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No AKS Violation Where Relators Fail to Show Compensation for Referrals; United States District Court for the District of South Carolina, Aiken Division, No. 1:17-cv-01493-JMC, U.S. ex rel. Tanja Adams, et al. v. Remain at Home Senior Care LLC, et al.
Healthcare Fraud Claims Fail to Show Link Between Alleged Fraudulent Diagnoses and Submission of Any Claims for Payment; United States District Court for the District of South Carolina, Aiken Division, No. 1:17-cv-01493-JMC, U.S. ex rel. Tanja Adams, et al. v. Remain at Home Senior Care LLC, et al.
Court Dismisses Qui Tam Complaint Against Third-Party Hired by Defendant After Dates of Alleged Fraud; United States District Court for the District of Maryland No. DKC 17-3525, U.S. ex rel Christopher James Kelly-Creekbaum v. L’Academie de Cuisine Inc., et al.
Dismissal of FCA Complaint Pursued Pro Se Should Have Been Without Prejudice; United States Court of Appeals for the Eleventh Circuit No. 20-11260, John Taylor and Tunya Taylor v. the Multiplan Network, et al.
Worth the Wait? DOJ’s First FCPA Opinion in Six Years Finds that Payment to Government-Owned Entity Does Not Violate the FCPA
Government May Have Continued to Pay Warzone Contractor Due to Urgent Need, but Those Payments Still Undercut the Relator’s Materiality Argument; United States District Court for the Southern District of New York No. 16 Civ. 1960 (LLS), U.S. Hassan Foreman v. AECOM, et al.
District Court Denies Summary on Allegedly ‘Undisputed’ Facts in Long-Running Medicare Fraud Case; United States District Court for the District of Utah No. 2:16-CV-304 TS, U.S. ex rel. Gerald Polukoff M.D. v. St. Mark’s Hospital, et al.
DC Circuit Vacates Portion of FCA Judgment: Government Showed Physicians Never Signed Patient Records, but Failed to Prove Who Did; United States Court of Appeals for the District of Columbia Circuit No. 17-5265, U.S. v. Dynamic Visions Inc., et al.
Imprecise Language on Drug Control Security Requirements Cannot Support FCA Claim; United States District Court for the Northern District of California No. 19-cv-02233-DMR, U.S. ex rel. Carl Kelley and Michael McElligott v. McKesson Corporation
EHR Vendor Settles HITECH Fraud Case
DBE Goals Not ‘Merely Aspirational’ When Contract Threatens Termination for Noncompliance; United States District Court for the Southern District of New York No. 1:19-CV-02096, U.S. v. Spectrum Painting Corp. and Tower Maintenance Corp.
No Harbor is Limitless: Restrictions of the Federal Anti-Kickback Statute’s Safe Harbor Provisions
Claims Tainted by Kickbacks Automatically False; United States District Court for the Northern District of California No. 16-cv-02487-JCS, U.S. ex rel. STF LLC v. Vibrant America LLC
U.S. Department of Justice Requires Qui Tam Relators to Disclose the Involvement of Third-Party Litigation Funding in False Claims Act Cases
Seventh Circuit Adds to Circuit Split Over Standard for DOJ Dismissals in FCA Cases
Government Can’t Trade Meritless Claims for New Allegations Post-Discovery; United States District Court for the District of Minnesota No. 13-cv-303 (WMW/DTS), U.S. v. Cameron-Ehlen Group Inc., et al.
How Do You Know When a Term Is Material? It’s “Obvious,” Says the Eleventh Circuit
Stop in the Name of Fraud?: After-the-Fact Fraud Allegation Does Not Divest ASBCA of Jurisdiction
Use of Defective Software Does Not Necessarily Lead to False Certification; United States District Court for the Southern District of Florida No. 18-20394-Civ-Scola, U.S. ex rel. Derek Lewis and Joey Neiman v. Community Health Systems Inc., et al.
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