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Qui Tam and False Claims Act
False Claims Act Enforcement: Supreme Court and Legislative Updates, by
Beth McClain and Kerry Hotopp.
The Supreme Court heard oral argument today in a case that has the potential to dramatically expand the reach of the False Claims Act (FCA) in all sectors of the economy, including healthcare. This article gives a brief overview of Allison Engine Co. v. United States ex rel. Sanders.
Allison Engine Co. v. United States ex rel. Sanders, 128 S. Ct. 491 (2007) (cert. granted), is a declined qui tam case involving allegedly defective equipment provided by three subcontractors during the construction of guided missile destroyers for the United States Navy.
Non-Specific.
4 pages. Written:
2008. Added:
7-04-2008.
www.ffhsj.com
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Qui Tam and False Claims Act
Practical Ways To Avoid Whistleblower Lawsuits, by
David W. Simon and Aaron M. Schwarcz.
This article gives a few relatively easy steps an employer can take to manage the risk of whistleblower suits include the following:
Develop and implement a robust compliance program that creates an environment where employees will come forward with any concerns about fraud or potential false claims before they become disgruntled former
employees.
Non-Specific.
5 pages. Written:
2008. Added:
7-03-2008.
Portfolio Media, Inc.
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Qui Tam and False Claims Act
Practical Ways To Avoid Whistleblower Lawsuits, by
David W. Simon and Aaron M. Schwarcz.
The False Claims Act was a little used anti-fraud enforcement vehicle for over a century before Congress re-invigorated the Act with sweeping amendments in 1986. A few relatively easy steps an employer can take to manage the risk of whistleblower suits are explained in this article.
Non-Specific.
5 pages. Written:
2008. Added:
3-13-2008.
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Qui Tam and False Claims Act
The False Claims Act & Health Care Fraud, by
Latour “LT” Lafferty, Esquire, Sean R. McKenna, AUSA.
• Overview of the False Claims Act (FCA)
• Application of FCA to healthcare industry
• Case study & benefits of compliance
• Awareness & understanding of:
– DOJ’s broad regulatory enforcement authority
– FCA’s context w/in government’s current
enforcement paradigm
Non-Specific.
30 pages. Written:
2007. Added:
4-26-2007.
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Qui Tam and False Claims Act
CME and the Washington Health Care Debates: Demystifying the Policies, Politics, and Press Coverage, by
John F. Kamp, PhD, JD, Judith G. Ribble, PhD.
It’’s about:
FDA Marketing Rules, esp. “off label” promos
HHS IG Investigations of “Illegal”
inducements for government payments
False Claims Act
Anti-kickback Acts
Congressional Inquiries on industry ethics
Non-Specific.
34 pages. Written:
2007. Added:
4-26-2007.
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Qui Tam and False Claims Act
Mutiny of the Bounty: A Moderate Change in the Incentive Structure of Qui Tam Actions Brought Under the False Claims Act, by
Jonathan T. Brollier.
This Note proposes two amendments to the False Claims Act, a federal statute that encourages whistleblowers to prosecute, on behalf of the government & themselves, actions against firms that overcharge on government contracts. The False Claims Act gives the government & citizens right to sue people or corporations who knowingly submit a false claim
Non-Specific.
27 pages. Written:
2006. Added:
3-18-2007.
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Qui Tam and False Claims Act
Legal Issues Pertinent to the Resolution of a Qui Tam Action, by
Paul D. Scott.
The Department of Justice, the affected federal agency, the defendant, and the relator, as well as additional parties also (e.g., state governments, other relators, other defendants, etc.) play a role in the settlement process. Other issues include the relator’s claims, attorney’s fees and costs, and, retaliation claims.
Federal.
24 pages. Written:
2005. Added:
3-08-2007.
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Qui Tam and False Claims Act
False Claims Act Remedies, by
Paul D. Scott.
Courts to fashion numerous and distinct formulas for calculating damages under the FCA. Factors include the remedial purposes of the Act, determining actual damages, calculating the ultimate damage award, penalties, and constitutional limitations.
Federal.
23 pages. Written:
2006. Added:
3-08-2007.
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Qui Tam and False Claims Act
New False Claims Law Incentives Pose Risks To Contractors And States, by
John T. Boese and Beth C. McClain, Fried, Frank, Harris, Shriver & Jacobson LLP.
Three little-known provisions in the Deficit Reduction Act of 2005, are set to enrich whistleblowers and their lawyers. These provisions use economic incentives to encourage states to enact false claims laws with strong pro-plaintiff provisions.
Federal.
22 pages. Written:
2006. Added:
3-08-2007.
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Qui Tam and False Claims Act
HHS OIG Issues Criteria for Evaluating State False Claims Acts to Fight Medicaid Fraud, by
Dara A. Corrigan and Nathan Cortez.
Discussion of recently issued guidelines by the Department of Health and Human Services affect state false claims acts.
Federal.
6 pages. Written:
2006. Added:
3-01-2007.
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