Topic Archives: False Claims Act

FCA
September 21, 2016False Claims Act

Courts Are Taking Materiality Seriously Post-Escobar

In the three months since the U.S. Supreme Court issued its decision in Universal Health Services v. United States ex rel. Escobar, lower court decisions suggest a trend of strict interpretation of the high court’s materiality requirement for False Claims Act allegations. Pleadings generally must allege facts demonstrating materiality to avoid dismissal. As a result, ...›

False Claims Act
August 23, 2016False Claims Act, Small Business

4 Steps For Avoiding FCA Traps For SBA Lenders

Recent U.S. Department of Justice enforcement and qui tam suits demonstrate that Small Business Administration lenders face increasing risk of liability under the False Claims Act. This article provides an overview of SBA programs, describes traps for potential liability, and highlights steps that SBA lenders can take to reduce FCA exposure. ...›

FCA
July 20, 2016False Claims Act

Aveta And The Use Of Confidential Info In FCA Cases

In a recent case in the District of Puerto Rico, United States ex rel. Valdez v. Aveta Inc., et al., No. 15-cv-01140-CCC (D.P.R.), the former president of Puerto Rican-based managed health care provider Aveta Inc., Jose Valdez, alleged that the health care company submitted as much as $350 million in false claims to the government through the Medicare Advantage program by manipulating risk adjustment scores. ...›

FCA
June 20, 2016False Claims Act

Universal Health: The Supreme Court Approves Implied Certification; Focus on Materiality Provides a Mixed Blessing to Defendants in False Claims Act Cases

On June 16, 2016, a unanimous Supreme Court blessed the implied false certification theory of False Claims Act (FCA) liability, resolving a circuit split on the theory’s legitimacy. The Court held that implied certification will succeed as a theory of liability where (1) the claim makes specific representations about the goods and services being provided and (2) the defendant’s failure to disclose noncompliance with material statutory, regulatory, or contractual requirements makes those misrepresentations misleading. ...›

Litigation
June 17, 2016False Claims Act, Small Business

Government Contracts Takes Center Stage On Supreme Court Docket

In what was a banner day for government contracts on First Street yesterday, the Supreme Court issued two government contracts related decisions. First, in Kingdomware Technologies, Inc. v. United States, a case in which some of the firm’s attorneys participated, the Supreme Court overturned the Federal Circuit and Court of Federal Claims (and agreed with the Government Accountability Office) in concluding ...›

FCA

False Claims Act Trends: Technical Data, Software And IP

Government contracting has never been easy. But occasionally it is exciting, at least at the outset: Figuring out how to prepare the most competitive proposal and landing a significant contract are memorable achievements (assuming one survives the bid protest). The work also can be satisfying: Getting the customer what it needs, when it needs it, and doing this well can make a difference in peoples’ lives. ...›

False Claims Act
March 23, 2016False Claims Act

New Tech, Old Rules: 6 Tips For Tech Cos. Managing FCA Risk

When it was first enacted in 1863, the original purpose of the False Claims Act was to prosecute war profiteers who were selling sick mules and broken muzzle-loaded rifles to the Union Army. In recent years, its use has expanded to reach a broader scope of market participants — including the upstream suppliers and manufacturers of products that ultimately get purchased with federal dollars. ...›

FCA
February 18, 2016False Claims Act

3 Ways The Yates Memo May Affect FCA Cases

In September 2015, Deputy Attorney General Sally Quillian Yates announced a new U.S. Department of Justice policy memo setting forth “six key steps” designed to better hold individuals accountable for illegal corporate conduct. Two months later, the DOJ incorporated these steps into the U.S. Attorney’s Manual, which governs federal criminal and civil corporate investigations and charging decisions. ...›

False Claims Act
February 11, 2016False Claims Act

“Unleash the Hounds!” – Third Circuit Gives Lawyers the Green Light to File Their Own FCA Claims Based on Information They Learn Through Discovery

On February 2, 2016, the U.S. Court of Appeals for the Third Circuit held that a law firm qualified as an “original source” and could bring its own claim under the False Claims Act (FCA) based on information it learned during discovery in a federal civil case in which the United States was not a party. ...›