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June 8, 2018 False Claims Act Information

North Carolina False Claims Act

In August 2009, the State of North Carolina adopted the North Carolina False Claims Act (“North Carolina FCA”), its own version of the federal False Claims Act (“FCA”). The North Carolina FCA, which became effective on January 1, 2010, allows private individuals who know about fraud to bring a qui tam case against a […]
June 7, 2018 False Claims Act Information

District of Columbia False Claims Act

In 2011, the District of Columbia adopted the District of Columbia False Claims Act (“DC False Claims Act”), its own version of the federal False Claims Act (“FCA”). The DC False Claims Act allows private individuals who know about fraud to bring a qui tam case against a person or entity […]
May 31, 2018 News

Susan Schneider Thomas Published in the University of Dayton Law Review

Berger Montague attorney Susan Schneider Thomas recently had her law review article published concerning the False Claims Act (“FCA”). The article is entitled “Misguided Meanders: The ‘Trail of Fraud’ under the Public Disclosure Bar of the False Claims Act,” published in 42 Univ. of Dayton Law Rev. 161 (2018).
May 30, 2018 News

Berger Aerospace Law Collection of the Biddle Law Library Honored by the Center for Ethics and the Rule of Law of the University of Pennsylvania Law School

The Berger Law collection at Penn’s Biddle Law Library represents one of the preeminent collections of printed documents, treatises and expert commentary on aerospace law held by an academic law library of the United States.
May 16, 2018 News

Berger Montague’s Antitrust Practice Group, Notable Practitioners Ranked in the Chambers USA 2018 Guide

Berger Montague is proud to announce that the firm’s antitrust practice group has been recognized in the Chambers USA 2018 Guide in the Antitrust – Pennsylvania category.
April 18, 2018 Healthcare Fraud

Sleep Labs and False Claims Act Violations

The American Academy of Sleep Medicine (“AASM”) recognizes a number of different sleep disorders which, taken together, affect millions of Americans. Some of the most common disorders are insomnia, narcolepsy/excessive daytime sleepiness, restless leg syndrome, REM behavior disorders, and obstructive sleep apnea (“OSA”). In particular, OSA is when a patient’s […]
April 18, 2018 False Claims Act Information

Does the Government Have to Agree to the Settlement of a Non-Intervened False Claims Act Case?

The False Claims Act provides that an action “may be dismissed only if the court and the Attorney General [of the United States] give written consent to the dismissal.” 31 U.S.C. 3730(b)(1).  In a recent case, the court considered the impact of this provision in connection with its decision that a […]
April 18, 2018 False Claims Act Information

How Should False Claims Act Damages be Calculated?

Submitting a False Claim & Calculating Government Damages A party who has been found to have submitted a false claim, or who has caused the submission of a false claim to the United States under the False Claims Act is liable for civil penalties of no more than $11,000 and no less […]
April 18, 2018 False Claims Act Information

False Claims Act

What is the False Claims Act? The Federal False Claims Act (“FCA”) is the primary weapon in combating fraud against the United States federal government. The FCA covers fraudulent claims made against any federal agency, program, contract, or grant. Many states have similar laws to protect themselves against the fraud. […]
April 18, 2018 False Claims Act Information

Texas False Claims Act

In 1995, the State of Texas passed its own version of the federal False Claims Act (“FCA”), the Texas Medicaid Fraud Prevention Act (“TMFPA”). The TMFPA is specifically geared toward combatting fraud against the Texas Medicaid Program. The Texas Medicaid Program provides healthcare and prescription drug coverage to low-income individuals. […]
April 18, 2018 SEC Fraud

SEC Whistleblower Law and the Securities Whistleblower Act

The SEC Whistleblower Statute and Statute of Limitations In July 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama.  Section 922 of the Act states that the SEC will be required to pay a reward to individuals who provide original information to the SEC resulting in monetary […]
April 18, 2018 False Claims Act Information

Qui Tam Relators Must Be Represented By Counsel

In three 2019 decisions, federal district courts have reiterated the established rule that whistleblowers cannot prosecute a False Claims Act (“FCA”) suit unless they are represented by counsel.  Tavares v. Rhode Island Super. Ct., 2019 WL 2269225, at *2 (D.R.I. May 28, 2019); McGhee v. Light, 2019 WL 2122893, at *2 […]
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