News & Analysis as of

Department of Justice (DOJ) Biden Administration False Claims Act (FCA)

Berkshire

DOJ Launches Civil Rights Fraud Initiative to Investigate DEI Initiatives of Federal Fund Recipients and Contractors

Berkshire on

The Department of Justice (DOJ) confirmed this week that it will be using the False Claims Act (FCA) to investigate recipients of federal funds that the agency determines have certified compliance with federal...more

Benesch

Paycheck Protection Program (“PPP”) Loan Fraud: A Survey & Analysis of Recent Civil & Criminal Enforcement Outcomes

Benesch on

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law enacted in or around March 2020 designed to provide emergency financial assistance to the millions of Americans who were suffering the...more

Mintz - Health Care Viewpoints

DOJ Releases COVID-19 Fraud Enforcement Task Force Report Touting Its Successes and Urging Lawmakers to Enact New Legislation

The government’s continued dedication of resources to investigating and prosecuting fraud against COVID-19 pandemic relief programs appears to have borne fruit according to the results of the COVID-19 Fraud Enforcement Task...more

Mintz

EnforceMintz — COVID-19 Fraud Enforcement Unlikely to Slow Down in 2024

Mintz on

The government continued to dedicate enormous resources to investigating and prosecuting fraud against COVID-19 pandemic relief programs in 2023. While we observed some civil False Claims Act settlements, criminal enforcement...more

Sheppard Mullin Richter & Hampton LLP

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although...more

Foley & Lardner LLP

Health-Care Fraud Scrutiny Heats Up For Companies, Providers

Foley & Lardner LLP on

This year will see a continued proliferation of enforcement against health-care fraud, with old and new theories. Some hot spots for enforcement will involve cases about new technologies; data outliers; entities perceived as...more

Jenner & Block

Justice Department Issues First-Ever Comprehensive Environmental Justice Enforcement Strategy Report

Jenner & Block on

On October 13, 2023, the U.S. Department of Justice’s Office of Environmental Justice (OEJ) released its Comprehensive Environmental Justice Enforcement Strategy Report (Report). The Report outlines what OEJ considers to be...more

Bass, Berry & Sims PLC

Buy America Update: BAA Requirements Make Compliance Complex, Yet Necessary

Bass, Berry & Sims PLC on

Whether through the vaccine mandate, minimum wage increase, emissions disclosure rules, or now with Buy America (BA) rules, the Biden administration has long used the government contracting community to advance its domestic...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2023 #2

PilieroMazza PLLC on

Debt Ceiling and Spending Deal: H.R. 3746 – Fiscal Responsibility Act of 2023 - The Fiscal Responsibility Act of 2023, signed by President Biden on June 3, 2023, increases the federal debt limit, establishes new...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – March 2023 #2

PilieroMazza PLLC on

LITIGATION & DISPUTE RESOLUTION - The FCA at the Supreme Court, Part 2 of 4: Addressing the Standard for Knowingly Submitting a False Claim - The False Claims Act (FCA) is seeing quite a bit of action at the Supreme...more

Goodwin

Whistleblower Lawyers Use False Claims Act to Target Private Equity Firms Invested In Healthcare and Life Sciences

Goodwin on

Recent developments demonstrate that sponsor-backed companies in the healthcare and life sciences sectors, and in some instances private equity firms and professionals, have entered a new era of heightened regulatory scrutiny...more

ArentFox Schiff

DOJ Announces Environmental Justice Office and Focused Enforcement Initiative

ArentFox Schiff on

The US Department of Justice (DOJ) released its long-awaited Environmental justice (EJ) enforcement strategy today, a priority for the Biden Administration. The enforcement strategy will “advance environmental justice through...more

Baker Donelson

Cybersecurity: A Whistleblower's Paradise

Baker Donelson on

Cyber whistleblowing is the newest and hottest area of exposure for organizations. All government contractors and grant recipients must develop an understanding of the use of the False Claims Act (FCA) to address...more

McDermott Will & Emery

McDermott’s Healthcare Enforcement Quarterly - Q1 2022

McDermott Will & Emery on

The healthcare enforcement landscape is shifting quickly. This issue of McDermott’s Healthcare Enforcement Quarterly examines emerging trends and key issues for organizations that may become subject to enforcement scrutiny,...more

WilmerHale

COVID-19: President Biden Announces Chief Prosecutor for Pandemic Fraud

WilmerHale on

Among the many important themes in his March 1, 2022, State of the Union address, President Joe Biden declared that “the watchdogs are back,” when he announced that the Department of Justice (DOJ) would appoint a Chief...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – March 2022 #2

PilieroMazza PLLC on

GOVERNMENT CONTRACTS - House Passes Sweeping $1.5 Trillion Omnibus Spending Bill - The Hill reported that the House passed a sweeping $1.5 trillion omnibus spending package to fund the government, hours after lawmakers...more

Baker Donelson

Cybersecurity a Focus for Biden-Harris Administration in 2022

Baker Donelson on

The Biden-Harris Administration made cybersecurity a top priority when President Biden signed Executive Order (EO) 14028 indicating that preventing, detecting, assessing, and remediating cybersecurity incidents in federal...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – February 2022

PilieroMazza PLLC on

DOJ Recovers Over $5.6 Billion From Fraud and False Claims Act Matters in FY 2021: 6 Key Takeaways - On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it had recovered more than $5.6 billion in Fiscal...more

Morgan Lewis - Health Law Scan

DOJ’s Civil Cyber-Fraud Initiative Borrows a Statute the Health Industry Knows Well

The new Civil Cyber-Fraud Initiative of the US Department of Justice’s use of the punitive False Claims Act (FCA) and its whistleblower provisions has some important legal and risk management considerations for the health...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – January 2022 #2

PilieroMazza PLLC on

LITIGATION & DISPUTE RESOLUTION - Non-Compete Agreements: What Employers and Healthcare Providers Should Know - Non-compete clauses are a common component in employment agreements for many businesses, including healthcare...more

WilmerHale

A Look Ahead into Corporate Enforcement in the Biden Administration

WilmerHale on

Just one year after President Biden’s election, senior administration officials have signaled in public remarks that the federal government will amplify enforcement pressure on corporations and their employees through...more

Foley & Lardner LLP

DOJ Seeks to Toughen its Corporate Criminal Enforcement Policies

Foley & Lardner LLP on

On October 28, 2021, Deputy Attorney General Lisa Monaco announced three changes to the Department of Justice’s (DOJ) approach to corporate criminal enforcement. Monaco announced the changes during the Keynote Address at the...more

Holland & Knight LLP

New Administration: Expect More "Rigorous" Corporate Criminal Enforcement

Holland & Knight LLP on

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

Pietragallo Gordon Alfano Bosick & Raspanti,...

DOJ’s Recent Civil Cyber-Fraud Initiative and What it May Mean

Takeaway: The Department of Justice will use the False Claims Act as the basis for exacting civil penalties against companies who’ve fraudulently procured federal dollars while knowingly choosing to permit business...more

Herbert Smith Freehills Kramer

DOJ Announces Civil Initiative Focused on Using the False Claims Act to Prosecute Cybersecurity-Related Fraud by Government...

On Oct. 6, 2021, Deputy Attorney General Lisa O. Monaco announced the creation of a Department of Justice (DOJ) Civil Cyber-Fraud Initiative (the Initiative). According to the announcement, the Initiative combines the DOJ’s...more

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