News & Analysis as of

False Claims Act (FCA) Fraud

The Volkov Law Group

The False Claims Act and Trade Enforcement (Part I of II)

The Volkov Law Group on

The Trump Administration intends to leave a strong enforcement mark on fraud and trade enforcement. DOJ is linking together trade enforcement and False Claims Act cases in an unprecedented manner that will open up new...more

Clark Hill PLC

Key lessons on the False Claims Act for government contractors after Raytheon’s $8.4 million settlement

Clark Hill PLC on

Government contractors should be on high alert following the recent announcement that Raytheon Company, its parent RTX Corporation, and Nightwing Group, LLC, have agreed to pay $8.4 million to resolve allegations of violating...more

Morgan Lewis

DOJ Shifts Focus of Enforcement Efforts to Tariff Evasion

Morgan Lewis on

As the US administration has imposed and modified tariffs on key trading partners, the US Department of Justice has turned its focus to criminally prosecuting companies and individuals for tariff evasion....more

Rivkin Radler LLP

DOJ and HHS Announce FCA Working Group

Rivkin Radler LLP on

On July 2, the U.S. Department of Justice (DOJ) and Department of Health and Human Services (HHS) announced the formation of the DOJ-HHS False Claims Act Working Group to strengthen “their ongoing collaboration to advance...more

Benesch

DOJ and HHS Launch Joint False Claims Act Working Group: Heightened Enforcement Risk Ahead for Healthcare and Government-Funded...

Benesch on

The U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) have formed a new False Claims Act (FCA) Working Group, according to a joint announcement issued by DOJ on July 2, 2025....more

Womble Bond Dickinson

2025 National Health Care Fraud Takedown Sets Record as Largest in U.S. History, Charging 324 Defendants for Over $14.6 Billion in...

Womble Bond Dickinson on

On June 30, 2025, the Department of Justice announced the results of its 2025 National Health Care Fraud Takedown (“2025 Takedown”). ...more

Hogan Lovells

Imports and the False Claims Act: Recent Ninth Circuit decision reflects trends in increased import fraud enforcement and...

Hogan Lovells on

The Ninth Circuit’s recent decision in Island Industries Inc. v. Sigma Corporation, coupled with recent government pronouncements concerning trade enforcement, are likely to drive an increase in customs fraud FCA...more

Mintz

Dodging Duties: The Ninth Circuit Affirms an Expansive Application of the False Claims Act Consistent with Trump Administration...

Mintz on

On June 23, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a district court judgment in a case in which the jury found the defendant knowingly made false statements on customs forms to avoid paying...more

Buchalter

SBA Focusing on Fraud, Will Conduct Full-Scale Audit of 8(a) Business Development Program

Buchalter on

Small Business Administration (SBA) Administrator Loeffler has announced that she has ordered the SBA Office of General Contracting and Business Development to begin a full scale audit of the SBA’s Section 8(a) Business...more

Wiley Rein LLP

No Second Bite at the Apple: New Emails Can’t Undo a False Application Response

Wiley Rein LLP on

The United States District Court for the Central District of California, applying California law, has held that an insurer could rescind liability insurance policies based on misrepresentations in the application, even though...more

ArentFox Schiff

Investigations Newsletter: Co-Founder and Accountant of Leading Special Needs Trusts Charged in $100 Million Alleged Fraud Scheme

ArentFox Schiff on

Earlier this week, the government unsealed an indictment against Leo Joseph Govoni, the co-founder of the nonprofit Center for Special Needs Trust Administration (CSNT), and John Leo Witeck, an accountant for CSNT, charging...more

Husch Blackwell LLP

False Claims Act Insights - Bitter Pills: DOJ Targets Pharmacies for FCA Enforcement

Husch Blackwell LLP on

Host Jonathan Porter welcomes back to the show Husch Blackwell attorney Abe Souza to discuss False Claims Act (FCA) enforcement in the pharmacy context. Pharmacies face multiple pressures, from disruptive online enterprises...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

WilmerHale

DOJ Civil Division Issues Enforcement Priorities Memorandum

WilmerHale on

On June 11, 2025, the recently confirmed Assistant Attorney General for the Civil Division, Brett Shumate, issued a memorandum directing Civil Division lawyers to prioritize investigations and enforcement actions advancing...more

ArentFox Schiff

Investigations Newsletter: DOJ Criminal Division Head Details White-Collar Enforcement Priorities and Related Policy Revisions

ArentFox Schiff on

DOJ Criminal Division Head Details White-Collar Enforcement Priorities and Related Policy Revisions - On June 10, the head of the US Department of Justice’s (DOJ) Criminal Division, Matthew R. Galeotti, gave a speech...more

Cooley LLP

DOJ Announces Priorities and Policy Updates – Including Tariff Compliance Enforcement, Expansion of Whistleblower Program

Cooley LLP on

Over the last year, we have paid close attention to the increasingly complicated and evolving landscape companies are facing in light of changing government enforcement priorities, including the Department of Justice’s...more

Sheppard Mullin Richter & Hampton LLP

DOJ Civil Rights Fraud Initiative Will Use the False Claims Act to Target Antisemitism and DEI Programs

At the end of May, the Department of Justice (DOJ) announced the formation of a Civil Rights Fraud Initiative to “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient of federal...more

Fox Rothschild LLP

Enforcement Priorities of the Second Trump Administration: The False Claims Act

Fox Rothschild LLP on

The Deputy Attorney General of the United States has made it clear that the Department of Justice intends to enforce the False Claims Act (FCA) in a way it never has before: in the pursuit of civil rights fraud. Listen as...more

Wiley Rein LLP

Supreme Court Decision Could Galvanize Prosecutions of Government Contractors

Wiley Rein LLP on

The U.S. Supreme Court’s May 22 decision in Kousisis v. United States could have wide-ranging implications for criminal and civil fraud cases against government contractors going forward. The Court ruled that a government...more

Foley Hoag LLP - White Collar Law &...

Federal Fraud: No Harm, No Foul? Supreme Court Says “Not So”

On May 22, 2025, the Supreme Court issued a unanimous decision broadening applicability of the federal wire fraud statute. In Kousisis v. United States, the Court held that a defendant may be convicted of wire fraud for...more

WilmerHale

Supreme Court Rejects Economic-Loss Requirement for Wire Fraud but Underscores Materiality as a Limiting Element of Federal Fraud...

WilmerHale on

On May 22, 2025, the Supreme Court unanimously declined to limit federal wire fraud to cases involving economic loss to the victim, upholding convictions of two government contractors who obtained contracts from a state...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

No Harm, Still Foul: Supreme Court Affirms Expansive Reach of Wire Fraud Statute in Kousisis

In a recent decision upholding the expansive reach of the federal wire fraud statute (18 U.S.C. §1343), the U.S. Supreme Court ruled in Kousisis v. United States, No. 23-909 (May 22, 2025) that a defendant can be convicted of...more

Baker Donelson

Supreme Court Endorses "Fraudulent Inducement Theory": How the Kousisis v. United States Ruling Widens the Road for Fraud...

Baker Donelson on

If a defendant uses material misrepresentations to induce a party to enter a contract, but does not economically harm the induced party, has the defendant committed fraud? The Supreme Court has decided: Yes. On May 22, 2025,...more

A&O Shearman

DOJ Announces Civil Rights Fraud Initiative Targeting Federal Fund Recipients’ Use Of DEI

A&O Shearman on

On May 19, 2025, the Department of Justice (“DOJ”) announced its plan to use the False Claims Act to investigate and pursue claims of civil rights violations against federal fund recipients. The plan, entitled the Civil...more

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