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
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 FCACOVID-19 Relief Scrutiny
We recently co-authored an article for The Banking Law Journal about the Department of Justice’s (DOJ) ongoing efforts to target businesses it alleges to have fraudulently received COVID-19 relief funds.
Continue Reading COVID-19 Relief ScrutinyDOJ Releases Annual Civil Fraud Recovery Statistics and Results… Our Look Behind the Numbers
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 NumbersDOJ Brings Nationwide False Claims Act Lawsuit Against CVS for Alleged Violations of Controlled Substances Act
On December 13, the U.S. Department of Justice (DOJ) intervened in a False Claims Act (FCA) lawsuit alleging that CVS Pharmacy Inc. and its subsidiaries improperly sought federal reimbursement for prescriptions filled in violation of the Controlled Substances Act (CSA).
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Register Now: 10th Annual Nashville Healthcare Fraud Conference | December 12-13
Join us for the 10th Annual Nashville Healthcare Fraud Conference, hosted by Bass, Berry & Sims and the Tennessee Hospital Association. This highly anticipated, complimentary virtual program will take place during the mornings of December 12 and 13 and is approved for 7.75 hours of CLE credit, including ethics.
Continue Reading Register Now: 10th Annual Nashville Healthcare Fraud Conference | December 12-13Growing Divide for Causation Standard Under the Anti-Kickback Statute
We recently authored an article for The Federal Lawyer exploring the causation standard under the Anti-Kickback Statute (AKS) and the increasing difference between the circuit courts’ interpretation of this standard. “At its core, the question is whether evidence of kickbacks sullies the entirety of the claims related to that transgressor, or whether the government must demonstrate more,” we explained.
Continue Reading Growing Divide for Causation Standard Under the Anti-Kickback StatuteImpact of New False Claims Act Qui Tam Ruling
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 <em>Qui Tam</em> RulingFalse Claims Act Application in Nevada Worker Classification Fight Against Lyft
I provided insight for a Bloomberg Law article on the False Claims Act allegations brought against Lyft in a worker classification suit. A recent Nevada lawsuit claims Lyft misclassified drivers as independent contractors and defrauded the government.
Continue Reading False Claims Act Application in Nevada Worker Classification Fight Against LyftFalse Claims Act Decisions to Know from Q3 2024
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