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Quince False Advertising Investigation
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April 28, 2017
General
Violations of “Buy American” Laws Can Be Grounds for Lawsuits Under the False Claims Act
In a two-part Executive Order (“EO”) issued earlier this month, the president took steps towards his campaign promise to promote “Buy American” and “Hire American” policies. This post focuses only on the “Buy” side of the EO. Any tightening of Buy American policies at the federal procurement level raises the […]
April 26, 2017
General
Advice to a Potential Relator About Taking Documents from an Employer to Support a False Claims Act Lawsuit
Common Sense Advice Your Client Can Understand It is important to advise your Relator client about the parameters of securing documents and information derived from an employer’s or former employer’s computer system. Many clients still work at the company or have left and some have signed confidential agreements. They are […]
April 24, 2017
General
Another Appeals Court Limits One of the Barriers to a Whistleblower Lawsuit
In United States ex rel. Hayes v. Allstate Ins. Co., et al., Case No. 16705, 2017 WL 1228551 (2d Cir. Apr. 4, 2017), the Second Circuit addressed an objection that it lacked jurisdiction over a whistleblower’s qui tam suit pursuant to what is known as the “first-to-file” rule. 31 U.S.C. § 3730(b)(5). That provision of the False Claims Act (“FCA”) states that “[w]hen a person brings an action […]
April 17, 2017
General
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
General
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 […]
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