The Fourth Circuit Strengthens the FCA’s Implied Certification Theory in...
Under the “implied certification” theory of liability, a government contractor can violate the False Claims Act (“FCA”) by submitting a mere invoice for payment. The theory is that the invoice’s...
View ArticleSCOTUS: No Unlimited Suspension of the Statute of Limitations Under the False...
In an opinion released May 26, 2015, Kellogg Brown & Roots Services, Inc. v. United States ex rel. Carter, the U.S. Supreme Court unanimously held that whistleblowers cannot extend the statute of...
View ArticleSeventh Circuit Rejects FCA Implied False Certification Theory
On June 8, 2015, the U.S. Court of Appeals for the Seventh Circuit rejected the doctrine of implied false certification in a False Claims Act (“FCA”) lawsuit, U.S. ex rel. Nelson v. Sanford-Brown Ltd....
View ArticleWhat’s Next: The Future of False Claims Act Litigation After KBR v. U.S. ex...
The last Supreme Court term was a big one. Most observers will remember it as the term that upheld Obamacare, established a constitutional right to same-sex marriage, and introduced the American...
View ArticleThe Ninth Circuit Overrules Decades of Precedent To Make It Easier For...
A relator bringing an action under the civil False Claims Act (FCA) is required to be an “original source” of the allegations. 31 U.S.C. § 3730(e)(4). To qualify as an original source under the...
View ArticleManaged Care Plans: New Targets for Whistleblowers
With two recent False Claims Act cases (and six in the last decade), relators have taken aim at a new target for FCA enforcement and liability: Managed Care Plans. Managed Care providers should be...
View ArticleHundreds of Hospitals Will Pay Over $250 Million in Nationwide FCA Settlement
457 hospitals (or, expressed differently, nearly 10% of all of the hospitals in the United States) have recently agreed to settlements worth more than a quarter of a billion dollars arising out of an...
View ArticleYou’ve Been Served—What to Do When You Receive an Agency Subpoena or CID...
Nothing sends chills through a Compliance Officer or General Counsel faster than receiving an agency subpoena or civil investigative demand (CID). The first questions that immediately come to mind are...
View ArticleYou’ve Been Served—What to Do When You Receive an Agency Subpoena or CID...
Now that you understand what prompts an agency subpoena or CID, the next step is to have a strategy, which involves answering the question, “what should I do?” Taking the right approach from the outset...
View ArticleThe Fourth Circuit Strengthens the FCA’s Implied Certification Theory in...
Under the “implied certification” theory of liability, a government contractor can violate the False Claims Act (“FCA”) by submitting a mere invoice for payment. The theory is that the invoice’s...
View ArticleSCOTUS: No Unlimited Suspension of the Statute of Limitations Under the False...
In an opinion released May 26, 2015, Kellogg Brown & Roots Services, Inc. v. United States ex rel. Carter, the U.S. Supreme Court unanimously held that whistleblowers cannot extend the statute of...
View ArticleSeventh Circuit Rejects FCA Implied False Certification Theory
On June 8, 2015, the U.S. Court of Appeals for the Seventh Circuit rejected the doctrine of implied false certification in a False Claims Act (“FCA”) lawsuit, U.S. ex rel. Nelson v. Sanford-Brown Ltd....
View ArticleWhat’s Next: The Future of False Claims Act Litigation After KBR v. U.S. ex...
The last Supreme Court term was a big one. Most observers will remember it as the term that upheld Obamacare, established a constitutional right to same-sex marriage, and introduced the American...
View ArticleDistrict Court Determines that the Eleventh Time is NOT the Charm
The United States District Court of the Eastern District of Pennsylvania recently issued a decision unsealing a False Claims Act case over the objections of the government, the relator and the...
View ArticleThe Next Four Years of FCPA Enforcement: What to Expect From the Biden...
Contrary to some expectations, the Trump Administration Department of Justice imposed record penalties under the U.S. Foreign Corrupt Practices Act from 2017 through 2020. But in each of those years,...
View ArticleA Look into DOJ’s Current Corporate Criminal Enforcement Landscape
At the Global Investigations Review Annual Meeting in New York on September 21, 2023, Principal Associate Deputy Attorney General Marshall Miller (“Miller”) delivered remarks that provide an invaluable...
View ArticleThe Close-Out Debrief
Investigations are stressful for an organization’s leadership. But what is often overlooked is that they are stressful for an organization’s employees as well. The need-to-know nature of internal...
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