FALSE CLAIMS ACT CASES: EX PARTE ASSET ATTACHMENT UPON THE FILING OF THECOMPLAINT Elizabeth Wallace Fleming Preston Gates Ellis &. Rouvelas Meeds LLP Washington,DC Introduction In 1991, the Federal Debt Collection Procedures Act (28 USCFleming, Elizabeth Wallace...
False Claims Act Cases Identifying a false claim is seldom straightforward, so a False Claims Act casefilingmay take a variety of forms. Generally, however, there are three main elements seen in everyfalse claimcase: 1). a claim made by an individual or 2) for government money or funds ...
False Claims Act (FCA) cases, particularly in the government contracts space, often have several defendants; prime contractors, subcontractors, vendors and individuals are all common targets. In healthcare FCA cases, with increasing regularity, multiple parties (hospitals, providers, investors, etc.) ...
How the Press Treats False Claims Act Cases The law does allow somebody who is an original source of the information to pursue a False Claims Act case even if their allegation(s) have appeared in public. However, once the case is filed, it is filed under seal in order to allow the gov...
Is it a requirement under the False Claims Act that the relator must first raise the issue within the company? “It is not.” Why then don’t the employees just go straight outside and file their case under seal? “The people I represent take at face value their company’s word that...
The Supreme Court is considering two False Claims Act (FCA) cases that have the potential to reshape the FCA landscape and impact defense strategy. They are: U.S. ex. Rel. Polansky v. Executive Health Resources, in which it will decide whether the government retains authorit...
The Supreme Court may have opened the door to intense disagreement over the False Claims Act’s scienter element.
New Guidelines for Cooperation Credit in False Claims Act Cases: FCA Guidance Describes in More Detail the Bases for Civil Cooperation Credit Journal of Health Care ComplianceGITTENS, PRECIOUS M.
When it comes to whistleblower claims and False Claims Act (FCA) charges, clients count on Dechert to stay the course and mount a robust defense. We marshal the experience, expertise and resources of lawyers across multiple practice groups to represent businesses and individuals targeted by...
Damages are the most critical issue in aqui tamcase. The False Claims Act (the “FCA”) was enacted to provide restitution to the government for losses sustained as a result of fraud. The statute authorizes the award of actual damages and civil penalties to ensure that the government is made...