On April 2, the United States District Court for the Eastern District of Virginia dismissed a whistleblower’s False Claims Act (FCA) action after the relator attempted to dismiss the government as a plaintiff-intervenor in the lawsuit.
Relators
DOJ Releases Annual Civil Fraud Recovery Statistics and Results… Our Look Behind the Numbers
By Matt Curley & John Eason on
On January 15, the Department of Justice (DOJ) released its annual report on civil fraud recoveries for FY2024 along with a press release highlighting DOJ’s civil enforcement efforts. Continue Reading DOJ Releases Annual Civil Fraud Recovery Statistics and Results… Our Look Behind the Numbers
Impact of New False Claims Act Qui Tam Ruling
By Scott Gallisdorfer on
Posted in Relators
I 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 Ruling
False Claims Act Decisions to Know from Q3 2024
By Charlotte Elam & Reagan Schmidt on
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
By Scott Gallisdorfer on
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
The California Insurance Frauds Prevention Act: Recent Developments Regarding California’s Powerful Commercial Health Insurance Fraud Statute
By Gabrielle Degelia & Lindsey Fetzer on
Posted in Business & Industry Focus, Relators
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.Continue Reading The California Insurance Frauds Prevention Act: Recent Developments Regarding California’s Powerful Commercial Health Insurance Fraud Statute
DOJ Releases Annual Civil Fraud Recovery Statistics and Results…A Look Behind the Numbers
By Matt Curley & John Eason on
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
Second Circuit Rejects Insufficient Service-of-Process Argument, Adopts Relator-Friendly Rule
By Charlotte Elam on
On November 28, the U.S. Court of Appeals for the Second Circuit held that the service-of-process clock for a False Claims Act (FCA) qui tam complaint begins to run when the district court orders the complaint to be served, not when the district court unseals the complaint. Continue Reading Second Circuit Rejects Insufficient Service-of-Process Argument, Adopts Relator-Friendly Rule
Supreme Court Review of Key FCA Issues
By John Eason on
For the February 2023 issue of the American Bar Association’s (ABA) Health Lawyer, the flagship publication of the ABA Health Law Section, I authored an article entitled “Recent False Claims Act Developments at the Supreme Court.”Continue Reading Supreme Court Review of Key FCA Issues
False Claims Act Fundamentals: What Is a Relator?
By Taylor Sample on
A relator is a private person or entity who files a False Claims Act (FCA) lawsuit on behalf of the United States in exchange for receiving a portion any recovery from the defendant. The FCA was enacted in 1863 in response to defense contractors defrauding the Union Army during the Civil War. But, it wasn’t until 1986, when Congress supercharged the FCA by incentivizing more private whistleblowers to file lawsuits on behalf of the government, that the FCA became the Department of Justice’s (DOJ) primary enforcement tool for combatting fraud against the government.
Continue Reading False Claims Act Fundamentals: What Is a Relator?