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November 2, 2015 False Claims Act Legal News

The False Claims Act in Fiscal Year 2015: Nearly $3 Billion Recovered on Behalf of Taxpayers

In a recent article published by the whistleblower advocacy organization Taxpayers Against Fraud (TAF), an unofficial tabulation of False Claims Act settlements shows a lucrative fiscal year with over $3 billion recovered on behalf of taxpayers, with $2 billion of that represented by whistleblower-initiated cases. FY 2015 saw many repeat […]
October 13, 2015 False Claims Act Legal News

Berger Montague Help Whistleblower Avoid Wrongful Dismissal Over Amended Complaint

In yesterday’s post, we discussed various issues that can arise at the pleadings stage of a False Claims Act lawsuit. To correct any perceived deficiencies, relators may ask to submit an amended complaint to include additional information, add or delete certain defendants, or fix errors concerning formatting or filing requirements.
October 7, 2015 False Claims Act Legal News

Fourth Circuit Set to Consider Controversial ‘Statistical Sampling’ Issue in Pivotal FCA Case

In a case of first impression, the False Claims Act-heavy Fourth Circuit has agreed to review an interlocutory appeal over whether the use of statistical sampling is sufficient to establish liability under the Act, or whether plaintiff-relators must actually submit evidence to support each and every allegation. The case, known […]
August 18, 2015 False Claims Act Legal News

D.C. Circuit Court Upholds ‘Implied Certification Theory’ in Recent False Claims Act Case

In yesterday’s post, we explored the concept of implied certification under the False Claims Act – a theory which somewhat eliminates the requirement for explicit false claims activity, but requires evidence that the defendant knew or should have known his activity did not comply with a government contract, but continued […]
August 3, 2015 False Claims Act Legal News

Berger Montague Exploring Possible Fraud Within Indexed Universal Life Insurance Policies

An indexed universal life insurance policy is a financial product designed to offer policyholders a variable return rate on their insurance funds, usually tied to the daily rates as set by entities like Standard & Poor’s. More specifically, these policies – which are predominantly similar to traditional universal life insurance […]
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