Legal Insights & Articles

3 Most Common Credit Report Errors

You may be surprised at how often credit reports contain errors. Your credit report can have a significant impact on your life. Mistakes on your credit report can prevent you from getting a mortgage, a car loan, a credit card, or financial assistance when you need it. Some types of credit report errors are seen [...]

By |2022-08-25T09:40:08-04:00May 12th, 2022|Credit Reports|

The Inherent Risks of Securities-Backed Lines of Credit

For investors seeking quick—and virtually unrestricted—cash without having to sell their investments, securities-backed lines of credit (“SBLOC”) have emerged as an exceedingly popular option. The SBLOC concept is simple. For monthly interest-only payments, brokerage firms extend to investors a revolving line of credit that is collateralized against assets in the investors’ portfolios. With SBLOCs, investors [...]

By |2022-07-29T06:51:58-04:00June 28th, 2021|Uncategorized|

Oklahoma Medicaid False Claims Act

The Oklahoma Medicaid False Claims Act (“Oklahoma Medicaid FCA”) provides severe penalties for individuals who submit false claims to SoonerCare (Oklahoma’s Medicaid program). It also provides powerful incentives and protections for private individuals with knowledge of Medicaid fraud to pursue claims on the State’s behalf. The Oklahoma Legislature adopted the Oklahoma Medicaid FCA in [...]

By |2020-08-24T11:30:10-04:00September 3rd, 2019|False Claims Act Information|

Availability of Information Online Does Not Automatically Bar Qui Tam Action

The Public Disclosure Bar in False Claims Act Cases A provision of the False Claims Act commonly referred to as the Public Disclosure Bar stops relators from pursuing actions on behalf of the government if the “transactions and allegations” of fraud have been publicly disclosed through various sources listed in the statute. 31 U.S.C. [...]

By |2020-08-24T11:32:56-04:00August 28th, 2019|False Claims Act Legal News|

Failure to Accurately Report Drug Prices Constitutes Medicare and Medicaid Fraud

On August 5, 2019, the United States District Court for the Central District of Illinois issued a rare ruling granting partial summary judgment for plaintiff-relators in a False Claims Act case. United States ex rel. Schutte v. SuperValu, Inc. et al., No. 11-3290, 2019 WL 3558483 (C.D.Ill. Aug. 5, 2019). Relying heavily on the [...]

By |2020-08-24T11:36:05-04:00August 21st, 2019|False Claims Act Legal News|

Medicare Would “Likely” Not Pay for Hospice Care for Deceased Patients

If one reads between the lines of a May 7, 2019 opinion from the U.S. Court of Appeals for the Fifth Circuit (covering Texas, Louisiana and Mississippi), it appears that the court comes to the seemingly unremarkable conclusion that Medicare would not intentionally pay for hospice care for patients who are dead: “Relators claimed [...]

By |2020-08-24T11:37:36-04:00August 6th, 2019|False Claims Act Legal News|

What is the Foreign Corrupt Practices Act?

The Foreign Corrupt Practices Act (“FCPA” or “the Act”) (15 U.S.C. §§ 78dd-1, et seq.) is a 1977 federal statute passed to enhance financial transparency among American companies. The FCPA was passed in response to investigations conducted by the Security and Exchange Commission (“SEC”) in the early 1970’s that found bribery directed towards foreign [...]

By |2020-08-24T11:40:00-04:00August 1st, 2019|SEC Fraud|

Court Defends “Professional” Relator Against Government Overreach

In U.S. ex rel. CIMZNHCA v. UCB, Inc., 2019 WL 1598109 (S.D. Ill. Apr. 15, 2019), the court denied the Government’s motion to dismiss a facially valid case alleging illegal kickbacks. The relator is a limited liability holding company of an entity called the National Health Care Analysis Group, which is an entity formed [...]

By |2020-08-24T11:40:33-04:00June 19th, 2019|False Claims Act Legal News|

Government Joins Case Involving Drug Manufacturer’s Illegal Payments of Patient Co-Pays on Expensive Drug

The Department of Justice, with the Office of the United States Attorney of the Eastern District of Pennsylvania, recently joined a lawsuit filed by private whistleblowers against Mallinckrodt ARD LLC, a drug manufacturer. The Government’s complaint was filed on June 4, 2019, although the case had initially been filed in 2012. The case alleges [...]

By |2020-08-24T11:42:32-04:00June 17th, 2019|False Claims Act Legal News|

Court Rewards Relators’ Extraordinary Contribution to False Claims Act Litigation by Awarding 28.5% Relator Share

In U.S. ex rel. Bibby v. Wells Fargo Bank, N.A., 369 F. Supp. 3d 1346 (N.D. Ga. 2019), the district court that had handled the False Claims Act (“FCA”) litigation for the last seven years of its thirteen-year history rejected the Government’s attempt to limit relators to the minimum statutory share and instead awarded [...]

By |2020-08-24T11:43:20-04:00June 14th, 2019|False Claims Act Legal News|
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