Moreover, the enforcement of the reporting penalties, particularly the significant reduction in penalties under the voluntary disclosure program, provides evidencMatthew A. MelonePenalties for the Failure to Report Foreign Financial Accounts and The Excessive Fines Clause of The Eighth Amendment. Matthew ...
MaineCare dentists: Audit fines excessive ; Huge penalties for small errors are unfair and threaten to wipe out services for kids, they say.JOE LAWLOR Staff Writer
The Situation: The False Claims Act ("FCA") imposes treble damages on defendants, as well as mandatory penalties per false claim. Because alleged false claims often involve much smaller amounts—for example, in cases with a multitude of claims for health care servic...
But the Eleventh Circuit joined several other circuits in recognizing that FCA penalties are "fines" under the Eighth Amendment—regardless of whether the government intervenes—because they are at least partly punitive in nature and the United States receives the majority...
The Mastercard Excessive Fraud Merchant program helps Mastercard monitor fraud on their network, but for merchants, it can mean substantial financial losses.
A FRAMEWORK FOR ASSESSING WHETHER CIVIL PENALTIES UNDER THE FALSE CLAIMS ACT VIOLATE THE EXCESSIVE FINES CLAUSE OF THE EIGHTH AMENDMENTHesch, Joel D.University of Cincinnati Law Review
050 false claims by overbilling the government for patient visits. This amounted to $86,332 in actual damages and $258,996 in treble damages. The court then calculated $7.7 million in mandatory penalties. Citing the Eighth Amendment's Excessive Fines Clause, the cou...