Occasionally, a False Claims Act judgment or settlement will also result in non-monetary benefits to the government. In any of these cases, the Relator is still entitled to a share of the proceeds. Proceeds in Cases with Multiple Relators ...
The False Claims Act (FCA) imposes severe penalties on those who commit fraud against the federal government. The statute currently requires violators to pay treble damages plus a statutory penalty of five to ten thousand dollars per violation. The goal of the statute is to deter fraud by ...
The U.S. Supreme Court on April 18, 2023, heard oral arguments on a critical issue in False Claims Act (FCA) cases – the defendant's state of mind (i.e., scienter). The statute ascribes liability to anyone who "knowingly" submits false claims to the government.1The ...
Represented AIG in False Claims Act litigation relating to two former life insurance subsidiaries. Obtained dismissal with prejudice of all claims in multiple federal and state proceedings. Representing Gilead Sciences, Inc. in litigation arising under the False Claims Act in the United States District...
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 services ...
Members of Sidley’s False Claims Act (FCA) practice have extensive experience in representing financial institutions in investigations and litigations under federal and state FCAs. As a historical matter, government programs that absorb the greatest amount of taxpayer dollars receive the...
The U.S. Department of Justice (DOJ) announced several settlements related to False Claims Act (FCA) allegations this June. The settlements involved various types of health care entities, which shows…
Last year, Justice Clarence Thomas’s dissent inUnited States ex rel. Polansky v. Executive Health Resources, Inc., 599 U.S. 419 (2023) (“Polansky”), resurrected an old debate about whether the False Claims Act (FCA)qui tamprovisions violate Article II of the Constitution. Under this ...
Writing for the Court, Justice Clarence Thomas held that the False Claims Act's ("FCA") scienter element concerns a defendant's knowledge and subjective beliefs, not what an objectively reasonable person may have known or believed. To satisfy the scienter element, the Court concluded, "it is...
On September 30, 2024, US District Judge Kathryn Kimball Mizelle of the Middle District of Florida held in United States ex rel. Zafirov v. Florida Medical Associates, LLC that the qui tam provisions of the False Claims Act (FCA) create self-appointed “