The Ninth Circuit’s recent decision in Island Industries Inc. v. Sigma Corporation, coupled with recent government pronouncements concerning trade enforcement, are likely to drive an increase in customs fraud FCA...more
On June 16, 2025, the U.S. Department of Justice (DOJ) publicly announced that it had declined to prosecute White Deer Management LLC (White Deer) and certain affiliates for violations of sanctions law and related conduct....more
Over the last six months, the U.S. Department of Justice (DOJ) has remained vigilant in pursuing cybersecurity-related fraud under its Civil Cyber-Fraud Initiative first announced in October 2021. As we have previously...more
In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to...more
2/14/2024
/ Anti-Kickback Statute ,
Cybersecurity ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Health Care Providers ,
Medicaid ,
Popular ,
Private Equity Firms ,
Qui Tam
Through Aerospace & Defense Insights, we share with you the top legal and political issues affecting the aerospace and defense (A&D) industry. Our A&D industry team monitors the latest developments to help our clients stay in...more
In the latest edition of our False Claims Act Guide: 2021 and the road ahead, we analyze the key developments from 2021 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to...more
President Trump signed an Executive Order on Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19 (EO) on March 23, 2020. The EO delegates presidential authority under the Defense...more
3/30/2020
/ Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Justice (DOJ) ,
Executive Orders ,
Goods or Services ,
Life Sciences ,
Medical Supplies ,
Personal Protective Equipment ,
Secretary of HHS ,
Supply Chain ,
Trump Administration
On November 5, 2019, the United States District Court for the Eastern District of Pennsylvania ruled on a motion to dismiss a False Claims Act (FCA) qui tam suit filed by the United States Department of Justice, long after it...more
12/11/2019
/ Centers for Medicare & Medicaid Services (CMS) ,
Department of Justice (DOJ) ,
False Billing ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
Healthcare Reform ,
Hospitals ,
Inpatient Billing ,
Medicare ,
Motion to Dismiss ,
Outpatient Services ,
Qui Tam ,
Regulatory Burden ,
Regulatory Requirements ,
Summary Judgment ,
Two-Midnight Rule
On October 28, 2019 the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Justice (DOJ) released a Memorandum of Understanding (MOU) announcing their joint approach to False Claims Act (FCA)...more
11/6/2019
/ Administrative Proceedings ,
Administrative Review Board ,
Consumer Financial Products ,
Department of Justice (DOJ) ,
Depository Institutions ,
Enforcement Actions ,
Enforcement Authority ,
Failure to Comply ,
False Claims Act (FCA) ,
Federal Housing Administration (FHA) ,
Financial Services Industry ,
HUD ,
Memorandum of Understanding ,
Mortgage Insurance ,
Mortgage Lenders ,
Mortgages ,
Penalties ,
Qui Tam ,
Regulatory Standards ,
Regulatory Violations ,
Remedies ,
Taxonomy
More than two years after the Northern District of Alabama granted summary judgment in a False Claims Act (FCA) case in favor of AseraCare Inc., holding that “contradiction based on clinical judgment or opinion alone cannot...more
9/11/2019
/ Bifurcation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Billing ,
False Claims Act (FCA) ,
False-Certification of Conformance ,
Health Care Providers ,
Healthcare Fraud ,
Hospice ,
Insurance Fraud ,
Life Sciences ,
Medicare ,
Physicians ,
Qui Tam ,
Remand ,
Terminal Illness Treatments ,
Vacated ,
Whistleblowers
Continuing its recent trend of revising and issuing new white collar enforcement guidance, the U.S. Department of Justice (DOJ) on Tuesday announced a new policy governing when cooperation credit should be given to the...more
The pace of False Claims Act (FCA) litigation remained furious over the past year. Companies (and individuals) in all sectors of the economy continue to face the ever-present threat of FCA enforcement whenever they do...more
1/22/2019
/ Department of Justice (DOJ) ,
Digital Realty Trust Inc v Somers ,
Enforcement Actions ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Fraud ,
Health Information Technologies ,
Implied Certification ,
Materiality ,
Qui Tam ,
SCOTUS ,
Settlement Agreements ,
Universal Health Services Inc v United States ex rel Escobar ,
US Trade Policies ,
Whistleblowers
In a decision that highlights the overlap of international trade obligations and False Claims Act (FCA) jurisprudence, a federal judge recently dismissed an FCA suit because the whistleblower’s claims, against an importer of...more
6/7/2018
/ Administrative Proceedings ,
Anti-Dumping Duty ,
Bureau of Industry and Security (BIS) ,
China ,
Civil Monetary Penalty ,
Countervailing Duties ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Immigration and Customs Enforcement (ICE) ,
Importers ,
Imports ,
Steel Industry ,
Tariff Act of 1930 ,
Whistleblowers