The article examines the expansion of contractor and subcontractor liability in the False Claims Act under the Fraud Enforcement and Recovery Act of 2009 (FERA) in the U.S. The FERA does not require direct presentment to the federal government for liability to arise. Also noted is the lack ...
The New York False Claims Act is similar to the Federal False Claims Act. The Federal False Claims Act provides protection to qui tam relators (individuals who commence a False Claims action) who are discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated agains...
On February 21, the district court granted plaintiffs’ request. The court held that the plaintiffs are likely to prevail on the merits of their First and Fifth Amendment claims. As to the former, the court held that the EOs “expressly targe[t] … t...
Federal district court holds that application of the False Claims Act鈥檚 civil penalty provision would violate the Eighth Amendment鈥檚 prohibition of excessive fines and declines to impose penalties where there is no evidence of economic harm to the government...
Jones Day is defending Education Management Company (EDMC) against a False Claims Act action brought by private relators and joined by the federal government, several states and the District of Columbia. EDMC is one of the nation's largest, for-profit, p
Hospital system defends against novel federal and state False Claims Act qui tam lawsuits Client(s)Hospital system Jones Day is representing a hospital system in connection with two novel federal and state False Claims Act matters alleging improper arrangements with Medicaid managed health care plans....
In a decision that may have far-reaching implications to the Federal Government’s efforts to oversee the E-Rate Program, the Fifth Circuit Court of Appeals recently reversed a district court decision denying several technology companies’ motion to dismiss a False Claims Act (FCA) case aris...
The Federal Fraud Enforcement and Recovery Act of 2009 (FERA) was enacted in May 2009. FERA is a major expansion of the Federal False Claims Act and has significant application to Medicaid providers, managed care plans, and their contractors. Under the Federal False Claims Act, a "Claim" ...
The Qui Tam Provision of the Federal False Claims Act: The Statute in Current Form, Its History and Its Unique Position to Influence the Health Care Industry Unlike the defense industry (which has relatively little contact with the general public), the health care industry, as a service ...
The Justice Department’s enforcement programs are resuming – False Claims Act, FCPA and other programs will continue. The rate of enforcement, however, is subject to change once again from the impact of the pandemic. As the pandemic continues to spread, DOJ focus on pandemic related fraud ...