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October 2, 2017
Rule 9(b)
False and Misleading Statements by Omission Can Be Actionable Under the False Claims Act
In bringing a claim under the False Claims Act (“FCA”), typically there are some sort of false or fraudulent statements made to the government. See 31 U.S.C. § 3729(a)(1)(A), (B). However, it should be noted that FCA claims may be committed by an affirmative misrepresentation or omission. See Universal Health […]
September 29, 2017
News
Aetna to Provide Emergency Relief to Members Affected by HIV/AIDS Privacy Breach
Aetna announced yesterday that it is now offering emergency relief for individuals harmed by Aetna’s mailing in July 2017 that disclosed information about HIV/AIDS medication through a large transparent window on the envelope.
September 29, 2017
False Claims Act Information
Declined vs. Intervened False Claims Act Cases
The False Claims Act allows a private individual to bring a case on behalf of the federal government for fraud against the government. In other words, if an individual (a “relator”) knows of another person or entity who is cheating the government through fraud, the False Claims Act allows the […]
September 25, 2017
False Claims Act Information
The Public Disclosure Bar and “Substantially Similar”
After finding that transactions of fraud have been publicly disclosed, the next step in the public disclosure analysis is determining if the allegations in the complaint are “substantially the same” as those publicly disclosed transactions of fraud. See Moore, 812 F.3d at 301. The Public Disclosure Bar Language Pre/Post 2010 […]
September 19, 2017
News
Berger Montague and Kehoe Law Firm, P.C. File Class Action Lawsuits Against Experian and TransUnion Over Inaccurate Tax Lien Reporting
The complaints allege that Experian and TransUnion, two of the “big three” U.S. consumer reporting agencies, willfully violated the Fair Credit Reporting Act (“FCRA”) by reporting tax liens that were already paid and failing to follow reasonable procedures to ensure that the tax lien information they reported was as accurate as possible.
September 12, 2017
False Claims Act Information
FERA and the False Claims Act, Part I: No Direct Presentment Required
In May 2009, Congress passed the Fraud Enforcement and Recovery Act of 2009 (“FERA”), which implemented substantial changes to the False Claims Act (“FCA”) for the first time in two decades.[1] This three-part series of blog articles will discuss three of the most important changes, including (1) a clarification that […]
August 18, 2017
Tax Fraud
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
False Claims Act Information
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
False Claims Act Information
“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
False Claims Act Legal News
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
Contractor Fraud
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 […]
July 21, 2017
Contractor Fraud
Employees and Competitors Should Be on the Lookout for Violations of “Buy American” Laws in Federal Procurement, Part I
Earlier this year, the D.C. District Court denied cross-motions for summary judgment in a False Claims Act (“FCA”) case alleging that defendant Capitol Supply sold document shredders manufactured in China through the General Services Administration (“GSA”) website, in violation of the Trade Agreements Act (“TAA”). United States ex rel. Scutellaro […]
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