In recent months, False Claims Act (FCA) defendants have increasingly sought to challenge the constitutionality of the statute’s qui tam provisions.
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United States Files First Complaint Under the Civil Cyber-Fraud Initiative
On August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims that the defendants knowingly failed to meet cybersecurity requirements in connection with certain Department of Defense (DoD) contracts in violation of the False Claims Act.…
False Claims Act Decisions to Know from Q2 2024
In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and issues around judgments and awards.…
Second Circuit Addresses “Obligation” Requirement of False Claims Act’s Reverse False Claim Provision
On August 6, the U.S. Court of Appeals for the Second Circuit issued a significant opinion that clarifies the requirements for pleading a reverse false claim under the False Claims Act (FCA).…
Innovasis Settlement Implications
We recently co-authored an article published by Law360 detailing what the $12 million settlement of the U.S. Department of Justice’s (DOJ) case against medical device maker Innovasis Inc. may mean for other Anti-Kickback Statute (AKS) cases.…
Series on Healthcare Fraud Risk for The Compliance & Ethics Blog
I recently authored a two-part article series published on The Compliance & Ethics Blog highlighting key updates in healthcare fraud compliance and enforcement, including insights from the firm’s annual 2023 Healthcare Fraud & Abuse Review and updates thus far in 2024.…
Rite Aid and OptumRx Settlements Highlight Enforcement Focus on Pharmacy Corresponding Responsibility for Dispensing Controlled Substances
On July 10, the Department of Justice (DOJ) announced a nearly $410 million settlement with Rite Aid Corporation to resolve allegations that Rite Aid and its affiliates ignored red flags and knowingly dispensed unlawful controlled substances in violation of the False Claims Act (FCA) and Controlled Substances Act (CSA).…
False Claims Act Settlements to Know from Q2 2024
Halfway through 2024, the government’s False Claims Act (FCA) enforcement efforts show few signs of letting up. Last month alone, the Department of Justice (DOJ) announced at least five eight-figure FCA settlements, resolving allegations ranging from unlawful kickbacks to upcoding to improper subcontracting to cybersecurity violations. …
Use of Data in False Claims Act Cases and Other Litigation
I recently co-authored an article for the Federal Bar Association’s Qui Tam Section examining the use of data in False Claims Act (FCA) cases and other litigation, with a particular focus on these cases within the healthcare industry.…
The California Insurance Frauds Prevention Act: Recent Developments Regarding California’s Powerful Commercial Health Insurance Fraud Statute
We have previously discussed the California Insurance Frauds Prevention Act (IFPA)–a state antifraud statute that, while modeled on the False Claims Act (FCA), is unique in targeting fraud in the commercial health insurance space.…