I 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 ProvisionsWhistleblower
Cracking Down on Customs Fraud: How the False Claims Act Raises the Stakes for Importers
By Denise Barnes on
The federal government’s growing use of the False Claims Act (FCA) to pursue customs fraud signals a new era of trade enforcement, with importers facing heightened scrutiny and increased risk of whistleblower actions.
Continue Reading Cracking Down on Customs Fraud: How the False Claims Act Raises the Stakes for ImportersKey Takeaways from DOJ’s Continued Cybersecurity Enforcement
By Denise Barnes & Taylor Sample on
On March 25, the U.S. Department of Justice (DOJ) announced a $4.6 million settlement with MORSECORP, Inc. (MORSE) over its alleged failures to satisfy cybersecurity requirements for federal defense contractors.
Continue Reading Key Takeaways from DOJ’s Continued Cybersecurity EnforcementFalse Claims Act Gives Broad Dismissal Authority to Government, District Judge Says
By Richard Arnholt & Denise Barnes on
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.
Continue reading on the GovCon & Trade blog.
False Claims Act Enforcement in Healthcare: Insights from the 13th Annual Fraud & Abuse Review
The False Claims Act (FCA) remains one of the government’s most powerful tools in combating healthcare fraud, with a growing focus on opioid-related cases and violations of the Anti-Kickback Statute.
Continue Reading False Claims Act Enforcement in Healthcare: Insights from the 13th Annual Fraud & Abuse ReviewThe Surge in FCA Whistleblower Lawsuits: What’s Driving the Trend and What Comes Next?
By Matt Curley on
Whistleblower-driven False Claims Act (FCA) lawsuits are on the rise, raising critical questions about the factors fueling this trend and its potential impact on enforcement.
Continue Reading The Surge in FCA Whistleblower Lawsuits: What’s Driving the Trend and What Comes Next?Impact of Trump Administration’s Executive Order on DEI Programs and FCA Liability
By Denise Barnes & Scott Gallisdorfer on
Posted in Civil Investigative Demands, Civil Monetary Penalties, Compliance, Damages, Enforcement, FCA Alert, Government Contracts, Government Knowledge, Healthcare Providers, Hospitals, Knowledge/Scienter, Legislation, Materiality, Medicare/Medicaid, Penalties, Public Disclosure Bar, Retaliation, Whistleblower
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 LiabilityExecutive Order on DEI Programs: Implications for Healthcare and False Claims Act Risks
The Trump administration’s recent executive order targeting diversity, equity, and inclusion (DEI) programs is reshaping the landscape for healthcare providers, with potential legal and regulatory implications that are still unfolding.
Continue Reading Executive Order on DEI Programs: Implications for Healthcare and False Claims Act RisksSuccess of Repeat Whistleblower in Recent FCA Settlement
By Matt Curley on
Posted in Settlement, Whistleblower
I commented on the success of serial whistleblower Cecilia Guardiola in her most recent False Claims Lawsuit (FCA) against a healthcare provider. Since 2007 she has secured at least four settlements totaling more than $43 million against healthcare companies; her cut of the settlements is estimated to be about $7.7 million.
Continue Reading Success of Repeat Whistleblower in Recent FCA SettlementImpact of Court Decision for Qui Tam Provisions of the FCA
By Bill Mathias on
Posted in Whistleblower
I discussed the impact of a September 2024 court decision related to qui tam provisions under the False Claims Act (FCA) in an article published by the Health Care Compliance Association (HCCA). The article outlines predictions concerning enforcement trends for 2025.
Continue Reading Impact of Court Decision for Qui Tam Provisions of the FCA