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Fraud and Abuse Rules Part V: Easing Stark Law Compliance
Fraudulently Obtained Drug Patents Created “Downstream” Fraud on Government Healthcare Programs; United States District Court for the Northern District of California No. 18-cv-03018 JCS, Zachary Silbersher, et al. v. Allergan Inc., et al.
Court Stays Patent Fraud Case Pending Ninth Circuit Appeal; United States District Court for the Northern District of California No. 18-cv-03018 JCS, Zachary Silbersher, et al. v. Allergan Inc., et al.
Physician Alleged Fraudulent Diagnoses, but Could Not Say Whether They Resulted in Claims; United States District Court for the Middle District of Florida, Tampa Division, No. 8:12-cv-236-VMC-AEP, Emese Simon and Florida Rehabilitation Associates, Pllc v. HealthSouth of Sarasota Limited Partnership, et al.
Second Circuit: “Payment Decision” Includes Contract Formation in Fraudulent Inducement Cases; United States Court of Appeals for Second Circuit No. 19-4331, United States v. Lee Strock, et al.
IT Vendor Settles Alleged Over-Billing for Under-Qualified Employees, for $6 Million
Courts Continue to Diverge on How Post-Complaint Government Conduct Affects Materiality Analysis Under Escobar
Senator Grassley and Senior DOJ Official Discuss Potential False Claims Act Changes and Enforcement Priorities
Expert Can Testify on Work Environment, But Can’t Tell Jury How to Feel About it; United States District Court for the Middle District of Florida, Tampa Division, No. 8:14-cv-778-T-33AAS, Darius Clarke M.D., et al. v. HealthSouth Corporation, et al.
Opinions Alone Insufficient Basis for Expert Declaration; United States District Court for the Middle District of Florida, Tampa Division, No. 8:12-cv-236-VMC-AEP, Emese Simon and Florida Rehabilitation Associates, Pllc v. HealthSouth of Sarasota Limited Partnership, et al.
Claims Frivolous if Relator Cannot Show Knowledge, Materiality; United States District Court for the District of Nevada No. 2:15-CV-1621 JCM (VCF), U.S. ex rel. Cheryl Nolte Barnes v. Clark County, et al.
Vague Assertion of “Inside Knowledge” Insufficient to Support Kickback, Billing Fraud Allegations; United States District Court for the Middle District of Florida, Orlando Division, No. 6:19-cv-2237-Orl-37LRH; U.S., Florida, and Omni Healthcare Inc. v. Health First Inc., et al.
PPP Fraud Is Ripe for Enforcement in 2021. Can Self-Disclosure & Cooperation Create a Path to Leniency?
Contractors May Not Always Have the Required Ethics and Compliance Programs They Think They Have – and There are Consequences
New Limits to the UK SFO’s Ability to Compel Production of Evidence from Overseas May Lead to Increase in DOJ Investigations
Fastest 5 Minutes: Suspension/Debarment, False Claims Act, and Oversight (February 19)
Defendants Who Falsely Certified 8(a) Eligibility Doubled Down on Fraud With Every Bid; United States District Court for the Western District of Texas, San Antonio Division No. SA-16-CV-00523-JKP-RBF, U.S. ex rel. Daniel Montes Jr. and Elizabeth Hudson v. Main Building Maintenance Inc., et al.
Res Judicata Does Not Bar Claims Raised in Private Suit That Did Not Seek FCA Recovery; United States District Court for the Eastern District of Pennsylvania No. 20-2027, U.S. and Pennsylvania ex rel. Alisha Alejandro v. Philadelphia Vision Center, et al.
District Court Only Party Happy with Magistrate Judge’s Recommendation on Relators’ Attorneys’ Fees; United States District Court for the District of New Jersey No. 11-1210, U.S. ex rel. Wendy Bahnsen et al. v. Boston Scientific Neuromodulation Corporation
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