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March 20, 2017
False Claims Act Information
Fraudulent Inducement as a Legal Theory Under the Qui Tam Provisions of the False Claims Act
While many defendants may assert that fraudulent inducement is not a viable theory of liability in a qui tam case under the False Claims Act (“FCA”), the truth is that the plentiful and better-reasoned authorities to consider this issue support FCA liability for defrauding the FDA. See United States v. […]
March 13, 2017
False Claims Act Information
False Claims Act Cases Based on Fraudulent Inducement
Liability under the False Claims Act (“FCA”) for fraud in the inducement is established when eligibility to receive funds under a government program was procured by misstatements or other misleading actions. Courts have repeatedly held fraudulent inducement is a viable theory of liability under the FCA. See United States ex […]
February 20, 2017
False Claims Act Information
Can You Sue A Company Under the False Claims Act If You Don’t Have Copies of Claims for Payment?
A common problem for potential whistleblowers trying to start a case under the False Claims Act (“FCA”) is that they do not always have access to individual claims for payment made by the target defendant. Often this results because the employee does not work in the finance or billing division […]
February 15, 2017
False Claims Act Information
Using Differences in Geographic Scope to Avoid the First-to-File Rule in False Claims Act Whistleblower Cases
As recounted in our previous blog entry, the federal False Claims Act (“FCA”) contains a first-to-file rule, which provides that “[w]hen a person brings an action under [the False Claims Act] no person other than the Government may intervene or bring a related action based on the facts underlying the […]
February 13, 2017
False Claims Act Information
Piercing the Attorney Client Privilege in Qui Tam Whistleblower Cases Under the False Claims Act
It is well established that the scope and conduct of discovery are well within the sound discretion of the trial court. Gaul v. Zep Mfg. Co., No. 03-2439, 2004 U.S. Dist. Lexis 1990, at *3 (E.D. Pa. Feb. 5, 2004) (quoting Marroquin-Manriquez v. Immigration and Naturalization Serv., 699 F.2d 129, 134 […]
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