[10/19/18]
Posted on October 19, 2018 in False Claims Act Defense
Published by: Hall Render
The Eleventh Circuit recently held that a qui tam relator cannot intervene in criminal forfeiture proceedings when the Government chooses to criminally prosecute fraud rather than intervene in a qui tam action. In United States v. Couch,[1] a former employee (“Relator”) of a pain management clinic in Alabama tried to recover amounts she believed... READ MORE
Tags: Criminal Forfeiture, Eleventh Circuit, False Claims Act, FCA, qui tam, relator, United States v. Couch
[02/27/13]
Posted on February 27, 2013 in False Claims Act Defense
Written by: David B. Honig
Appellate Court Cases Three appellate-level FCA cases were reported in January and February 2013. Only one, U.S. ex rel. Nathan v. Takeda Pharmaceuticals North America, Inc., was selected for publication. All three cases addressed Rule 9(b)’s requirement that allegations of fraud be lead “with particularity.” The cases, read together, highlight the differences among Circuits... READ MORE
Tags: Abbott, Bender, Conn, Conrad, Deck, False Claims Act, FCA, Griffith, Jajdelski, Kaplan, Miami Jacobs, Nathan, North American Communications, qui tam, relator, Takeda, whistleblower
[03/13/12]
Posted on March 13, 2012 in False Claims Act Defense
Written by: David B. Honig
February was an interesting month, with one case showing how OIG advisory opinions can be taken too far, another considering fraud under a corporate integrity agreement, and a court applying burden-shifting for the first time at the appellate level in FCA retaliation cases. Cases reviewed from February are: US ex rel. Boggs v. Bright Smile... READ MORE
Tags: advisory opinion, Aggregate Industries, Bell Constructors, Boggs, Bright Smile, caselaw, False Claims Act, fraud with particularity, Harrington, Klein, Klusmeier, law, legal, Matheny, Medco, oig, qui tam, relator, Retaliation, update, whistleblower
[01/03/12]
Posted on January 3, 2012 in False Claims Act Defense
Written by: David B. Honig
What must a successful FCA defendant show to collect attorney’s fees under the Equal Access to Justic Act? Can an error by the government create an FCA violation by a defendant relying upon the government’s acts? Does Vermont Agency of Natural Resources v. US ex rel. Stevens apply to FCA retaliation cases? Can a... READ MORE
Tags: Comstock, EAJA, Equal Access, False Claims Act, FCA, Fox, Huang, immunity, lease, Legal Updates, Pecore, person, pro se, qui tam, real party in interest, relator, Retaliation, Select Medical, Stevens, Thouvenot, Villaspring, whistleblower, worthless, Wright
[12/05/11]
Posted on December 5, 2011 in False Claims Act Defense
Written by: David B. Honig
Can an incompetent, and ultimately dismissed, False Claims Act Complaint bar a future complaint under the FCA’s “first to file rule?” The Court of Appeals in Washington D.C. answered the question for the first time on November 4, 2011. Can a settlement agreement between an employer and an employee force dismissal of the employee’s... READ MORE
Tags: 2011, AARS, Batiste, Cancio, cdc, Chicago, Compass Medical, D.C., dialysis, District of Columbia, False Claims Act, FCA, Foglia, fraud in the inducement, Glynn, Massachusetts, New Jersey, November, Ohio, qui tam, relator, Renal Ventures, Ruble, Scott, seal, settlement agreement, Skidmore, SLM Corporation, Tampa, whistleblower, Wildhirt
[11/01/11]
Posted on November 1, 2011 in False Claims Act Defense
Written by: David B. Honig
A case based upon FOIA documents may be subject to the public disclosure bar. A difference of scientific judgment does not create the basis for an FCA suit. Whistleblowers who wish to dismiss their suits after the Government refuses intervention may not hide their identity from the defendants, even if the defendant is their... READ MORE
Tags: Danner, Durham, False Claims Act, FCA, Hill, Matsutani, Prospect Waterproofing, Quality Health Care, quit tam, relator, Retaliation, seal, University of Medicine & Dentistry of New Jersey, whistleblower
