DOJ Continues To Prosecute PPP Fraud -
Earlier this week, Ana Soto of Newark, Delaware pled guilty to fraudulently obtaining and spending money received through Paycheck Protection Program (“PPP”) loans. Between March...more
3/7/2022
/ Anti-Kickback Statute ,
Anti-Money Laundering ,
Bank Secrecy Act ,
CARES Act ,
Department of Justice (DOJ) ,
Drug Pricing ,
Fraud ,
Office of Foreign Assets Control (OFAC) ,
Paycheck Protection Program (PPP) ,
Prescription Drugs ,
Settlement
In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more
Sixth Circuit Rules That Statute of Limitations for FCA Retaliation Claims Is Triggered by Decision To Terminate, Not Notice of Termination -
On Wednesday, January 12, 2022, the Sixth Circuit held in El-Khalil v. Oakwood...more
Lab Owner Indicted For $100 Million Health Care Fraud Scheme -
On November 2, 2021, a federal grand jury in the Western District of Arkansas indicted Billy Joe Taylor of Arkansas for an alleged health care fraud scheme. ...more
11/5/2021
/ Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Diagnostic Tests ,
Enforcement Actions ,
False Billing ,
FBI ,
Fraud and Abuse ,
Healthcare Fraud ,
Indictments ,
Medicaid ,
Regulatory Violations
DOJ Announces Charges Against 138 Defendants for Alleged Health Care Fraud Schemes Resulting in $1.4 Billion in Losses, with Focus on Telemedicine -
On September 17, 2021, the Department of Justice (DOJ) announced criminal...more
The New York Attorney General’s office announced that drugmaker Endo Health Solutions has agreed to pay $50 million dollars to resolve a lawsuit brought by the state of New York as well as two New York counties alleging that...more
A group of New Jersey home health care companies (collectively, the BAYADA Companies), have agreed to pay $17 million to resolve claims that they violated the False Claims Act and Anti-Kickback Statute.
Home Health Agency...more
On July 26, 2021, a bipartisan group of senators, led by Sen. Charles E. Grassley (R-Iowa), introduced the False Claims Amendments Act of 2021, a bill that would amend the False Claims Act (FCA) in several ways.
Four key...more
On Monday, Senator Chuck Grassley, R-Iowa, introduced the False Claims Amendments Act of 2021, section 2 of which would provide that defendants “may rebut an argument of materiality” as to an allegedly false claim submitted...more
8/2/2021
/ Charles Grassley ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Investigations ,
Materiality ,
Proposed Legislation ,
Qui Tam ,
Settlement ,
Universal Health Services Inc v United States ex rel Escobar ,
Whistleblowers
The owner of Campbell Medical Clinic in Houston and her medical group agreed to resolve fraudulent billing allegations for $2.6 million.
Chiropractor Agrees to Pay $2.6 Million and to 10-Year Exclusion from Federal Health...more
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
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
DOJ Updates Actions to Combat Fraud Related to COVID-19 -
On March 26, 2021, the Department of Justice provided an update on its criminal and civil enforcement efforts to combat fraud related to the COVID-19 pandemic....more
Sixth Circuit Splits with Tenth, Holds False Claims Act Anti-Retaliation Provision Extends to Post-Employment Retaliation -
On March 31, 2021, the US Court of Appeals for the Sixth Circuit addressed an issue of first...more
Senior DOJ Official Michael Granston Discusses COVID Relief Enforcement, Granston Memo, and other FCA Issues -
Michael Granston, the Deputy Assistant Attorney General of the DOJ Civil Division, sat down this week with Jody...more
3/29/2021
/ Conflicts of Interest ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraudulent Procurement ,
Kickbacks ,
Manufacturers ,
Medical Devices ,
OIG ,
Private Equity Funds ,
Relief Measures ,
The Granston Memo ,
Turkey ,
USAID
Judge Rules Against Seizure of $330 Million Allegedly Connected to 1MDB Fraud Scheme -
On March 9, California District Court Judge Dale S. Fischer ruled that the government could not seize about $330 million in assets...more
3/22/2021
/ FinTech ,
Fraud ,
Healthcare Fraud ,
Identity Theft ,
Kickbacks ,
Mail Fraud ,
Malaysia ,
Medicaid ,
Medicare ,
Money Laundering ,
Saudi Arabia ,
Securities and Exchange Commission (SEC) ,
Wire Fraud
Pharmacy Owner and Accountant Indicted in $134m Health Care Fraud Scheme -
Mohamed Mokbel and Fathy Elsafty, of Houston, Texas, were arrested on charges of money laundering, health care fraud, and conspiracy to commit...more
As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more
3/8/2021
/ Anti-Raiding ,
Confidentiality Agreements ,
Coronavirus/COVID-19 ,
Defend Trade Secrets Act (DTSA) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Intellectual Property Litigation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
The Copyright Act ,
Trade Secrets
Individual Prosecutions Down But Corporate Resolutions Steady for DOJ’s Fraud Section in 2020, with More in the Pipeline -
The Department of Justice’s (“DOJ”) Fraud Section recently released a year-in-review report that...more
3/8/2021
/ Bribery ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Deferred Prosecution Agreements ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
False Claims Act (FCA) ,
Final Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Healthcare Fraud ,
Opioid ,
Paycheck Protection Program (PPP)
Supreme Court Declines to Review Issue of “Objective Falsity” Under False Claims Act -
On February 22, 2021, the United States Supreme Court denied petitions for certiorari in a case that could have addressed the issue of...more
3/1/2021
/ Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Hospice ,
Investment Fraud ,
Objective Falsity ,
Qui Tam ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
French Concrete Contractor to Pay $3.9 Million FCA Penalty -
On February 17, 2021, the Department of Justice (DOJ) announced that a French company, COLAS Djibouti SARL, agreed to pay $3.9 million to resolve allegations...more
2/22/2021
/ Bribery ,
CMBS ,
Contractors ,
Criminal Penalties ,
Deferred Prosecution Agreements ,
Department of Labor (DOL) ,
Destruction of Evidence ,
Disclosure Requirements ,
False Claims Act (FCA) ,
France ,
Internal Controls ,
Securities and Exchange Commission (SEC) ,
Subcontractors ,
Wire Fraud