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August 18, 2017
General
The False Claims Act Tax Bar
The False Claims Act (“FCA”) generally applies to all false or fraudulent “claims” and broadly defines “claims” as including any request or demand for Government funds.[1] However, a little known provision of the FCA provides that it “does not apply to claims, records, or statements made under the Internal Revenue […]
August 9, 2017
General
Issues Arising Under the False Claims Act’s First-to-File Rule
The First-to-File Rule One of the many procedural obstacles that a potential qui tam plaintiff must overcome is the first-to-file (“FTF”) rule. This provision of the False Claims Act (“FCA”) states that “no person” other than the Government may intervene or bring a related action based on the facts underlying […]
August 1, 2017
General
“Transactions of Fraud” in the Third Circuit
The Third Circuit has repeatedly held that “to constitute ‘allegations or transactions,’ the public disclosure must either allege the actual fraud, or must allege both the misrepresented state of facts and the true state of facts such that an inference of fraud may be drawn.” United States ex rel. Morgan […]
July 26, 2017
General
Ninth Circuit Applies Escobar to Assess Materiality in False Claims Act Case
The Ninth Circuit applied the materiality requirement for claims under the False Claims Act (“FCA”) and provided guidance for the application of the Supreme Court’s seminal decision on the FCA’s materiality requirement in Universal Health Servs., Inc. v. United States ex rel. Escobar.[1] The False Claims Act’s Materiality Requirement Under […]
July 24, 2017
General
Employees and Competitors Should Be on the Lookout for Violations of “Buy American” Laws in Federal Procurement, Part II
We previously wrote about the adverse inference permitted by the court in United States ex rel. Scutellaro v. Capitol Supply, 2017 WL 1422364 (D.D.C. Apr. 19, 2017). That inference allowed the whistleblower and the government to prove the falsity element of their claims against a supplier of office products to […]
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