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DOJ Issues Guidance on Cooperation in FCA Cases

The U.S. Department of Justice seeks to use the potential for a reduced penalty amount and damages to encourage self-disclosure of misconduct and cooperation during FCA investigations. On May 7, 2019, the U.S. Department...more

Department of Justice Moves to Dismiss FCA Cases Involving Patient Support Services

Exercising the government's discretion to dismiss meritless FCA cases, DOJ argues patient support services are "appropriate and beneficial to federal healthcare programs and their beneficiaries." This week, the Department...more

Public Branding, the OIG's New Method of Punishing Health Care Entities?

The Situation: The total number of Corporate Integrity Agreements ("CIAs") between the Office of Inspector General ("OIG") and health care entities has been decreasing, and the OIG recently decided it would spotlight entities...more

Pharmaceutical Company Agrees to $625 Million False Claims Act Settlement

The civil settlement is one of the largest FCA settlements in recent years. The Department of Justice ("DOJ") recently announced that it agreed with AmerisourceBergen Corporation ("ABC") and several of its subsidiaries to...more

DOJ Pursues PE Firm Based on Portfolio Company's Alleged Payment of Kickbacks

The Situation: In what may indicate a sea change in terms of who the Department of Justice ("DOJ") is willing to pursue in False Claims Act cases, a private equity firm has been named as a co-defendant in a False Claims Act...more

2017 Statistics Again Show Massive Recoveries in False Claims Act Cases

Newly released statistics illustrate that 2017 brought continued False Claims Act enforcement. The Department of Justice announced that it recovered more than $3.7 billion from all False Claims Act cases in fiscal year...more

DOJ Should Dismiss Meritless False Claims Act Qui Tam Relator Claims

The Situation: Despite recently acknowledging the significant burden imposed by frivolous False Claims Act claims and affirming its statutory grant of power to dismiss meritless claims brought by relators, DOJ has maintained...more

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