics

The U.S. Department of Justice (DOJ or Department) has published statistics on False Claims Act (FCA) settlements and judgments for fiscal year (FY) 2023, noting that this was the highest number of settlements and judgments...more

U.S. Supreme Court Rules on False Claims Act Dismissals

The U.S. Supreme Court ruled in U.S. ex rel. Polansky that the federal government has the authority to dismiss a False Claims Act (FCA) suit at any stage of litigation, even over a relator's objections, so long as the...more

U.S. Supreme Court Unanimously Rules on False Claims Act Subjective vs. Objective Standard

The U.S. Supreme Court on June 1, 2023, unanimously settled a pivotal dispute over the subjective versus objective standard for scienter under the False Claims Act (FCA). In this case, U.S. ex rel. Schutte v. SuperValu Inc.,...more

"Hard Cases:" Supreme Court Hears Arguments on FCA Scienter Issue

The U.S. Supreme Court on April 18, 2023, heard oral arguments on a critical issue in False Claims Act (FCA) cases – the defendant's state of mind (i.e., scienter). The statute ascribes liability to anyone who "knowingly"...more

DOJ's Annual False Claims Act Statistics: Relators Forging Ahead with Success

The U.S. Department of Justice (DOJ) on Feb. 7, 2023, released its annual statistics for its civil False Claims Act (FCA) and fraud cases from the 2022 fiscal year (FY). Up front, we see the following key takeaways ...more

False Claims Act Damages: D.C. Circuit Says Government Cannot Keep Going Back to the Well

False Claims Act (FCA) cases, particularly in the government contracts space, often have several defendants; prime contractors, subcontractors, vendors and individuals are all common targets. In healthcare FCA cases, with...more

New Administration: Expect More "Rigorous" Corporate Criminal Enforcement

New Deputy Attorney General Lisa Monaco on October 28, 2021, previewed the U.S. Department of Justice's (DOJ) enhanced stance on corporate crime. Monaco announced the formation of a Corporate Crime Advisory Group, which will...more

Free Relief Money or a Potential False Claim?

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides for billions of dollars in relief funds to healthcare providers responding to the coronavirus (COVID-19) pandemic. In April 2020, the U.S. Department...more

Ineligible PPP Borrowers Granted Safe Harbor Period to Return Money by May 7

The U.S. Small Business Administration (SBA) has issued a supplemental interim final rule regarding the Paycheck Protection Program (PPP) to buttress its supplemental guidance issued on April 23, 2020. In these, SBA warned...more

DOJ and State Government Agencies Focus on Antitrust Violations in Government Procurement

The U.S. Department of Justice (DOJ) has a renewed focus on government contracting and, more specifically, anti-competitive behavior in federal procurement. As mentioned in a prior blog post, the DOJ's Antitrust Division...more

False Claims Act Statute of Limitations: Relators Now Get Up to 10 Years to File Suit

• The U.S. Supreme Court's much-anticipated decision in Cochise Consultancy, Inc. et al. v. United States ex rel. Hunt, issued on May 13, 2019, holds that whistleblowers have more time to bring their qui tam suits. • The...more

Post-Script on Cooperation Credit in False Claims Act Cases

DOJ Releases Guidance on Cooperation Credit in False Claims Act Cases - The U.S. Department of Justice (DOJ) released guidelines for evaluating self-disclosures and awarding cooperation credit in False Claims Act (FCA)...more

Cooperation Credit in False Claims Act Cases

Companies facing liability under the False Claims Act (FCA) often desire early resolution with the Department of Justice (DOJ) through settlement. Hand in hand with the decision to settle comes the decision of whether or not...more

Self-Disclosure and the FCA Statute of Limitations: Cochise Consultancy, Inc. v. United States v. ex rel. Billy Joe Hunt

The United States Supreme Court heard oral arguments in the case mentioned in our prior blog post, Cochise Consultancy v. United States, ex rel. Hunt, 887 F. 3d 1081 (11th Cir. 2018). The main question before the Supreme...more

DOJ Releases 2018 False Claims Act Report and Statistics

In December 2018, the U.S. Department of Justice (DOJ) released its annual statistics for its civil False Claims Act (FCA) and fraud cases from the fiscal year ending Sept. 30, 2018 (fiscal year 2018). The DOJ reports it...more

Granston Memo in Action: DOJ Successfully Exercises Authority to Dismiss Meritless Qui Tam

A recent dismissal of a qui tam action demonstrates there exists an affirmative approach for disposing of wasteful and meritless non-intervened qui tam claims without the time and expense of protracted litigation with...more

Self-Disclosure and the FCA Statute of Limitations

Most practitioners are aware that the statute of limitations under the False Claims Act (FCA) is six years after the date on which the violation is committed. 31 U.S.C. § 3731(b)(1). That is, unless the FCA’s tolling...more

The Government Never Dies: Ninth Circuit Upholds Government Action Rule Dismissal - Appellate Court Affirms District Court's...

• A key ruling by the U.S. Court of Appeals for the Ninth Circuit will block qui tam relators from bringing copycat False Claims Act suits. • In United States ex rel. Max Bennett v. Biotronik, Inc., the Ninth Circuit held...more

The Expanding False Claims Act Materiality Requirement

There is a renewed focus on the government’s activities for purposes of the False Claims Act (FCA) materiality analysis and as demonstrated by a number of recently issued decisions, the roster of relevant government actors is...more

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