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The False Claims Act May Be the Next Weapon in the Trump Administration’s War on DEI

One day after President Donald Trump's inauguration, on January 21, Trump issued Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (EO 14173). In the text of EO 14173, Trump...more

All Is Not Lost: The Hidden Defense Benefits of the Supreme Court’s Recent Unanimous Ruling on False Claims Act Scienter

On June 1, the U.S. Supreme Court published a unanimous decision in a False Claims Act (FCA) case, United States ex rel. Schutte v. SuperValu, Inc., No. 21-1326. The opinion, authored by Justice Clarence Thomas, was notable...more

Could PPP Lenders Be Liable for Borrower Misrepresentations?

On December 8, the U.S. Small Business Administration (SBA) issued a statement regarding its intent to investigate certain participants in the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief, and...more

How the U.S. Senate's Proposed Amendments to the Federal False Claims Act Could Influence State False Claims Acts Nationally

On October 28, 2021, a majority of members on the Senate Judiciary Committee voted 15-7 to advance to the full U.S. Senate a bipartisan bill that would make a number of amendments to the federal False Claims Act (FCA). These...more

DC Taxpayers Face More Scrutiny Under New False Claims Act

On Jan. 13, 2021, District of Columbia Mayor Muriel Bowser signed the False Claims Amendment Act, which expanded liability under the Washington, D.C., False Claims Act, or FCA, to encompass tax-related claims. Originally...more

New York Receives $105 Million in Tax Revenue and Damages Under False Claims Statute, While Other States Take Steps to Remove...

In early March, New York State Attorney General Letitia James and New York City Corporation Counsel John E. Johnson announced a $105 million settlement against a hedge fund manager for tax evasion. The New York authorities...more

Amending DC’s False Claims Act: Expansion of the DC AG’s Power Through Removal of the Tax Bar

On January 13, District of Columbia Mayor Muriel Bowser signed the False Claims Amendment Act of 2020 (the Amendment), which expanded liability under the D.C. False Claims Act (D.C. FCA) to encompass tax-related claims. The...more

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