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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 […]
April 18, 2018
False Claims Act Information
“Original Source” Under the False Claims Act
One of the critical elements for a whistleblower in successfully bringing a qui tam lawsuit under the False Claims Act is being able to prove that the whistleblower is an “original source.” In general, courts have no jurisdiction over qui tam actions based upon the public disclosure of allegations or transactions, such […]
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