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Philips Recalled CPAP, Bi-Level PAP, and Mechanical...
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April 17, 2017
False Claims Act Information
Small Business Association 504 Loan Program and Liability under the False Claims Act
Basics of the Small Business Association 504 Loan Program The Small Business Association (“SBA”) 504 Loan Program offers small businesses long-term, fixed-rate financing to acquire major fixed assets for expansion or modernization. A Certified Development Company (“CDC”) is a nonprofit corporation certified by the SBA that generates, closes, and services […]
April 12, 2017
False Claims Act Information
Applying the Anti-Kickback Statute to Pursue Qui Tam Whistleblower Actions Under the Federal False Claims Act and the Delaware False Claims Act
Violations of the Anti-Kickback Statute Form the Basis of False Claims Act Liability Congress has long viewed the elimination of kickbacks as central to any efforts to combat Medicare and Medicaid fraud and abuse. United States v. Greber, 760 F.2d 68, 70-71 (3d. Cir. 1985). Because kickback schemes negatively affect […]
April 10, 2017
False Claims Act Information
Unexpected Problems with the Qui Tam Seal
By law, qui tam cases must be filed under seal. This means that there is no public record of the case having been filed, and the defendant is unaware of the case until the seal is lifted. A plaintiff who breaks the seal by discussing the seal publicly may forfeit […]
April 7, 2017
False Claims Act Information
What Happens If a Prospective Employer Refuses to Hire You Because You Have Been a Whistleblower Before?
Although the federal False Claims Act (“FCA”) and most state statutes provide a whistleblower with claims against retaliation by an employer, it is not clear whether that protection extends beyond the specific company that you reported against. Unfortunately, some prospective or subsequent employers might try to avoid hiring you or […]
March 22, 2017
False Claims Act Information
Meeting the Materiality Requirement of the False Claims Act in Cases Brought by Qui Tam Whistleblowers
The False Claims Act’s Materiality Requirement Under the express language of the False Claims Act (“FCA”), material means having a “natural tendency to influence or be capable of influencing” the government’s decision to pay a claim. 31 U.S.C. § 3729(a)(4). The Escobar Decision Under the 2016 Supreme Court case of […]
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