The FCA imposes a penalty for each violation of the statute, as well as “3 times the amount of damages which the Government sustains because of the act of” the defendant. 31 U.S.C. § 3729(a). In cases involving allegations that claims for payment were “tainted” by a defendant’...
and health care technology companies and executivesin non-public investigations conducted by federal and state enforcement agencies alleging off-label promotion, improper sales and marketing practices, pricing issues, and violations of the Anti-Kickback Statute, the False Claims Act, HIPAA and HITECH....
False claims actAnti-Kickback StatuteFraudFalse claimsCybersecurityHealth care entities doing business with the federal government may run afoul of the False Claims Act and Anti-Kickback Statute not only when they directly submit fraudulent claims for government reimbursement but also when they create ...
Martin v. Hathaway, holding that plaintiffs in False Claims Act (FCA) cases alleging a violation of the Anti-Kickback Statute (AKS) must establish that the false claim would not have occurred "but for" the illegal kickbacks. Circuit decisions have been split regarding what kind of causal ...
Designed to prevent fraud and other abuses in federal government programs, the False Claims Act has been the primary statute the government has used in its fight against health care fraud. However, government prosecutors do not rely on one statute in their prosecution of alleged cases of health...
Filing a False Claims Act Case The statute allows for a person to file a False Claims Act case and who is a person under the False Claims Act is usually loosely interpreted. Some cases have even been filed in the name of companies, which may be allowed but may complicate things regarding...
False Claims Act Cleary Gottlieb advises companies, their boards and management, and individuals on effective responses to matters relating to the federal False Claims Act (FCA), anti-kickback statutes, and similar state laws. This includes representing clients in:...
Latham represents individuals and companies across a wide range of industries in complex investigations and high-stakes fraud matters alleging violations of the US False Claims Act (FCA), Anti-Kickback Statute (AKS), and other claims brought by the US federal government and/or qui tam whistle...
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...
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 aut...