News & Analysis as of

False Claims Act (FCA)

Stinson LLP

Fail to Comply with Domestic Preference Rules at Your Peril

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Federal government contracts and grants require contractors to certify the delivery of domestic end products unless an exception applies. Domestic preference rules include the Buy American Act (BAA) and Trade Agreements Act...more

Husch Blackwell LLP

Ninth Circuit Finds Importer Liable Under False Claims Act for Failure to Pay Antidumping Duties

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The Ninth Circuit Court of Appeals in Island Industries v. Sigma Corp., upheld a lower court jury determination that an importer of welded pipe fittings is liable for $8 million in unpaid antidumping duties under the False...more

Polsinelli

DOJ Civil Division Refocuses Affirmative Enforcement Priorities

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Key Takeaways from DOJ’s 2025 Civil Division Mandate - Expanded Use of the False Claims Act (FCA) - The government is broadening its application of the FCA beyond traditional garden-variety fraud....more

Mayer Brown

DOJ Civil Division Announces Five Enforcement Priorities

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On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)...more

Paul Hastings LLP

The Verdict Is In: SuperValu Wins at Trial Despite Knowingly Submitting False Claims

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In 2023, we wrote about the Supreme Court’s decision in United States ex. rel. Schutte v. SuperValu Inc. interpreting the False Claims Act’s (FCA) scienter standard to require inquiry into a defendant’s subjective knowledge....more

Harris Beach Murtha PLLC

Scrutiny of Hospital–Physician Relationships Continues

Despite changes in many priorities, the federal government’s scrutiny of relationships between hospitals and physicians continues well into 2025. Last month, Community Health System (CHS) in California and its affiliate,...more

Arnall Golden Gregory LLP

New Administration Continues Focus on Accountability and Transparency in Healthcare

Blockbuster health insurers continue to face scrutiny from the new administration amid an unprecedented shift toward eliminating fraud, waste, and abuse from the healthcare industry....more

PilieroMazza PLLC

[Webinar] DOJ Uses FCA to Target DEI Policies and Antisemitism: The Impact on Government Contractors - July 10th, 2:00 pm - 3:00...

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In the wake of Executive Order 14173, federal contractors face heightened scrutiny of their Diversity, Equity, and Inclusion (DEI) initiatives. The EO requires contractors to certify that DEI programs comply with federal...more

McNees Wallace & Nurick LLC

The Civil Rights Fraud Initiative: Adding “Teeth” to the Enforcement of Trump’s Executive Orders Against Illegal DEI

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche issued a memorandum launching the “Civil Rights Fraud Initiative” (the “CRFI”). The CRFI outlines how individuals can pursue claims against federally funded...more

Dorsey & Whitney LLP

DOJ’s Civil Division Prioritizes Investigations and Enforcement Actions Targeting DEI, Immigration, and Gender-Affirming Health...

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The Civil Division of the Department of Justice (“DOJ”) announced that President Trump and Attorney General Pam Bondi have directed the Civil Division to use its enforcement authorities to “advance the administration’s policy...more

Cozen O'Connor

Thompson May Give Defendants New Tools to Fight False Claims Act Charges

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The Supreme Court’s recent opinion in Thompson v. United States may have significant implications for the False Claims Act (FCA). In Thompson, the Court was tasked with interpreting 18 U.S.C. § 1014, which prohibits...more

Cooley LLP

DEI Under the Microscope: What Employers Should Know About Recent Developments

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There have been recent developments in the continually evolving legal landscape for employers utilizing diversity, equity and inclusion (DEI) programs and policies. Below is a brief overview of those recent developments and...more

Rivkin Radler LLP

Long Island Doctor Charged with Grand Larceny for Benefits Scam

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The Nassau County District Attorney recently charged Joseph Golyan, a Great Neck gastroenterologist, with collecting Social Security and other government benefits over a four-year period, while simultaneously billing Medicare...more

Cozen O'Connor

Whistleblower Watch - A quarterly update on FCA Enforcement and Qui Tam Litigation - June 2025

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Whistleblower Watch is a comprehensive source for all False Claims Act (FCA) news and information. Every quarter, Cozen O’Connor will provide in-house counsel and compliance professionals with a summary of the most notable...more

Bass, Berry & Sims PLC

Wound Care in the Crosshairs: Reimbursements Risks Amid Skin Substitute Fraud Investigations

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Effective wound care is critical for patients recovering from surgery or managing chronic or non-healing wounds. Advances in treatment have led to the development of skin substitutes—bioengineered or natural materials...more

Blank Rome LLP

Tariffs, Treble Damages, and Trade Enforcement: Surviving the New Era of Customs Crackdown

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The American trade landscape has transformed rapidly as the United States’ “America First” national-security platform reshapes international relations. New executive orders, proclamations, and memoranda issued under the...more

Hogan Lovells

DOJ Civil Division Assistant Attorney General’s first day memorandum sets out FCA enforcement priorities aligned with Trump...

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On the day he was sworn in, June 11, 2025, Civil Division Assistant Attorney General (AAG) Brett Shumate took the unusual step of issuing a memorandum to all employees of the Department of Justice (DOJ) Civil Division – most...more

Morgan Lewis

Strategy Considerations for Companies Assessing Risks of Fraud Liability for DEI Programs

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On May 19, 2025, the US Department of Justice announced the establishment of the Civil Rights Fraud Initiative, which will “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient...more

Epstein Becker & Green

DOJ Civil Division Announces 2025 Priorities: Promises “Aggressive” False Claims Act Enforcement of Civil Rights Violations and...

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On June 11, 2025, Assistant Attorney General Brett A. Shumate issued an internal memorandum (the “Shumate memo”) to all Civil Division employees of the U.S. Department of Justice (“DOJ”), describing the Division’s enforcement...more

Dentons

Ep. 66 – Mid-year Compliance Check-in: Three New Enforcement Priorities to Add to Your 2025 Work Plan

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As we hit the halfway point of 2025, now is the perfect time to revisit your compliance work plan. While it’s always good practice to assess whether your organization is meeting its compliance goals, this year presents a...more

Seyfarth Shaw LLP

The False Claims Act Comes to Britain? Preparing for the ‘Failure to Prevent Fraud’ Offence

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In just a few months, the UK’s corporate criminal liability offence of Failure to Prevent Fraud (FTPF) comes into force. Modelled on the framework of the Failure to Prevent Bribery offence, FTPF imposes strict liability on...more

Mintz - Health Care Viewpoints

DOJ Civil Division Publishes Memo Outlining Trump Administration Civil Enforcement Priority Related to Health Care

In May 2025 the Department of Justice (DOJ) Criminal Division published its enforcement priorities, and the Civil Division has now followed suit with a memorandum of its own (the “Civil Division Memo”)...more

Warner Norcross + Judd

DOJ’s Civil Division Targets DEI Programs, Gender-Related Health Care and Immigration

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Following leadership changes at the Department of Justice’s (DOJ) Civil Division, Brett Shumate, recently confirmed as the assistant attorney general, issued a memorandum directing DOJ attorneys to “use [their] enforcement...more

Jackson Lewis P.C.

Enhanced AFCA Empowers Agency Fraud-Fighting, Creates Compliance Concerns for Federal Contractors and Others

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Significant revisions to the Program Fraud Civil Remedies Act of 1986 (PFCRA), now called the Administrative False Claims Act (AFCA), bolster federal agencies’ ability to address alleged fraud by expanding their authority to...more

Wiley Rein LLP

GSA Announces Expansion of “Transactional Data Reporting” Program, Reducing Compliance Obligations for GSA Schedule Contractors

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WHAT: The U.S. General Services Administration (GSA) recently announced its planned expansion of the Transactional Data Reporting (TDR) program, which will make TDR mandatory for GSA Schedule contractors whose contracts...more

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