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Documents and Resources from the June 18, 2015 Medicare Fraud Strike Force Press Conference


By on Mar 1, 2017
Posted In Other Notable Enforcement Actions

View the documents and resources from the US Department of Justice.

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First Circuit Affirms Dismissal of Former Sales Representative’s False Claims Act Claims Against Medical Device Manufacturer


By on Dec 22, 2016
Posted In Medical Necessity, Rule 9(b) Particularity

On December 16, 2016, the US Court of Appeals for the First Circuit issued an opinion in United States ex rel. Hagerty v. Cyberonics, Inc. (Case No. 16-1304) affirming the US District Court for the District of Massachusetts’ dismissal of a relator’s False Claims Act (FCA) claims for failure to plead the alleged fraudulent scheme...

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Eleventh Circuit Says Whistleblower’s Suit Should Never Have Been Heard


By on Nov 16, 2016
Posted In Knowledge/Scienter, Public Disclosure Bar

On November 8, 2016, the US Court of Appeals for the Eleventh Circuit issued a decision in U.S. ex rel. Saldivar v. Fresenius Medical Care Holdings, Inc., remanding the case for entry of an order dismissing the case for lack of subject matter jurisdiction based on the False Claims Act’s (FCA) pre-2010 public disclosure bar....

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DOJ Appealing AseraCare Loss


By on Jun 10, 2016
Posted In Knowledge/Scienter, Medical Necessity, Sampling/Extrapolation

On May 27, 2016, the US Department of Justice said it will appeal to the Eleventh Circuit its loss in the False Claims Act (FCA) case against hospice chain AseraCare Inc. The government’s decision to appeal comes as no surprise, and it means that the substantial attention this case has received will continue. As a...

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Assistant Attorney General Leslie R. Caldwell Speaks at SIFMA Compliance and Legal Society New York Regional Seminar


By on Nov 2, 2015
Posted In Compliance Developments

Assistant Attorney General Leslie R. Caldwell spoke at the SIFMA Compliance and Legal Society New York Regional Seminar. Read the full remarks at US Department of Justice.

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U.S. Department of Justice Memo on Corporate Wrongdoing


By on Sep 9, 2015
Posted In Compliance Developments

Fighting corporate fraud and other misconduct is a top priority of the Department of Justice. Our nation’s economy depends on effective enforcement of the civil and criminal laws that protect our financial system and, by extension, all our citizens. These are principles that the Department lives and breathes- as evidenced by the many attorneys, agents,...

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US Department of Justice Memo on Corporate Wrongdoing


By on Sep 9, 2015
Posted In Yates Memorandum

“Fighting corporate fraud and other misconduct is a top priority ofthe Department of Justice. Our nation’s economy depends on effective enforcement of the civil and criminal laws that protect our financial system and, by extension, all our citizens. These are principles that the Department lives and breathes- as evidenced by the many attorneys, agents, and...

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Pay Now or Pay More Later: Recent Cases Point to an Increased Risk of Reverse False Claims Act Claims


By on Aug 1, 2015
Posted In Other Notable Enforcement Actions

Imagine that you’re counsel to a company embroiled in a False Claims Act (FCA) case. Now imagine that your company is about to sign a settlement agreement ending that case after years of protracted discovery and motion battles with a relator or the government. You sigh in relief, right? But if that settlement includes a...

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Court Allows Former Employee to Retain Company Documents Relevant to Potential FCA Claim


By on Jul 7, 2015
Posted In Uncategorized

Companies may think their documents are safe from disclosure based on confidentiality agreements with employees, but a recent decision in the Northern District of Illinois highlights the risk that courts will permit a relator to keep company documents after a False Claims Act (FCA) suit is filed — even potentially privileged documents — and not...

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Fraud Alert: Physician Compensation Arrangements May Result in Significant Liability


By on Jun 9, 2015
Posted In Compliance Developments

Physicians who enter into compensation arrangements such as medical directorships must ensure that those arrangements reflect fair market value for bona fide services the physicians actually provide. Although many compensation arrangements are legitimate, a compensation arrangement may violate the anti-kickback statute if even one purpose of the arrangement is to compensate a physician for his...

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