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Private Equity Firms False Claims Act (FCA)

K&L Gates LLP

Private Equity Firms Should Prepare for Increased Scrutiny as DOJ Puts False Claims Violations Under the Microscope

K&L Gates LLP on

Private equity investment in health care has grown significantly over the past two decades, and the US government is starting to pay attention. Recent announcements by the US Department of Justice (DOJ) and proposals by...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Whistleblowers – A Powerful Antidote To Private Equity Abuses In Healthcare?

Senate testimony focusing on the impact of the rising presence of private equity (PE) firms’ control of major healthcare providers touched on the “substantial overlap between the risks associated with private equity ownership...more

Goodwin

DOJ Renews Focus on Private Equity Amid Record False Claims Act Enforcement

Goodwin on

2023 was another record year for False Claims Act enforcement. On February 22, 2024, the U.S. Department of Justice (DOJ) announced that the federal government and whistleblowers were party to a record number of FCA...more

Hogan Lovells

The False Claims Act Guide: 2023 and the road ahead

Hogan Lovells on

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to...more

Alston & Bird

FCA Recoveries Drop, but Signs Point to Increased Activity in 2023 and Beyond

Alston & Bird on

Our White Collar, Government & Internal Investigations and Health Care Litigation groups review the Department of Justice’s False Claims Act enforcement efforts from 2022 and look forward to what comes next....more

Mintz - Health Care Viewpoints

EnforceMintz Newsletter — Quick Hits

Record Settlement in a Declined Case - While defendants typically breathe a sigh of relief when the Department of Justice (DOJ) declines to intervene in a qui tam False Claims Act (FCA) case, a more favorable outcome is by...more

Kramer Levin Naftalis & Frankel LLP

Investors Beware: Private Equity Firms Continue to Face Potential Liability Under the False Claims Act for Their Portfolio...

Two years ago, the U.S. Department of Justice announced a focus on enforcing the False Claims Act against private equity firms based on their portfolio companies’ conduct. That government focus remains strong: Private equity...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

Robinson & Cole LLP

Department of Justice and State Attorneys General Pursue Private Equity Firms Under the False Claims Act

Robinson & Cole LLP on

On October 14, 2021, the Massachusetts Attorney General (MA AG) announced a $25 million settlement with South Bay Mental Health Center, Inc.’s (SBMHC) private equity owner and two former executives for allegedly causing false...more

Foley & Lardner LLP

PE Firm Pays Record Settlement for Allegedly Deficient Health Services: Identifying Traps for the Unwary

Foley & Lardner LLP on

In a Press Release issued on October 14 2021 by the Office of Massachusetts Attorney General Maura Healy, a potentially groundbreaking settlement was announced. Below is an excerpt from the release, followed by our takeaways....more

Akerman LLP - Health Law Rx

Caveat Emptor: Private Equity Firms Are Increasingly Vulnerable to Qui Tam Lawsuits

The U.S. Department of Justice (“DOJ”) has settled six qui tam lawsuits brought in various jurisdictions by whistleblowers against a private equity firm and its portfolio healthcare companies. ...more

Bradley Arant Boult Cummings LLP

Heightened Scrutiny of Nursing Homes (and Private Equity) in Post-COVID-19 Enforcement

On March 3, 2020, then-Attorney General William Barr announced the Department of Justice’s National Nursing Home Initiative, which aimed to “bring justice to those owners and operators who have profited at the expense of...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Private Equity in the Crosshairs as Qui Tam Case Heads Toward Trial

The District of Massachusetts issued the very first summary judgment decision in a False Claims Act (FCA) lawsuit involving a private equity (PE) firm. The decision provides valuable insight into how the FCA may apply to PE...more

Maynard Nexsen

Considerations for Private Equity and Venture Capital Groups Interested in the Health Care Industry

Maynard Nexsen on

Health care spending in the United States reached $3.6 trillion in 2018 and is projected to reach $6.2 trillion by 2028. With such a large amount of money concentrated in the health care industry, it is no wonder why private...more

Akin Gump Strauss Hauer & Feld LLP

DOJ’s Civil Division Outlines Enforcement Priorities and Focus on COVID-19 Related Fraud

- The Department of Justice (DOJ) will focus its civil enforcement activity on fraud and other illegal actions relating to COVID-19, including with respect to CARES Act stimulus programs and consumer products marketed for use...more

BCLP

What PE Firms Need to Know about Whistleblower Risk & How to Mitigate It

BCLP on

Private Equity firms face risk from whistleblowers within their portfolio companies. There are some industries that are more susceptible to whistleblower risk, such as health care, telecom and military contracts....more

BCLP

What PE Firms Need to Know about their False Claims Act Risk

BCLP on

Private equity firms have recently become targets of False Claims Act (FCA) liability. This new risk exposure comes from portfolio companies that do business with the government, which necessarily exposes those portfolio...more

WilmerHale

Private Equity Firms, the Healthcare Industry, and the FCA: The “Butterfly Effect” in Action?

WilmerHale on

When Riordan, Lewis & Haden Inc. (RLH), a private equity firm, found itself ensnared in a False Claims Act (FCA) litigation for its role in a prescription drug kickback scheme orchestrated by one of its portfolio companies,...more

Bass, Berry & Sims PLC

Private Equity Firm Settles FCA Case

Bass, Berry & Sims PLC on

In two prior posts [Government Files Amended FCA Complaint Against Private Equity Firm and its Portfolio Company and DOJ Intervention in Healthcare Fraud Case Highlights Potential Risks for Private Equity Firms], we wrote...more

McGuireWoods LLP

Increased False Claims Act Scrutiny for Private Equity Firms Investing in Healthcare Providers

McGuireWoods LLP on

Private equity firms investing in healthcare should take note of increasing False Claims Act (FCA) scrutiny by the government and whistleblowers. In two recent cases, the government has demonstrated a willingness to pursue...more

White and Williams LLP

The Long Arm of the Law Lengthens: What the U.S. ex rel. Medrano v. Diabetic Care RX, LLC Settlement Means for Private Equity...

White and Williams LLP on

In March 2018, White and Williams issued an alert covering the Department of Justice’s (DOJ) intervention in the False Claims Act (FCA) case United States ex rel. Medrano v. Diabetic Care RX, LLC, No. 15 Civ. 62617 (S.D....more

Foley Hoag LLP - White Collar Law &...

Life Sciences Investors Beware: Private Equity Firm Settles Federal False Claims Act Suit Regarding Compounding Pharmacy It...

On September 18, 2019, the Department of Justice announced a $21.36 million settlement to resolve a False Claims Act (“FCA”) lawsuit alleging a fraudulent kickback scheme through which a pharmaceutical company (Patient Care...more

Pillsbury Winthrop Shaw Pittman LLP

Developments Highlight Secondary Liability Risks for Private Funds

DOJ settlement signals need for enhanced False Claims Act scrutiny. Private funds continue to face heightened secondary liability risks arising from their portfolio investments....more

Foley Hoag LLP

Life Sciences Investors Beware

Foley Hoag LLP on

Private Equity Firm Settles Federal False Claims Act Suit Regarding Compounding Pharmacy It Managed - On September 18, 2019, the Department of Justice announced a $21.36 million settlement to resolve a False Claims Act...more

Robinson+Cole Health Law Diagnosis

DOJ Reaches $21.36 Million Agreement with Compounding Pharmacy, Two of its Executives, and Managing Private Equity Firm to Resolve...

On September 18, 2019, the Department of Justice (DOJ) announced a $21.36 million settlement with compounding pharmacy Patient Care America (PCA), as well as PCA’s Chief Executive, PCA’s former Vice President of Operations,...more

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