Articles and Blogs

In the opening days of his second term, President Donald Trump signed a number of executive orders covering a wide swath of public and private activity. One such executive order (the “Order”), entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” addresses diversity, equity and inclusion (“DEI”) programs in the federal government, as well as... READ MORE

The United States Department of Justice (“DOJ”) recently settled part of a qui tam lawsuit under the False Claims Act for alleged violations of the Medicare “14-Day Rule” for $388,667. From March 2012 to November 2023, a laboratory and health system allegedly delayed submitting physician orders for certain laboratory testing until 14 days after patients’ hospital... READ MORE

On January 15, 2025, the Department of Justice (“DOJ”) announced that it recovered over $2.9 billion in False Claims Act (“FCA”) related settlements and judgments in the fiscal year ending September 30, 2024 (“FY2024”). The 2024 recovery amount exceeds the previous year’s recovery of $2.68 billion, with the number of settlements and judgments coming in at 558. Whistleblowers... READ MORE

The government lawsuit against defendants Precision Lens and its founder Paul Ehlen, United States ex rel. Fesenmaier v. Cameron-Ehlen Group, Inc. (“Fesenmaier”), has garnered substantial media attention. This is due in part to juicy facts (kickbacks to physicians in such forms as fancy meals and exclusive vacations for which physicians were invoiced at below... READ MORE

The Federal District Court for the Middle District of Florida (“the Court”) in United States ex rel. Zafirov v. Florida Medical Associates, LLC et al., recently held that a relator’s role as set forth in the False Claims Act’s (“FCA”) qui tam provision is unconstitutional under Article II’s Appointments Clause and dismissed the case.... READ MORE

A Special Master for the Central District Court of California granted a motion to compel the disclosure of investigative documents that are no longer under seal in the course of an ongoing False Claims Act claim. UnitedHealth Group, Inc., et al. (“United”) filed a motion to compel the United States (“government”) to produce documents... READ MORE

On July 5, 2024, the Eighth Circuit Court of Appeals (“the Court”) ruled that a $7.5 million award of treble damages and civil penalties in an Iowa FCA case was unconstitutional due to the Eighth Amendment’s prohibition against “excessive fines.” The Court also examined other matters, including the acceptability of statistical sampling and the... READ MORE

On February 22, 2024, the Department of Justice (“DOJ”) announced that it recovered over $2.68 billion in False Claims Act (“FCA”) settlements and judgments during the 2023 federal fiscal year. Notably, this amount stems from the highest number of settlements and judgments in a single year, including 543 settlements and judgments during this last... READ MORE

The United States District Court for the Eastern District of Wisconsin recently issued a decision involving protections for employees whose jobs involve the investigation of fraud. The case, brought under the anti-retaliation provision of the False Claims Act (“FCA”), is available here. Since 2009, the FCA’s anti-retaliation provision,(codified at 31 U.S.C. § 3730(h)(1)), has provided... READ MORE

The Ninth Circuit recently held in Hendrix ex rel. United States v. J-M Manufacturing Company, Inc. that in False Claims Act (“FCA”) cases, one penalty per project or FCA violation is proper, rather than one penalty per line item contained within the project or violation. Background In this case, the plaintiff brought suit against the... READ MORE