The day-to-day operations of healthcare and the Rules of Evidence might seem unrelated, but in today’s enforcement environment, legal and compliance professionals can find, in evidentiary rules, best practices for creating a...more
On January 12, 2021, the Eastern District of California entered into a civil settlement with a Paycheck Protection Program (“PPP”) borrower and its CEO to resolve allegations of fraud. The settlement stemmed from a $350,000...more
1/15/2021
/ CARES Act ,
Chapter 11 ,
Commercial Bankruptcy ,
Criminal Prosecution ,
Enforcement Actions ,
False Claims Act (FCA) ,
FIRREA ,
Fraud ,
Paycheck Protection Program (PPP) ,
Qui Tam ,
Settlement
The United States government has an arsenal of agencies and civil and criminal statutes at its disposal to choose from in investigating and combatting healthcare fraud. A recent federal indictment discussed below exemplifies...more
12/20/2019
/ Anti-Kickback Statute ,
Bribery ,
Criminal Investigations ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
False Statements ,
Government Investigations ,
Healthcare Fraud ,
Indictments ,
Kickbacks ,
Safe Harbors ,
SDVOSB ,
Statutory Penalties ,
Treble Damages ,
Veterans Administration
The United States Department of Justice this month released a revised and consolidated set of guidelines for determining cooperation credit for organizations facing exposure under the False Claims Act. The consolidated...more
For most individuals and organizations, it does not get much worse than the threat of a criminal conviction. But for recipients of Federal funds—whether providers, grantees, or contractors—a federal criminal conviction is...more
9/25/2018
/ Collateral Estoppel ,
Criminal Prosecution ,
Estoppel ,
False Claims Act (FCA) ,
Federal Funding ,
Federal Grants ,
Plea Agreements ,
SBIRs ,
STTR ,
Suspensions & Debarments ,
Wire Fraud
In recent weeks, the United States Department of Justice (“DOJ”) issued two memoranda that might change the calculus of False Claims Act (“FCA”) cases. The memoranda at a minimum provide organizations with new—or at least...more
In a unanimous decision on June 16, 2016, the Supreme Court charted a middle course between competing interpretations of the scope of False Claims Act. Universal Health Servs., Inc. v. United States ex rel. Escobar, Case No....more