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July 2, 2014
False Claims Act Legal News
District Court Examines ‘Strong Public Policy’ Against Counterclaims in False Claims Act Cases
The False Claims Act was originally designed to protect the government and, ultimately, U.S. taxpayers from the abuses perpetrated by unprincipled and fraudulent government contractors. The statute provides a unique remedy for the individual, known as the relator, willing to come forward with the details of fraud and provides up […]
July 1, 2014
False Claims Act Legal News
Ex-Cyclist Lance Armstrong Dealt Another Blow in U.S. Postal Services’ Whistleblower Lawsuit
In yet another defeat for former cycling hero Lance Armstrong, the U.S. Postal Service was given the green light to continue its False Claims Act case by U.S. District Judge Robert L. Wilkins, of the U.S. Court of Appeals for the District of Columbia Circuit. The whistleblower lawsuit, which seeks to […]
June 30, 2014
Military Contractor Fraud
Solicitor General Urges Courts to Put Military-Related False Claims Act Cases on Hold Under Wartime Suspension of Limitations Act
The False Claims Act got its start addressing fraud and misconduct pursuant to contracts with the U.S. military during the Civil War. The Act works to deter and punish government contractors who take advantage of the Department of Defense under contracts for the provision of materials, logistics, support, and many […]
June 27, 2014
False Claims Act Legal News
What is ‘Fraud?’: Whistleblower Case Examines Distinction Between Intent and Mistake
Litigation under the federal False Claims Act has steadily increased in recent years, prompting litigants to regularly impose upon appellate courts various questions of law and legislative interpretation. As we reported last week, the U.S. Circuit Courts are evenly split over how specific a Relator must plead claims under the […]
June 26, 2014
SEC Fraud
SEC Settles Unprecedented Whistleblower Retaliation Lawsuit
Like several other federal agencies, the Securities and Exchange Commission has implemented a whistleblower program allowing those with first-hand knowledge of fraud to come forward, report what they know, and enjoy protection from employer retaliation. As we have reported in the past, employees choosing to report fraud to internal compliance […]
June 25, 2014
Healthcare Fraud
Justice Department Opts to Intervene in Whistleblower Lawsuit Against IPC the Hospitalist
The U.S. Department of Justice has opted to intervene in a whistleblower lawsuit against IPC the Hospitalist, Inc. – a nationwide group of physicians focused on the practice of the “delivery of hospital medicine and related facility-based services.” According to the allegations, IPC has engaged in the consistent practice of […]
June 24, 2014
Commodities Futures Trading Fraud
Commodity Futures Trading Commission and SEC Issue Whistleblower Rewards; Withhold Details
While healthcare fraud remains a top priority for the Department of Justice and other governmental agencies, several other areas of fraud are also on the rise – including misconduct against the Internal Revenue Service, Securities and Exchange Commission, and the Commodities Futures Trading Commission. All of these agencies recently implemented […]
June 23, 2014
Healthcare Fraud
Bon Secours Embroiled in Latest Rule 9(b) Discrepancy Within Federal Fourth Circuit
As we have reported in the past, the federal Courts of Appeal are engaged in a near-even split over the applicability of Federal Rule of Civil Procedure 9(b) to filings under the False Claims Act. Fed. R. Civ. P. Rule 9(b) reads as follows: In alleging fraud or mistake, a […]
June 20, 2014
Military Contractor Fraud
False Claims Act Defendant Blames Law Firm for Bad Advice Regarding Medical Supplies Contract with U.S. Army
The commission of fraud against the U.S. military is, quite literally, the oldest trick in the False Claims Act book. This sort of misconduct gave rise to the implementation of the False Claims Act during the Civil War and continues to present itself as an issue in need of elimination. […]
June 19, 2014
Healthcare Fraud
Recently-Unsealed Healthcare Fraud Case Reveals Whistleblowers Not Always Former Employee; Competitor Files Suit
It is often believed that in order to satisfy the False Claims Act’s “original source” requirement, one must be a former employee, patient, or colleague of the alleged fraudulent party. However, as today’s case illustrates, a whistleblower can be anyone – including a competitor. In a case unsealed late March […]
June 18, 2014
Healthcare Fraud
Whistleblowers Fight for Portion of Settlement Despite Possible Statute of Limitations Defense
Two courageous whistleblowers are taking their fight for a qui tam reward all the way to the United States Supreme Court, asserting the government would have never recovered the $36 million it received from Houston-area doctors Dr. Arun Sharma and Dr. Kiran Sharma but for their information and participation in […]
June 17, 2014
Healthcare Fraud
Recently-Released Data Portrays Alarming Physician Reimbursement Rate Under Medicare Part B
Early last month, the Centers for Medicare and Medicaid services publicly released their data pertaining to reimbursement amounts provided to physicians under the Medicare Part B program – and many industry officials are not too happy about the numbers. According to the Inspector General of the Department of Health and […]
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