News & Analysis as of

Risk Management Fraud False Claims Act (FCA)

Holland & Knight LLP

Contractors and Grant Recipients Beware: False Claims Act Risk in Termination Settlements

Holland & Knight LLP on

A significant number of government contracts and grants have been terminated recently by federal agencies pursuant to the U.S. Department of Government Efficiency's (DOGE) "cost efficiency initiative" and review of "covered...more

King & Spalding

Recent FTO Designations Raise FCA Liability Concerns for Multinational Organizations

King & Spalding on

On February 20, 2025, the State Department designated multiple Mexican drug cartels and Transnational Criminal Organizations (“TCOs”) as foreign terrorist organizations (“FTOs”). At the same time, these groups were designated...more

Secretariat

Trump Tariffs Raise False Claims Act Risks as Customs Enforcement Increases

Secretariat on

During his 2024 presidential campaign, Donald Trump made tariffs a cornerstone of his foreign and domestic policy. With new 25% tariffs now imposed on Mexico and Canada, along with an additional 10% tariff on imports from...more

DLA Piper

False Claims Act Year in Review: 2024

DLA Piper on

The US government and private plaintiffs use the False Claims Act (FCA) – a federal statute originally enacted in 1863 in response to defense contractor fraud during the American Civil War – to combat various forms of fraud...more

PilieroMazza PLLC

PilieroMazza Annual Review: What DOJ’s 2024 FCA Report Means for Government Contractors

PilieroMazza PLLC on

DOJ’s recently released Annual Report highlights a significant increase in FCA enforcement, with nearly $3 Billion recovered—a 4.8% increase from FY 2023. The report also sheds light on major 2024 settlements and judgments...more

Seyfarth Shaw LLP

Six Essential Tips for Complying with FAR Cost Principles

Seyfarth Shaw LLP on

In honor of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for government contractors to ensure compliance with the Federal Acquisition Regulation (FAR) cost...more

PilieroMazza PLLC

FCA Settlement Highlights Importance of Accurate Small Business Certifications in Government Contracting

PilieroMazza PLLC on

The Department of Justice (DOJ) recently announced a $949,696.90 False Claims Act (FCA) settlement with GS Foods Group Inc. (GS Foods) for improperly bidding on contracts reserved for small businesses despite not qualifying...more

Bradley Arant Boult Cummings LLP

The False Claims Act in 2024: A Government Enforcement Update

This past year, the False Claims Act (FCA) continued to be a key tool for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department...more

Troutman Pepper Locke

Making Compliance Your New Year's Resolution

Troutman Pepper Locke on

As we begin a new year, it is the perfect time for companies subject to any government agreement to renew their focus on compliance. These binding resolutions require ongoing diligence to avoid civil and potentially criminal...more

Health Care Compliance Association (HCCA)

The compliance lessons in the wake of the Supreme Court decision in U.S. ex rel Schutte v. SuperValu, Inc.

The False Claims Act (FCA) permits private individuals to bring lawsuits in the name of the United States—called qui tam—against those they believe have defrauded the federal government: 31 U.S.C. § 3730(b). The FCA thereby...more

BCLP

U.S. Health Care Industry: Risk Mitigation Tips in the Post-Supervalu FCA Landscape

BCLP on

As we predicted, the Supreme Court held that a business could be exposed to substantial damages under the False Claims Act (FCA) if it incorrectly applies ambiguous rules or regulations. The unanimity of the opinion—which we...more

Bass, Berry & Sims PLC

Recap of Webinar: Billing, Coding, and Collecting for Infusion Services

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Shannon Wiley, with Carine Leslie and Katie Garmon of PYA, P.C., recently discussed the complexities associated with billing, coding, and collecting for infusion services as part of the Infusion...more

WilmerHale

New Defense Tech Cos. Must Prioritize Anti-Fraud Compliance

WilmerHale on

In some ways, the prospects for a technology company entering the defense business have never looked better. Last year saw record global military spending exceeding $2 trillion for the first time, while the U.S. spent $801...more

Harris Beach Murtha PLLC

OIG Enforcement Summary: July 16, 2022 – July 31, 2022

The following is a summary of the federal Department of Health and Human Services’ Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported are...more

Saul Ewing LLP

Liability Dangers for Recipients of CARES Act Funds: Lessons From Past and Present Enforcement Actions

Saul Ewing LLP on

As the country struggles with COVID-19, many companies have applied for and received funds under the CARES Act and its Payment Protection Program (“PPP”). Those companies must understand there are significant risks tied to...more

PilieroMazza PLLC

False Claims Act Implications for PPP and Disaster Relief Loans: What Small Businesses Should Be Ready For

PilieroMazza PLLC on

With its chaotic rollout, conflicting regulations, and breakneck disbursements, the Paycheck Protection Program (PPP) is primed to create a wave of litigation. This includes actions taken under the False Claims Act (FCA),...more

Saul Ewing LLP

Four Key Takeaways From Our Compliance Considerations and Enforcement Trends Surrounding the CARES Act Webinar

Saul Ewing LLP on

1. With deteriorated economic conditions, high unemployment and a $2 trillion government stimulus, the current environment is ripe for fraud. The Department of Justice has prioritized swift action against those suspected of...more

BCLP

Health Care Providers in Receipt of Provider Relief Funds: What You Need to Know and Do to Mitigate Fraud Risk

BCLP on

While the Provider Relief Fund payments sent to health care providers under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) have provided a lifeline to compensate for increased expenses and lost revenues...more

Sheppard Mullin Richter & Hampton LLP

Using “Prospective Hindsight” To Identify And Mitigate Risks During A Crisis

In 1657, mathematician Blaise Pascal commented in a letter to his church leaders “I have made this longer than usual because I did not have time to make it shorter.” More than 100 years later, another Frenchman, Napoleon...more

BCLP

Action Items for Recipients of PPP Loans to Mitigate Risk Related to Fraud Allegations

BCLP on

In our last article, we discussed how recipients of larger PPP loans are at risk for allegations of fraud and specifically addressed how these recipients may become targets of False Claims Act (FCA) allegations, which can be...more

BCLP

What Recipients of PPP Loans Need to Know and Do to Mitigate Fraud Risk

BCLP on

While the Payroll Protection Program (PPP) loans under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) have given businesses a lifeline during these uncertain times, they also present a risk for fraud...more

Skadden, Arps, Slate, Meagher & Flom LLP

Enforcement Risks and the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, which was signed into law on March 27, 2020, provided for the establishment and expansion of a range of economic assistance programs designed to help...more

Baker Donelson

CARES Act – Recipients Must Identify, Understand, and Comply with Grant and Contract Requirements

Baker Donelson on

Numerous commentaries predict an outbreak of False Claims Act investigations and cases related to allegations of misuse, fraud, waste, and abuse of funding provided under the Coronavirus Aid, Relief, and Economic Security Act...more

Williams Mullen

Risky Business of the False Claims Act, Part II – What Your Business Needs to Know About the FCA & How You Might Encounter It

Williams Mullen on

In Part I of our False Claims Act (FCA) blog series, we examined the evolution of the FCA and why some understanding of its parameters is important to businesses engaged in, among others, the government contracts, medical,...more

Sheppard Mullin Richter & Hampton LLP

DOJ Issues New Guidance on the Evaluation of Corporate Compliance Programs in Federal Fraud Investigations

On February 8th, the U.S. Department of Justice (DOJ) quietly issued new guidance on how the agency evaluates corporate compliance programs during fraud investigations. The guidance, published on the agency’s website as the...more

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