FCA NOW https://validator.w3.org/feed/docs/rss2.html 0 A New Circuit Split: FCA Protects Former Employees from Post-Employment Retaliation in the Sixth Omnicare and CVS’s “Novel” Argument Fails to Defeat FCA Claims False Claims Act Anti-Retaliation Claim Leveled at PPP Recipient Supreme Court Declines to Resolve Circuit Split Regarding Standard for “Falsity” in FCA Claims Tread Carefully: District of Utah Grants Motion For Attorneys’ Fees After Unsupported FCA Claim Justice Department Annual Release Shows Decreased FCA Recoveries But Increased FCA Matters in FY2020, Suggesting Likely Uptick in 2021 Borrowers and Banks Beware: The New Year Brings the Nation’s First False Claims Act Settlement for Paycheck Protection Program Fraud In the First FCA Appellate Case of 2021, the Fourth Circuit Affirms the Dismissal of Relators’ Claims for Lack of Scienter and Failing to Engage in Protected Activity DOJ Demonstrates Continued Focus on Opioid Crisis with $600 Million Criminal and Civil Settlement Against Indivior Solutions, Indivior Inc., and Indivior plc Another Escobar Exemplar: District of New Jersey Finds Materiality Lacking The Granston Memo Strikes Again, but the Standards for Dismissal Remain Unclear Court Enters Judgment Totaling More Than $32 Million on Mississippi Jury’s $10.8 Million Verdict, Demonstrating Risks for Defendants Found Guilty of False Claims Act Violations at Trial $4.47 Million False Claims Act Settlement Targets Set-Aside Contractors, Affiliates, and Even Third-Party Bonding Company False Claims Act Exposure for Beneficiaries of the Public Health and Social Services Emergency Relief Fund: Mitigating Risks of Ambiguous Terms & Conditions Importer and Its Executives Pay $5.2 Million Under FCA for Evading U.S. Tariffs Underwriter Failed to Meet Employer’s Expectations, and thus His FCA Retaliation Burden, at Least in the Eighth Circuit Looking Ahead: Enforcement Actions for Fraud, Waste, and Abuse Related to COVID-19 $145 Million Settlement Shows the Depth of Government’s Effort to Combat Opioid Crisis and its Interest in Fraud Actions Against Electronic Health Records Companies Escobar in Action: Physician-owners’ fraud claims against hospital defeated in Fifth Circuit appeal for lack of materiality Sixth Circuit: Timing of Physician Certification for In-Home Care Remains Material After Escobar Supreme Court Settles Circuit Split and Reads the False Claims Act Statute of Limitations Provision Broadly in Boon to Relators An Ambulance Provider’s Long Road to Settlement Software Provider and DOJ Reach $8.6M Settlement for FCA Case Involving Alleged Cyber Security Shortcomings Triggering the Public Disclosure Bar: It’s in the Details DOJ’s Procurement Collusion Strike Force Priorities Highlighted By Bid-Rigging Qui Tam Settlement Justice Department Touts FY2019 False Claims Act Statistics as Evidence of Administration’s “High Priority” Against Fraud, but the Numbers Show Less of a Priority on Qui Tams Second Circuit Holds that the FCA Applies to Regional Federal Banks Dorsey Alert: HHS Regulatory Sprint May Impact FCA Enforcement Trends Second Circuit Emphasizes Heightened Pleading Standard for Qui Tam FCA Suits The Granston Memo in Tension: Third Circuit Allows DOJ’s Dismissal of FCA Claim without a Hearing; Sen. Grassley Wants DOJ to Pump the Brakes D.C. Circuit Weighs in on the FCA’s Anti-Retaliation Statute Relator Failed to Sufficiently Plead its FCA Action by Relying on Big Data Alone, Resulting In Big Dismissal Granston Memo in Action: Eighth Circuit Affirms Government Dismissal of FCA Claims Related to Minnesota Bridge Collapse False Claims Act: New Developments for an Old Law Alleged Violations of Government Data Security Requirements Yield FCA Settlement $34 Million Reversal: First Circuit Overturns Its Precedent and Redirects Relator’s FCA Award to Another Sutter Health LLC Pays $30 Million to Settle Alleged Overpayment of Medicare Advantage Funds, but Faces Similar Allegations in Separate Qui Tam Fifth Circuit Affirms: Res Judicata Bars FCA Retaliation Suit Supreme Court Considers Whether to Extend FCA Statute of Limitation Contact Another Qui Tam Suit Alleging a Scheme to Defraud by Reporting Inflated Drug Prices Survives Motion to Dismiss Tribal Employees Cannot Shake FCA Claims Pleaded with Particularity When Sued in Their Personal Capacities For FY2018, Justice Department Touts Nearly $3 Billion in False Claims Act Recoveries, Mostly From Qui Tams and Alleged Healthcare Frauds DOJ Levels False Claims Act at Pharmacies to Combat Opioid Crisis Relator Strikes Twice Against Walgreens In One Decision, The Eleventh Circuit Creates Two Circuit Splits Third Circuit: False Claims Act Liability Premised on an Anti-Kickback Statute Violation Requires Proof that at Least One Federal Claim Resulted from an Improper Referral or Recommendation Two Recent Justice Department Memoranda May Have Significant Consequences for Pending and Future False Claims Act Enforcement Applying Escobar’s Materiality Standard, Florida Federal Court Reverses $350 Million False Claims Act Verdict against a Nursing Home Operator HIPAA As a Basis for FCA Liability? One Court Says Yes