Legal Insights & Articles

Sarbanes-Oxley Act of 2002

Congress passed the Sarbanes-Oxley Act of 2002 (also known as “SOX” and the Corporate Responsibility Act of 2002) in response to high-profile financial scandals in the early 2000s involving publicly traded companies such as Tyco, WorldCom and Enron, which called into question the trustworthiness of corporate financial statements. Its goal is to help protect investors from [...]

By | 2019-05-20T11:43:07+00:00 May 20th, 2019|SEC Fraud|

United States Supreme Court Unanimously Applies Extended Statute of Limitations under False Claims Act Favorably to Relators

As readers of this blog well know, the False Claims Act allows individuals who become aware of fraud committed against the federal government to bring a lawsuit on the government’s behalf. Although there are a variety of restrictions, the whistleblower (also called a relator) files the case under seal, allowing the government to decide [...]

By | 2019-05-15T13:51:23+00:00 May 15th, 2019|False Claims Act Legal News|

Court Ruling Supports Employee Use of Company Documents to Report Alleged Fraud

In an April 2019 opinion from the Eastern District of Pennsylvania, the court denied a company’s motion to require its employee to return all documents the employee had taken for purposes of reporting a suspected fraud to the government. In United States ex rel. Behnke v. CVS Caremark Corp., No. 14-cv-824, the court addressed [...]

By | 2019-05-07T05:24:37+00:00 April 26th, 2019|False Claims Act Legal News|

Duke University Settles Research Fraud False Claims Act Allegations for $112.5 Million

On March 25, 2019, the Department of Justice announced a large settlement with Duke University for False Claims Act (“FCA”) allegations related to fraud in connection with federal grants. Duke will pay the government $112.5 million to resolve allegations that it violated the FCA through the submission of various applications and progress reports based [...]

By | 2019-03-28T15:35:34+00:00 March 28th, 2019|False Claims Act Legal News|

Whistleblower Awarded More Than $2 Million By Commodity Futures Trading Commission

An individual whistleblower who provided information about fraud to the Commodity Futures Trading Commission (“CFTC”) was just awarded more than $2 million for information that led to both a CFTC action and a related action brought by another federal agency. The whistleblower’s contribution included significant assistance in analyzing complex market data. Two takeaways from [...]

By | 2019-04-24T11:48:33+00:00 March 13th, 2019|Commodities Futures Trading Fraud|

What is Best Price Fraud?

“Best Price” is a term used in connection with Medicaid reimbursement for brand name prescription drugs. Essentially, a drug manufacturer is required to charge Medicaid no more than whatever its best (lowest) price is to a non-government (or commercial) payor. Because Medicaid does not buy drugs outright and furnish them to patients, the government [...]

By | 2019-05-13T11:11:08+00:00 March 11th, 2019|Healthcare Fraud|

What is Customs Fraud?

Customs fraud is a catch-all term for frauds committed by companies trying to evade payments that are owed to the federal government in connection with the importation of goods into the United States. While there are many variations, the two major types of payments that are in play for imported goods are “antidumping” duties [...]

By | 2019-03-27T12:27:26+00:00 March 6th, 2019|Customs Fraud|

Objective Falsity Requirement Under the False Claims Act

Can a False Claims Act case go forward where the only evidence of whether the services at issue were medically necessary are two competing and opposing medical opinions? In a prior blog, we discussed recent holdings in AseraCare I, AseraCare II and Vista Hospice[1].  The main issue addressed in those cases was whether a [...]

By | 2019-03-27T12:28:29+00:00 February 27th, 2019|Healthcare Fraud|

Differences in Medical Opinion Under the False Claims Act

Courts have recently grappled with the issue of whether a Relator can maintain a case under the False Claims Act (“FCA”) where she retains an expert that says the medical services provided were not medically necessary and the defendant’s medical service provider or its retained expert says the exact opposite – that the service [...]

By | 2019-03-27T12:41:27+00:00 February 25th, 2019|Healthcare Fraud|

Whistleblower Rewards: How They Work

The federal False Claims Act (“FCA”) allows an individual with knowledge of fraud upon the federal government, often known as a whistleblower or qui tam relator, to bring a lawsuit on the federal government’s behalf to recover the funds. Many states  have adopted similar laws that apply to fraud upon state and local government entities. [...]

By | 2019-05-10T10:10:00+00:00 February 22nd, 2019|False Claims Act Information|
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