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Investigations Newsletter: Surgeon To Pay Up to $43 Million for FCA Fraud

Surgeon To Pay Up to $43 Million for FCA Fraud - A Michigan vascular surgeon, Vasso Godiali, was sentenced to 80 months in prison for defrauding health care programs in connection with his submission of false claims for...more

Investigations Newsletter: Federal Judge Affirms $487 Million Judgment Against Medical Device Distributor for FCA Violations

Federal Judge Affirms $487 Million Judgment Against Medical Device Distributor for FCA Violations - On May 12, 2023, US District Judge Wilhelmina M. Wright of the District of Minnesota affirmed the entry of a $487 million...more

Investigations Newsletter: Recent Interview With FCA Plaintiff Bar Attorneys Offers Key Insight into Trends in Anti-Kickback...

Recent Interview With FCA Plaintiff Bar Attorneys Offers Key Insight into Trends in Anti-Kickback Litigation - During a recent interview commemorating the 50th anniversary of the enactment of the Anti-Kickback Statute, two...more

Investigations Newsletter: Anticipated Landmark Supreme Court Decision May Be Anything But

Anticipated Landmark Supreme Court Decision May Be Anything But On - April 18, 2023, the US Supreme Court heard oral arguments in a set of highly anticipated cases regarding the scienter—or knowledge—provision of the False...more

Investigations Newsletter: Supreme Court to Hear US Government in FCA Scienter Oral Argument

Supreme Court to Hear US Government in FCA Scienter Oral Argument - On March 20, 2023, the US Supreme Court agreed to allow the federal government to participate in oral argument in the Supreme Court’s review of the...more

Investigations Newsletter: DOJ Files FCA Complaint Against Major Pharmacy Retailer Based on Alleged Violations of Controlled...

DOJ Files FCA Complaint Against Major Pharmacy Retailer Based on Alleged Violations of Controlled Substances Act - On March 13, 2023, the Department of Justice (DOJ) announced that it filed a complaint in intervention...more

Investigations Newsletter: SCOTUS Denies Cert In Cases Addressing FCA Pleadings Requirements

SCOTUS Denies Cert In Cases Addressing FCA Pleadings Requirements - On Monday, October 17, 2022, the US Supreme Court rejected three petitions asking the Court to resolve a circuit split regarding the Rule 9(b)...more

Investigations Newsletter: DC Circuit Adopts Pro Tanto Approach to False Claims Act Settlement Offsets

DC Circuit Adopts Pro Tanto Approach to False Claims Act Settlement Offsets - In an opinion issued on August 30, 2022, the US Court of Appeals for the DC Circuit held in United States v. Honeywell International, Inc., ---...more

Investigations Newsletter: Lens Manufacturer Agrees To Pay $16.4 Million To Resolve Alleged Violations of the False Claims Act and...

Lens Manufacturer Agrees To Pay $16.4 Million To Resolve Alleged Violations of the False Claims Act and Anti-Kickback Statute - Essilor International, Essilor of America, Inc., Essilor Laboratories of America Inc., and...more

Investigations Newsletter: Ramesh “Sunny” Balwani, Former Theranos President and COO, Found Guilty on All Twelve Fraud Counts in...

Ramesh “Sunny” Balwani, Former Theranos President and COO, Found Guilty on All Twelve Fraud Counts in High-Profile Trial - On July 7, 2022, a federal jury in the Northern District of California found Ramesh “Sunny”...more

DC Circuit Narrowly Interprets False Claims Act’s “Government-Action Bar”

On May 17, 2022, the US Court of Appeals for the DC Circuit issued an opinion in a False Claims Act suit, narrowly interpreting the so-called “government-action bar.” The government-action bar, 31 USC § 3730(e)(3), forecloses...more

Federal Contractors Beware: Firm-Fixed-Price Contract Negotiations & FCA Liability

Federal Contractors Beware: Sixth Circuit Recognizes False Claims Act Exposure Based on Allegedly Inflated Labor Cost Estimates Leading To Firm-Fixed-Price Contract. On May 16, 2022, the US Court of Appeals for the Sixth...more

Investigations Newsletter: Hearing Aid Company Agrees To Pay $34.37 Million To Settle Claims That It Submitted False Claims to the...

Hearing Aid Company Agrees To Pay $34.37 Million To Settle Claims That It Submitted False Claims to the Federal Employees Health Benefits Program - On Friday, April 29th, DOJ announced a $34.37 million settlement with...more

Investigations Newsletter: DOJ and Treasury Announce Multilateral Russian Oligarch Task Force Called “REPO” 

DOJ and Treasury Announce Multilateral Russian Oligarch Task Force Called “REPO” - On March 16, 2022, Attorney General Merrick Garland and Secretary of the Treasury Janet Yellen met with representatives from Australia,...more

Investigations Newsletter: DOJ Civil Cyber-fraud Initiative Obtains First Settlement 

Headlines that Matter for Companies and Executives in Regulated Industries. DOJ Civil Cyber-fraud Initiative Obtains First Settlement - The Department of Justice announced on Tuesday, March 8th, that Comprehensive...more

DOJ Notches Key Win for Civil Cyber-Fraud Initiative: Court Holds That Cyber Security Compliance May Be Material Under the False...

On February 1, 2022, a federal court in California issued the first major ruling in a False Claims Act case testing the Department of Justice’s newly minted Civil Cyber-Fraud Initiative, notching a win for the government. In...more

Investigations Newsletter: Sixth Circuit Rules That Statute of Limitations for FCA Retaliation Claims Is Triggered by Decision To...

Sixth Circuit Rules That Statute of Limitations for FCA Retaliation Claims Is Triggered by Decision To Terminate, Not Notice of Termination - On Wednesday, January 12, 2022, the Sixth Circuit held in El-Khalil v. Oakwood...more

Investigations Newsletter: DOJ Files Complaint in AWP False Claims Act Suit Against Pharmaceutical Ingredient Seller 

DOJ Files Complaint in AWP False Claims Act Suit Against Pharmaceutical Ingredient Seller - On November 8, 2021, the Department of Justice (DOJ) announced that it intervened in a qui tam suit and filed a False Claims Act...more

False Claims Amendments Act: Groundbreaking or Ineffectual?

On July 26, 2021, a bipartisan group of senators, led by Sen. Charles E. Grassley (R-Iowa), introduced the False Claims Amendments Act of 2021, a bill that would amend the False Claims Act (FCA) in several ways. Four key...more

Diabetic Testing Supplier Agrees to $160 Million Penalty to Resolve False Claims Act Charges

On August 2, 2021, the Department of Justice (DOJ) announced that Arriva Medical LLC (Arriva), once the nation’s largest Medicare mail-order diabetic testing supplier, and its parent company, Alere Inc., have agreed to...more

Investigations Newsletter: DOJ Intervenes Against Skilled Nursing Facilities in FCA Suit

On June 15, 2021, the Department of Justice (DOJ) filed a False Claims Act (FCA) suit against Paksn Inc., Prema Thekkek and one of its owners, and seven skilled nursing facilities (SNFs) owned by Thekkek and/or operated by...more

Investigations Newsletter: Pharmaceutical Company Agrees to Pay $12.6 Million to Settle FCA Allegations Involving Kickbacks

Pharmaceutical Company Agrees to Pay $12.6 Million to Settle FCA Allegations Involving Kickbacks - On Tuesday, the Department of Justice announced a $12.6 million settlement with Incyte Corporation, a Delaware...more

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