News & Analysis as of

False Claims Act (FCA) Enforcement Authority

Venable LLP

Federal Efforts to Incentivize States to Promulgate False Claims Statutes

Venable LLP on

The federal False Claims Act (FCA) is widely regarded as a powerful tool to punish fraud against the federal government. Since 1986, the federal government has recovered more than $75 billion from FCA settlements and...more

Epstein Becker & Green

Podcast: DOJ Goes After Civil Cyber-Fraud - Diagnosing Health Care

Epstein Becker & Green on

How does the U.S. Department of Justice (DOJ) intend to leverage its enforcement authority under the False Claims Act to advance DOJ’s recently announced Civil Cyber-Fraud Initiative? In this episode of Diagnosing Health...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

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

Jones Day

Senate Judiciary Committee Votes to Approve Amendments to the False Claims Act

Jones Day on

In July 2021, a bipartisan group of senators introduced a bill, S. 2428, entitled the False Claims Amendments Act of 2021 ("S. 2428"), which proposed substantive and procedural amendments to the False Claims Act ("FCA")....more

Proskauer - Health Care Law Brief

False Claims Act Spotlight (1 of 3): Sub-Regulatory Guidance Subjugated No More in FCA Enforcement Actions

The False Claims Act (“FCA”) is a punitive civil statute that acts as the federal government’s primary tool for combatting fraud in government health care programs, such as Medicare, Medicaid, and Tricare. In fiscal year 2020...more

Health Care Compliance Association (HCCA)

Stephen Shaver on CARES Act Relief Funds and Healthcare Organizations

While the CARES Act provided much needed funding, it wasn’t a handout for healthcare providers. There are strings attached, explains Stephen Shaver, an attorney with Wachler & Associates and author of the Chapter “Revenue...more

Foley Hoag LLP - White Collar Law &...

Pandemic Fraud

This is the seventh in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry was on FCA enforcement. Up next, healthcare...more

Troutman Pepper

The “New” Enforcers: How States and Localities Are Changing the Landscape of Regulatory Authority

Troutman Pepper on

Over the last decade, observers have noted that states have begun to play a greater role as regulatory enforcers – a trend that increased with the federal regulatory roll-back that began with the advent of the Trump...more

Morgan Lewis

Senator Grassley Drafting Legislation to Potentially Limit DOJ Dismissal Power in FCA Cases

Morgan Lewis on

Senator Chuck Grassley plans to propose legislation that would require the US Department of Justice to state its reasons for dismissal of qui tam cases over the objection of the relator. ...more

Holland & Knight LLP

DOJ and State Government Agencies Focus on Antitrust Violations in Government Procurement

Holland & Knight LLP on

The U.S. Department of Justice (DOJ) has a renewed focus on government contracting and, more specifically, anti-competitive behavior in federal procurement. As mentioned in a prior blog post, the DOJ's Antitrust Division...more

Hogan Lovells

HUD and DOJ Signal Easing of FCA Enforcement in FHA Residential Mortgage Lending Through Interagency Memorandum

Hogan Lovells on

On October 28, 2019 the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Justice (DOJ) released a Memorandum of Understanding (MOU) announcing their joint approach to False Claims Act (FCA)...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Enforcement Compliance Conference - November 3rd-6th, Washington , DC

Prepare your organization to respond to the ever-increasing emphasis on healthcare compliance issues by enforcement authorities. Hear first-hand from government officials about regulatory changes, expectations, and key...more

Robinson+Cole Health Law Diagnosis

“Brand Memo” from the U.S. Department of Justice: Reading Between the Lines

On January 25, 2018, Associate Attorney General Rachel Brand issued a memo on behalf of the U.S. Department of Justice (DOJ) prohibiting certain DOJ uses of federal agency guidance documents in affirmative civil enforcement...more

Akin Gump Strauss Hauer & Feld LLP

DOJ Limits Use of Guidance Documents in Affirmative Civil Enforcement Actions

On January 25, 2018, the Associate Attorney General directed the Department of Justice (DOJ) not to rely on agency guidance documents to establish a violation in affirmative civil enforcement (“ACE”) cases. She issued the...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations and White Collar Defense - December 2016

Insider Trading: Supreme Court Affirms Salman - Why it matters: On December 6, 2016 the Supreme Court decided Salman v. U.S., in which it upheld the petitioner’s insider trading conviction. The Court found its 1983...more

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