Our2023 Mid-Year False Claims Act Updatediscussed the deepening circuit split over the proper causation standard for AKS-predicated FCA claims. In brief, the Sixth Circuit and Eight Circuit have held that the AKS imposes a “but for” causation standard,see e.g.,United States ex rel. Martin...
Twelve-Year Litigation Put to Bed The University of Pittsburgh Medical Center (UPMC) paid $38 million to settle a whistleblower-initiated—aka “qui tam”—False Claims Act (FCA) suit earlier this month, ending more than a [...]
The Administrative False Claims Act may quietly reshape enforcement practices in coming years Importers may see an increase in CBP and DOJ enforcement as well as qui tam actions from those trying to level playing field 作者:Kate SeikalyKendra Perkins NorwoodRizwan A. QureshiMichael J. LowellJe...
False Claims Act Year in Review 2013Stacy L. Brainin
Thirty-five years ago, Congress ushered in the modern era of False Claims Act (“FCA”) enforcement when it enacted the False Claims Amendments Act of 1986. At the time, the FCA was a seldom-enforced statute that resulted in government recoveries each year counted in the tens of millions....
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One of the most powerful tools used by the federal and state governments to identify fraud and recover overpayments in government programs is the federal False Claims Act, 31 U.S.C. section 3729 et seq. (“FCA”), and corollary state false claims acts. We are experienced in responding to...
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’ “...
Helmer, Martins, Tate & Garrett Co., LPA is the nation's most experienced law firm representing qui tam whistleblowers in a wide range of False Claims Act and other whistleblower cases.