The article discusses the problem underlying issues in the "public disclosure" jurisdictional bar (PDJB) to the False Claim Acts (FCA) in the U.S. It notes on the value of statutory language which should be considered based upon a public disclosure during the minority interpretations of the ...
the Supreme Court unanimously held (with Justice Thomas writing the opinion) that the False Claims Act’s (FCA) scienter element refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. R...
2023 proved that there is never a dull moment when it comes to the False Claims Act (FCA). It was an especially significant year in terms of enforcement developments. The Department of Justice (DOJ) recovered approximately $2.7 billion through FCA settlements and judgments, making FY 2023 the...
The False Claims Act enables a private citizen with unique knowledge of fraud committed against the federal government (such as health care fraud, contract fraud, and tax fraud) to file a lawsuit under seal (not accessible to the public) seeking treble (triple the amount) damages on behalf ...
Implications: Crippling the False Claims Act Judge Mizelle’s decision seeks to end the historic success of the qui tam provision of the FCA by declaring the government’s most effective mechanism of detecting fraud as unconstitutional. While the decision does not invalidate the FCA nationally, this...
As the United States emerges from the darkest days of the COVID-19 pandemic and the Biden Administration settles in, the U.S. government andqui tamrelators continue to churn out litigation and investigations under the False Claims Act (“FCA”), the government’s primary tool for combatting ...
It is unusual for a False Claims Act case to go to trial, but it does happen. When a case goes to trial and the Relator and government prevail, the jury will determine the total amount of damage suffered by the government. Once the jury decides this number, the judge will treble it ...
Supreme Court held that that “[t]he False Claims Act’s scienter element refers to the pharmacies’ knowledge and subjective beliefs (not to what an objectively reasonable person may have known or believed).1,2 The Supreme Court further opined that the basis for determining the parties’ “...
Chapter 2:00 Substantive Provisions of the False Claims Act: An Introduction Chapter 2:01 The Meaning of "Person" Under the False Claims Act Chapter 2:02 The Meaning of "Cause" to Present a False or Fraudulent Claim Chapter 2:03 F...
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