It is not every day that an 83-page qui tam complaint alleging Stark Law and Anti-Kickback Statute (AKS) violations is dismissed at the pleading stage, particularly when filed by experienced relator’s counsel and accompanied by more than 30 pages of detailed claims data. But that was exactly the result in U.S. ex rel. Kyer v. Thomas Health System, a June 4 decision from a unanimous Fourth Circuit panel.
As procurement fraud enforcement continues to be a priority for the Department of Justice and other federal agencies, we take a look back at significant 2025 enforcement developments affecting government contractors, grant recipients and participants in federal programs in our 2025 Procurement Fraud Review.
Continue Reading Procurement Fraud Enforcement Trends Continue Into 2026I was quoted in an article published by McKnight’s Long-Term Care News examining the Eleventh Circuit’s pending decision in United States ex rel. Zafirov v. Florida Medical Associates that could determine whether the False Claims Act’s (FCA) whistleblower (qui tam) provisions are constitutional. The decision could potentially limit private individuals’ ability to pursue fraud cases on the government’s behalf and set up a Supreme Court review that could significantly reshape healthcare fraud enforcement nationwide.
Continue Reading Pending Circuit Court Case Concerning the Constitutionality of the FCA’s Whistleblower ProvisionsWe were quoted in a Law360 article summarizing a September 2025 decision by a Utah federal court to dismiss False Claims Act (FCA) allegations against our clients.
Continue Reading Rare (c)(2)(A) Dismissal of Long-Running FCA CaseOn May 19, the Department of Justice (DOJ) announced the launch of the Civil Rights Fraud Initiative, which will use the federal False Claims Act (FCA) to pursue claims against recipients of federal funds that knowingly violate federal civil rights law.
As federal contractors and grant recipients navigate the changing landscape of diversity, equity, and inclusion (DEI) programs, the Trump administration’s rescinding of Executive Order No. 11246 (EO) raises new concerns about potential False Claims Act (FCA) liability for non-compliance.
Continue Reading Impact of Trump Administration’s Executive Order on DEI Programs and FCA LiabilityI recently authored an article published as part of Law360’s Expert Analysis series in which I provided insight on a federal court’s recent and significant decision holding that the qui tam provisions of the False Claims Act (FCA) violate the Appointments Clause of the U.S. Constitution.
Continue Reading Impact of New False Claims Act Qui Tam RulingIn recent months, False Claims Act (FCA) defendants have increasingly sought to challenge the constitutionality of the statute’s qui tam provisions.
Continue Reading Novel Ruling Raises Questions About Timing of Constitutional Challenges to the FCA’s Qui Tam ProvisionsOn 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.
Continue Reading United States Files First Complaint Under the Civil Cyber-Fraud InitiativeWe 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.
Continue Reading Innovasis Settlement Implications