Recent Interview With FCA Plaintiff Bar Attorneys Offers Key Insight into Trends in Anti-Kickback Litigation -
During a recent interview commemorating the 50th anniversary of the enactment of the Anti-Kickback Statute, two...more
Anticipated Landmark Supreme Court Decision May Be Anything But On -
April 18, 2023, the US Supreme Court heard oral arguments in a set of highly anticipated cases regarding the scienter—or knowledge—provision of the False...more
4/24/2023
/ Appeals ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud ,
Healthcare Fraud ,
Kickbacks ,
Oral Argument ,
Penalties ,
Pharmacy Benefit Manager (PBM) ,
Restitution ,
SCOTUS
Supreme Court to Hear US Government in FCA Scienter Oral Argument -
On March 20, 2023, the US Supreme Court agreed to allow the federal government to participate in oral argument in the Supreme Court’s review of the...more
3/27/2023
/ Bribery ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Generic Drugs ,
Insurance Fraud ,
Medicaid ,
Medicare ,
Oral Argument ,
Scienter ,
SCOTUS ,
Securities and Exchange Commission (SEC)
DOJ Files FCA Complaint Against Major Pharmacy Retailer Based on Alleged Violations of Controlled Substances Act -
On March 13, 2023, the Department of Justice (DOJ) announced that it filed a complaint in intervention...more
3/20/2023
/ Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud ,
Healthcare Workers ,
Home Health Care ,
Investment ,
Nurses ,
Pharmaceutical Industry ,
Pharmacies ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Sherman Act ,
Staffing Agencies ,
Wage-Fixing
DC Circuit Adopts Pro Tanto Approach to False Claims Act Settlement Offsets -
In an opinion issued on August 30, 2022, the US Court of Appeals for the DC Circuit held in United States v. Honeywell International, Inc., ---...more
Ramesh “Sunny” Balwani, Former Theranos President and COO, Found Guilty on All Twelve Fraud Counts in High-Profile Trial -
On July 7, 2022, a federal jury in the Northern District of California found Ramesh “Sunny”...more
7/11/2022
/ Administrative Law Judge (ALJ) ,
Appeals ,
Corruption ,
Criminal Conspiracy ,
Criminal Convictions ,
Cyber Crimes ,
Cybersecurity ,
Department of Justice (DOJ) ,
En Banc Review ,
Enforcement ,
False Claims Act (FCA) ,
Fraud ,
Kickbacks ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Theranos ,
Unconstitutional Condition ,
Wire Fraud
SCOTUS Raises the Bar for Proof of Intent Under the Controlled Substances Act -
This week, the US Supreme Court issued a ruling in Ruan v. United States requiring subjective intent of wrongdoing in order to convict...more
7/1/2022
/ Controlled Substances Act ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Fraud ,
Kickbacks ,
NBA ,
Proof of Intent ,
Reimbursements ,
SCOTUS ,
Settlement ,
Stark Law
DOJ and SEC Bring Charges Against Executive in Alleged $62 Million Global Crypto Investment Fraud Scheme -
On May 6, 2022, the Department of Justice (DOJ) announced that a federal district court in the Southern District of...more
Hearing Aid Company Agrees To Pay $34.37 Million To Settle Claims That It Submitted False Claims to the Federal Employees Health Benefits Program -
On Friday, April 29th, DOJ announced a $34.37 million settlement with...more
DOJ and Treasury Announce Multilateral Russian Oligarch Task Force Called “REPO” -
On March 16, 2022, Attorney General Merrick Garland and Secretary of the Treasury Janet Yellen met with representatives from Australia,...more
Headlines that Matter for Companies and Executives in Regulated Industries.
DOJ Civil Cyber-fraud Initiative Obtains First Settlement -
The Department of Justice announced on Tuesday, March 8th, that Comprehensive...more
3/11/2022
/ Department of Energy (DOE) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Health Care Providers ,
Healthcare Fraud ,
Kickbacks ,
Pharmaceutical Industry ,
Settlement ,
Subcontractors
On February 1, 2022, a federal court in California issued the first major ruling in a False Claims Act case testing the Department of Justice’s newly minted Civil Cyber-Fraud Initiative, notching a win for the government. In...more
Lab Owner Pleads Guilty to $6.9 Million Medicare Fraud Scheme Involving Kickbacks and Bribery -
On January 13, 2022, the Department of Justice (DOJ) announced that a Florida man pled guilty in the Southern District of...more
1/24/2022
/ Bribery ,
Coronavirus/COVID-19 ,
DEA ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
FBI ,
Fraud ,
Healthcare Fraud ,
Kickbacks ,
Medicare ,
Virus Testing
DOJ Files Complaint in AWP False Claims Act Suit Against Pharmaceutical Ingredient Seller -
On November 8, 2021, the Department of Justice (DOJ) announced that it intervened in a qui tam suit and filed a False Claims Act...more
11/15/2021
/ Anti-Kickback Statute ,
Bribery ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
FBI ,
Fraud ,
Medical Devices ,
Medicare ,
Pharmaceutical Industry ,
Qui Tam ,
TRICARE ,
Whistleblowers
Deputy Attorney General Lisa O. Monaco’s Keynote Address at ABA's National Institute on White Collar Crime -
Despite having been delivered virtually, Deputy Attorney General Monaco’s message to white collar counsel came...more
In November 2018, then-Attorney General Jeff Sessions launched the Department of Justice’s (DOJ) China Initiative, to prevent, combat, and prosecute theft of intellectual property, technology, trade secrets, and other...more
9/16/2021
/ China ,
Confidential Information ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Dismissals ,
False Statements ,
Foreign Agents Registration Act (FARA) ,
Foreign Corrupt Practices Act (FCPA) ,
Intellectual Property Protection ,
Popular ,
Proprietary Information ,
Trade Secrets ,
Wire Fraud
On August 2, 2021, the Department of Justice (DOJ) announced that Arriva Medical LLC (Arriva), once the nation’s largest Medicare mail-order diabetic testing supplier, and its parent company, Alere Inc., have agreed to...more
8/9/2021
/ Bribery ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Healthcare ,
Healthcare Fraud ,
Kickbacks ,
Medicare ,
Money Laundering ,
Patients ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement
On June 15, 2021, the Department of Justice (DOJ) filed a False Claims Act (FCA) suit against Paksn Inc., Prema Thekkek and one of its owners, and seven skilled nursing facilities (SNFs) owned by Thekkek and/or operated by...more
6/18/2021
/ Anti-Kickback Statute ,
Department of Justice (DOJ) ,
Embezzlement ,
False Claims Act (FCA) ,
Foreign Agents Registration Act (FARA) ,
Fraud ,
Insider Trading ,
Kickbacks ,
Medical Directors ,
Skilled Nursing Facility ,
Wire Fraud
COVID-19 Task Force Established to Enhance Enforcement Efforts against Fraud -
On May 17, 2021, the Department of Justice and U.S. Attorney General announced the establishment of the COVID-19 Fraud Enforcement Task Force,...more
5/24/2021
/ Attorney General ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Falsified Documents ,
Fraud ,
Health Insurance ,
Healthcare Fraud ,
Medicaid ,
OIG ,
Paycheck Protection Program (PPP) ,
SBA ,
Vaccinations ,
Wire Fraud
Where’s the Beef? Two Charged with $650 Million Cattle Ponzi Scheme -
On May 12, the Department of Justice (DOJ) announced that a federal district court in Colorado unsealed an indictment alleging that two individuals ran...more
5/17/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Consumer Financial Products ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Financial Markets ,
Healthcare Fraud ,
Investment Fraud ,
Investment Funds ,
Mergers ,
Misrepresentation ,
Pharmaceutical Industry ,
Ponzi Scheme ,
Public Comment ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
Stock Prices
Pharmaceutical Company Agrees to Pay $12.6 Million to Settle FCA Allegations Involving Kickbacks -
On Tuesday, the Department of Justice announced a $12.6 million settlement with Incyte Corporation, a Delaware...more
5/10/2021
/ Anti-Kickback Statute ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Frivolous Lawsuits ,
Healthcare Fraud ,
Kickbacks ,
Medicaid ,
Medicare ,
Money Laundering ,
Settlement ,
Telemarketing ,
TRICARE
Government Contractor Pleads Guilty to Defrauding the Afghan Government of $100 Million -
The owner of Assist Consultants Incorporated (ACI), an Afghan company that has received over $250 million in US-funded contracts...more
5/3/2021
/ Afghanistan ,
Barbados ,
Bribery ,
Department of Justice (DOJ) ,
Federal Contractors ,
Intent to Defraud ,
Investment Adviser ,
IRS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Tax Evasion ,
USAID
Court Rules Prescription Drug Event and Enrollee Encounter Data Are 'Claims for Payment' Under the False Claims Act -
US District Judge Noel L. Hillman approved a whistleblower’s request to file a Fourth Amended Complaint...more
4/26/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Department of Justice (DOJ) ,
Fair Market Value ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Kickbacks ,
Mail Fraud ,
Medicaid ,
Medicare Part A ,
Medicare Part D ,
Oil & Gas ,
Securities Fraud ,
Whistleblowers ,
Wire Fraud
The Department of Justice is on high alert for situations when hype turns to fraud at tech startups.
Journalist John Carreyrou, whose reporting helped expose what the SEC called an “elaborate, years-long fraud” by Theranos...more
Urgent Care Provider and Management Company to pay $22.5 Million to End FCA Claims -
South Carolina urgent care providers agreed to pay $22.5 million to resolve False Claims Act claims filed by two former employees. The...more
4/19/2021
/ Corporate Integrity Agreement ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Medicaid ,
Medicare ,
Money Laundering ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement ,
TRICARE ,
Whistleblowers ,
Wire Fraud