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October 24, 2014 Contractor Fraud

DRS Technical Services Agrees to Settle False Claims Act Allegations for $13.7 Million

Aside from healthcare fraud, intentional fraudulent misconduct pursuant to contracts for defense goods or services is one of the most common areas triggering liability under the federal False Claims Act. As you may recall, the False Claims Act got its start during the Civil War era as a way to […]
October 23, 2014 False Claims Act Information

Examining the Distinction Between Conditions of Participation Versus Conditions of Payment

The statutory requirements of the False Claims Act are highly specific, requiring a precise intent to defraud the government out of taxpayer dollars. An emerging issue across several federal courts involves the pivotal distinction between conditions for participation in Medicare or Medicaid versus conditions for reimbursement for patients enrolled in […]
October 22, 2014 Military Contractor Fraud

Boeing Agrees to Pay $23 Million to Settle False Claims Act Allegations

The Boeing Company, a preeminent aircraft manufacturer, has agreed to pay $23 million to the federal government amidst allegations of improper invoices for wages on behalf of workers employed at the San Antonio-based Aerospace Support Center. Despite Boeing’s assertions that the false claims were the result of accidental mischarges and […]
October 21, 2014 Omnicare

Understanding the Third Circuit’s Foglia Pleading Standard in False Claims Act Cases

When it comes to False Claims Act litigation, one of the most hotly-contested issues surrounds the standards for pleading a claim with specificity. As we have reported in the past, the federal circuit courts are decidedly split on the issue, with several requiring an extremely intensive, fact-specific pleading standard alleging […]
October 20, 2014 Omnicare

New Jersey District Court Denies PharMerica’s Motion to Dismiss in Ongoing Omnicare Case

As you may recall, our law firm has maintained a steadfast involvement in the False Claims Act case against pharmacy services giants Omnicare, Inc. and Pharmerica, representing pharmacist relator Marc Silver in his quest to expose the defendant’s ongoing fraud committed against Medicare and Medicaid. In a recent order entered […]
October 17, 2014 Healthcare Fraud

Tennessee District Court Approves Statistical Sampling in Pivotal False Claims Act Case

As we discussed yesterday, the False Claims Act is often triggered by widespread, pervasive, long-term fraudulent behavior–resulting in voluminous records and hundreds of thousands of invoices evidencing the fraudulent misconduct. As a result, courts have begun to consider whether the use of a statistical random sample of admissions or patient […]
October 16, 2014 Healthcare Fraud

District Court Allows Use of Sampling in Complex False Claims Act Case Against LifeCare

As you can likely imagine, the sheer volume of evidence that emerges during the investigation and discovery phases of a False Claims Act case can quickly overwhelm the court and create logistical difficulty for the party tasked with presenting such evidence to support an assertion of liability. For instance, if […]
October 15, 2014 False Claims Act Legal News

Pennsylvania Appellate Court Considers Confidential Nature of Qui Tam Actions in Light of Insurance Policy

In the corporate world, companies often take out extensive insurance policies to protect against the inevitable financial harms following a civil lawsuit. Much like any other insurance policy, the insurer will usually include language in the policy terms excluding coverage for any pending lawsuits filed or commenced prior to the […]
October 14, 2014 Healthcare Fraud

Shire Pharmaceuticals to Pay $56 Million to Settle False Claims Act Allegations

According to a recent announcement by the Department of Justice, Shire Pharmaceuticals has agreed to pay $56 million to settle claims it fraudulently marketed the popular attention-deficit drug Adderall and thereafter submitted claims to U.S. government healthcare programs for reimbursement. The allegations differ from the oft-cited problem of “off-label marketing,” […]
October 13, 2014 Healthcare Fraud

CVS Caremark Corporation Settles False Claims Act Allegations for $6 Million

In several prior posts, we have discussed the ongoing battle against “reverse false claims” involving Medicare and Medicaid patients. In general, a reverse false claim occurs when a healthcare provider or government contractor receives overpayment for an invoice and knowingly fails to issue a refund or reimbursement to the government. […]
October 10, 2014 SEC Fraud

SEC Announces $50 Million Whistleblower Award

In light of the 2008 financial crisis – which was propelled primarily by corporate misconduct and serious Wall Street delinquency – the 2010 Dodd-Frank Act was created in order to not only police investor transgressions but to incentivize those with knowledge of possible securities fraud to come forward and report […]
October 8, 2014 Healthcare Fraud

Novartis Pharmaceuticals to Face Possible False Claims Act Liability for Kickbacks

Swiss-based Novartis Pharmaceuticals has been subjected to possible liability under the False Claims Act – and a federal judge in New York recently concluded the case may continue. In U.S. ex rel. Bilotti v. Novartis Pharmaceuticals Corp., a whistleblower brought to light several issues involving the drug maker, most notably […]
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