Courts have addressed multiple False Claims Act (FCA) issues in the third quarter of this year. Below is a summary of top cases involving the constitutionality of the FCA’s qui tam provisions, the FCA’s scienter requirement, the public disclosure bar, and proof required under the FCA’s anti-retaliation provision.Continue Reading False Claims Act Decisions to Know from Q3 2024
Novel Ruling Raises Questions About Timing of Constitutional Challenges to the FCA’s Qui Tam Provisions
In 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 Provisions
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.Continue Reading United States Files First Complaint Under the Civil Cyber-Fraud Initiative
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).Continue Reading Second Circuit Addresses “Obligation” Requirement of False Claims Act’s Reverse False Claim Provision
Causation Split: First Circuit Pauses Teva Appeal; Regeneron Appeal Going Forward
False Claims Act (FCA) practitioners have been closely watching cases in which courts address the causation requirement in FCA actions based on Anti-Kickback Statute (AKS) violations. Continue Reading Causation Split: First Circuit Pauses Teva Appeal; Regeneron Appeal Going Forward
Settlement Roundup: Heart-Valve Replacements, Federal Research Grants, and Clinical Laboratory Marketing
The Department of Justice (DOJ) recently announced settlements involving alleged noncompliance with Medicare billing requirements for heart-valve replacement surgeries, false statements in federal funding research grants, and physician kickback schemes for clinical laboratories. The settlements show DOJ’s continued scrutiny in these areas.Continue Reading Settlement Roundup: Heart-Valve Replacements, Federal Research Grants, and Clinical Laboratory Marketing
Seventh Circuit Upholds FCA Judgment Against Constitutional Challenge, Avoids Causation Circuit Split
On May 2, the U.S. Court of Appeals for the Seventh Circuit affirmed a False Claims Act (FCA) trial verdict in part, holding that the judgment was not constitutionally excessive under the Eighth Amendment. Continue Reading Seventh Circuit Upholds FCA Judgment Against Constitutional Challenge, Avoids Causation Circuit Split
Second Circuit Clarifies Anti-Kickback Statute’s Scienter Requirement
On March 12, the U.S. Court of Appeals for the Second Circuit issued an important decision that sheds light on the test for determining scienter under the federal Anti-Kickback Statute (AKS).Continue Reading Second Circuit Clarifies Anti-Kickback Statute’s Scienter Requirement
Download Now – 12th Annual Healthcare Fraud & Abuse Review
Bass, Berry & Sims is pleased to announce the release of the 12th annual Healthcare Fraud & Abuse Review examining important healthcare fraud developments in 2023. Continue Reading Download Now – 12th Annual Healthcare Fraud & Abuse Review
DOJ Releases Annual Civil Fraud Recovery Statistics and Results…A Look Behind the Numbers
On February 22, the Department of Justice (DOJ) released its annual report of civil fraud recoveries for FY2023, along with a press release highlighting DOJ’s civil enforcement efforts. Continue Reading DOJ Releases Annual Civil Fraud Recovery Statistics and Results…A Look Behind the Numbers