United States ex rel. Polansky v. Executive Health Resources, Inc. (S. Ct. June 16, 2023) -
The vast majority of False Claims Act cases are initiated by private parties, known as relators, not the government. In fact,...more
6/28/2023
/ Department of Justice (DOJ) ,
EHR ,
False Claims Act (FCA) ,
Federal Jurisdiction ,
FRCP 41 ,
Healthcare Fraud ,
Medicare ,
Qui Tam ,
Relators ,
SCOTUS ,
United States ex rel Polansky v Executive Health Resources Inc
On April 21, the Third Circuit Court of Appeals affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department of Transportation...more
4/26/2023
/ Construction Industry ,
Construction Project ,
Criminal Prosecution ,
DBE Program ,
Department of Transportation (DOT) ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Funding ,
Goods or Services ,
Infrastructure ,
Subcontractors ,
White Collar Crimes ,
Wire Fraud
There are many concerns that can keep private equity (PE) firms’ management teams up at night. Economic headwinds, geopolitical instability, and supply chain problems can change the fortunes of a PE firm and its portfolio...more
Before the government decides whether to intervene in a qui tam action, it is obligated by statute to investigate a whistleblower’s allegations. See 31 U.S.C §?3730(a). But, in the course of that investigation, may the...more
3/5/2020
/ Anti-Kickback Statute ,
Audio Recording ,
Discovery ,
Distributors ,
Evidence ,
False Claims Act (FCA) ,
Government Investigations ,
Internal Communications ,
Intervening Acts ,
Kickbacks ,
Motion to Dismiss ,
Physicians ,
Qui Tam ,
Rules of Professional Conduct ,
Secret Recordings ,
Statutory Violations ,
Whistleblowers
On September 9, in a setback for AseraCare but an overall win for hospice providers, the Eleventh Circuit affirmed a Northern District of Alabama decision to grant a new trial in a False Claims Act (FCA) case against...more
9/13/2019
/ Bifurcation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Expert Witness ,
False Billing ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Fraud ,
Hospice ,
Insurance Fraud ,
Life Sciences ,
Medicare ,
Objective Falsity ,
Physician Medicare Reimbursements ,
Physicians ,
Professional Liability ,
Remand ,
Scienter ,
Statistical Analysis ,
Sua Sponte ,
Terminal Illness Treatments ,
Whistleblowers
On June 18, the Third Circuit affirmed a District of Delaware decision dismissing a False Claims Act (FCA) case against Medco Health Solutions, Inc. because the relator was not an original source of the information underlying...more
In an unanimous decision in Cochise Consultancy, Inc. v. United States ex rel. Hunt, the U.S. Supreme Court settled a circuit split and gave qui tam relators more time to file actions alleging violations of the False Claims...more
6/11/2019
/ 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
The Northern District of Illinois is the latest court to grant a defendant’s motion to dismiss in a False Claims Act (FCA) case, after the relator failed to meet the substantial pleading burden established in the U.S. Supreme...more
3/22/2019
/ False Billing ,
False Claims Act (FCA) ,
FRCP 9(b) ,
Healthcare Fraud ,
Hospira ,
Materiality ,
Medical Devices ,
Medicare ,
Motion to Dismiss ,
Pfizer ,
Relators ,
Universal Health Services Inc v United States ex rel Escobar
On December 17, the U.S. Department of Justice, in an unprecedented application of its statutory authority under section 3730(c)(2)(A) of the False Claims Act, moved to dismiss 11 qui tam complaints pending in district courts...more
12/20/2018
/ Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Government Investigations ,
Health Care Providers ,
Kickbacks ,
Medical Reimbursement ,
Pharmaceutical Industry ,
Qui Tam ,
White Collar Crimes
To dismiss a case based on the public disclosure bar, the defense will have to establish that the allegations of fraud already were exposed in the news media or certain federal sources of information.
Pharmaceutical,...more