Articles related to Government Investigations and the False Claims Act

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The U.S. District Court for the Northern District of Illinois Holds that “But-For” Causation Is Required to Establish FCA/AKS Liability

[06/20/25]

D.C. Court of Appeals Joins Prohibition on Pro Se Pursuit of FCA Claims

[04/07/25]

D.C. Court of Appeals Shuts Down Recycled Fraud Claims Under Public Disclosure Bar

[03/24/25]

Understanding the Fourth Circuit’s Ruling on the First-to-File Rule in FCA Cases

[03/12/25]

Federal Court Slashes $448 Million False Claims Act Penalty, Citing Eighth Amendment

[03/11/25]

Federal District Court Issues Nationwide Injunction Preventing Implementation of Core Provisions of President Trump’s Anti-DEI Executive Orders, Including FCA Liability

[02/25/25]

Executive Order Creates Potential False Claims Act Liability for Employment Discrimination

[01/31/25]

DOJ Recouped $2.9 Billion Under FCA in 2024

[01/17/25]

CMS’s 60-Day Rule Impacts False Claims Act Liability

[01/10/25]

Indiana Physician Fraud Conviction Highlights Compliance Risks

[11/01/24]

Minnesota District Court Cites Excessive Fines Clause to Limit FCA Penalties

[10/22/24]

Constitutional Implications for FCA Actions: Federal Court Ruling Challenges the Future of Whistleblower Lawsuits in Health Care

[10/01/24]

New DOJ Pilot Program: Enhanced Whistleblower Rewards and Expanded False Claims Act Liability

[08/16/24]

California Central District Court Compels Government Disclosure of Non-Sealed Documents Withheld Pursuant to Law Enforcement Privilege

[08/08/24]

Eighth Circuit Declares $7.5M FCA Award Unconstitutional and Affirms Statistical Sampling in Bench Trials

[08/01/24]

DOJ Announces $2.68 Billion in False Claims Act Recoveries

[02/23/24]

False Claims Act Retaliation Decision Calls into Question the Heightened Burden for Employees Whose Duties Include Compliance and Fraud Investigation

[11/21/23]

Government Delay Reduces False Claims Act Verdict – How Can This Protect Your Practice?

[08/24/23]

FCA Penalties Are to Be Awarded per Each Violation Rather than Each Line Item

[08/22/23]

False Information Is Material Regardless of the Validity of Underlying Eligibility Requirements

[08/22/23]

SCOTUS Upholds Government Dismissal of FCA Actions When It Determines Costs Outweigh Benefits

[06/16/23]

SCOTUS Tosses Objective FCA Scienter Standard 

[06/07/23]

Liability Insurance May Cover False Claims Act Settlements and the Cost of Defense

[05/12/23]

DOJ Recouped $2.2 Billion Under FCA in 2022

[02/27/23]

Incorporation by Reference Does Not Create a Material Condition of Payment

[10/18/22]

Protected Activity Under the FCA Requires Both a Subjectively and an Objectively Reasonable Belief of Fraud

[09/12/22]

False Claims Act – Only the First Can Be First to File

[04/11/22]

What You Should Know About Health Systems and the Attorney-Client Privilege

[03/21/22]

DOJ Recouped $5.6 Billion Under FCA in 2021

[02/04/22]

Seventh Circuit Clarifies the “Knowingly” Standard for False Claims Act Liability

[08/19/21]

Money in the Bank – Monetization of the FCA

[08/13/21]

Ninth Circuit Clarifies That “Possible” Does Not Equal “Plausible” When It Comes to Rule 8(a) Pleading

[04/12/21]

Does the False Claims Act Prohibit Retaliation After Employment Ends?

[04/02/21]

Whistleblowers Could Face Fees for Poorly Pleaded FCA Actions

[02/11/21]

If You Don’t Ask the Court to Compel Arbitration or Stay the Case Pending Arbitration, You May Lose Any Right to an Interlocutory Appeal Under the FAA

[01/27/21]

“No Claims Means No False Claims”—and No FCA Whistleblower Protection

[01/26/21]

DOJ Recouped $2.2B Under FCA in 2020, Plus $3.6B in Still-Pending Settlements

[01/15/21]

Recent Government Actions Against Pharma Manufacturers Highlight Risks with Donations to Patient Assistance Funds

[12/22/20]

First Circuit: ‘But For’ Standard Controls Whistleblower Retaliation Claims

[12/17/20]

Your Standard Liability Policy Doesn’t Cover FCA Claims

[11/20/20]

New FCA Decision Instructs the Government and Whistleblowers to Play Nice, Follow the Rules and Gives Government Discretion for Dismissal

[09/01/20]

Are Religious Health Care Organizations Protected by the “Ministerial Exception” Under the Supreme Court’s Recent Decision in Our Lady Of Guadalupe?

[07/27/20]

Objectively Reasonable Interpretation Saves Pharmacies from FCA Liability

[07/14/20]

False Claims Cost More: DOJ Increases Civil Penalties for False Claims Act Violations

[07/01/20]

Providers Beware: Avoiding the Pitfalls in Regulatory Flexibilities and Relief Funds

[05/21/20]

PPP Loans and FCA Liability

[04/24/20]

Ninth Circuit Shuts Down “Objective Falsehood” Pleading Requirement Under the FCA

[04/02/20]

One Is Not Enough: Court Clarifies Whistleblower’s Burden in High Volume FCA Action

[03/25/20]

Second Circuit Affirms Dismissal of Piggybacked FCA Complaint

[03/24/20]

FCA’s Shadow Looms Over COVID-19 Pandemic Response

[03/20/20]

Third Circuit Emphasizes Distinction Between Falsity and Scienter in FCA Cases

[03/05/20]

Previously Settled FCA Case Resurrected by New “Original Source” Relator

[02/25/20]

Federal Court Reinforces Government’s Right to Dismiss FCA Actions over Whistleblower Objection

[10/03/19]

Defendants Successful in FCA Action Alleging Donuts for Referrals

[08/06/19]

E.D. Wisconsin: Boilerplate Defenses Insufficient; Challenges Wasteful

[07/31/19]

Greed and Creative Pleading: A Formula for Dismissal Under the FCA

[07/11/19]

Supreme Court Extends the FCA Statute of Limitations for Whistleblowers

[05/20/19]

DOJ Self-Disclosure and Cooperation Credit

[05/17/19]

Civil Investigative Demands: Broad, Unfair and Legal

[05/10/19]

Critical Considerations of Implied Certification Under the FCA

[04/04/19]

A Closer Look at the FCA’s Particularity and Retaliation Requirements

[02/08/19]

The DOJ Is Not Backing Down: FCA Cases Recover More Than $2.8 Billion in 2018

[01/09/19]

The Granston Memo’s Effect: The DOJ Is Dismissing Meritless and Frivolous Actions

[12/27/18]

Department of Justice Announces Important Updates to Yates Memo Requirements

[12/07/18]

When a Deadline Isn’t a Deadline: Fifth Circuit Rules FCA Appeal Deadlines Turn on Government’s Intervention

[10/31/18]

Whistleblower’s Dismissal with Prejudice Not the End of the Road for Qui Tam Action

[10/30/18]

Not So Fast! District Court Holds Qui Tam Relators Cannot Reach into the Government’s Pockets in Criminal Forfeiture Proceedings

[10/19/18]

Attorneys as Relators – What About the Fees?

[09/25/18]

Court Vacates 60-Day Rule for Medicare Advantage Plans, Creates Uncertainty for Same Rule Applicable to Medicare-Enrolled Providers

[09/17/18]

What Did Leaders Know and When Did They Know It? New DOJ Guidance Offers Key Insights on Effective Compliance Programs

[03/09/17]

OIG Final Rule Significantly Expands Exclusion Authority

[01/19/17]

U.S. Hospital Chain Settles Kickback Claims for $513 Million

[10/12/16]

Common Themes Emerge as FTC Challenges Three Hospital Mergers in Two-Month Period

[01/20/16]

Medicare Part D Fraud and Specialty Drugs Highlighted in OIG’s 2016 Work Plan

[12/09/15]

OIG Provides More Exclusion Guidance Through Recent Advisory Opinion

[02/19/15]

Antitrust Enforcers Tally Two More Wins in Provider Consolidation Battle

[02/17/15]

DOJ Announces that 2014 Sets Record for FCA Recoveries and Whistleblower Lawsuits

[11/21/14]

OIG Proposes Substantial Changes to Its Civil Monetary Penalty Rules

[05/21/14]

Potential Prescription Drug Audit Areas Highlighted in the OIG’s Fiscal Year 2014 Work Plan

[02/18/14]

Summary of the OIG 2014 Work Plan

[02/04/14]

Sunshine Act Compliance Begins: CMS Provides Related Payment Tracking Apps, Q&As and Other Resources

[08/09/13]

OIG Issues Updated Guidance for Exclusions

[05/10/13]

Health System Pays Close to $4 Million to Resolve Self-Disclosed Stark Violations

[05/06/13]

OIG Issues Updated Self-Disclosure Protocol

[04/22/13]

Final Sunshine Rule Requires Reporting of Physician Ownership in GPOs and Health Products Manufacturers

[03/13/13]

CMS Publishes the Final Physician Payment Sunshine Rule

[02/20/13]

Time Equals Money: Recent Change to Medicare Overpayment Recovery Period

[01/24/13]

OIG Advisory Opinion 12-14: OIG Approves Retail Rewards Program That Includes Purchases at In-Store Pharmacies

[10/19/12]

Potential Prescription Drug Audit Areas Highlighted in the OIG’s Fiscal Year 2013 Work Plan

[10/05/12]

Summary of the OIG 2013 Work Plan

[10/03/12]

OIG Reminds Pharmacies of Proper Schedule II Billing Practices

[09/28/12]

Pharmacies and Drug Distributors Take Note: DEA Revokes Registration of Two CVS Pharmacies

[09/14/12]

OIG Study Perceives Questionable Part D Billing by Retail Pharmacies

[05/14/12]

What’s Going on with the CMS Self-Referral Disclosure Protocol? – Recent Developments

[04/06/12]

Update: False Claims Exposure in Credentialing and Peer Review

[03/22/12]

CMS Issues Proposed Rule to Implement Statutory Obligation to Report and Return Overpayments

[02/17/12]

OIG Alert on Reassignment Raises Concern for Physicians

[02/09/12]