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Showing 13 posts in Qui Tam.

The False Claims Act Under the Biden Administration

The False Claims Act Under the Biden Administration

With the arrival of the Biden Administration and new upper-level appointments in the Department of Justice ("DOJ"), the way the DOJ enforces False Claims Act ("FCA") cases may evolve. Over time, recovery and enforcement trends help to understand how different administrations approach FCA enforcement. More

A Brief History of the False Claims Act

A Brief History of the False Claims Act

The False Claims Act originated out of the Civil War as a result of the Union Army’s transactions with unscrupulous companies that provided supplies for battle. These companies, recognizing that their products were in high demand during wartime, and seeing little possibility for accountability, intentionally sold substandard goods at high prices, and often sent less than what was ordered and paid for. Reports of moth-eaten blankets, shoddily constructed shoes, old and diseased horses, and guns missing from their crates began to pop up all over the battlefields of the United States, and the federal government quickly intervened. More

Qui Tam Lawsuits

What Is A Qui Tam Lawsuit?

The term qui tam originates from a Latin phrase that means "[he] who sues in this matter for the king as well as for himself." As such, a qui tam lawsuit is a type of civil lawsuit whereby a private individual, or a relator, with knowledge of fraudulent activity, assists in filing a case on behalf of the government. Qui tam lawsuits are filed under the False Claim Act and, in the event of a successful case, a relator receives as a reward a part of the funds recovered by the government. More

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Duke University Pays U.S. Government $112.5 Million to Settle False Claims Act Allegations

Duke University, a private research university in Durham, North Carolina, recently paid the U.S. government $112.5 million to settle allegations that it submitted falsified data in order to win federal research grants.  The settlement was announced on Monday, March 25, 2019, by the Department of Justice.  More

Why Do So Many False Claims Cases Settle Before Trial?

It is widely recognized that many more False Claims Act (FCA) cases settle than go to trial.[1] While it is difficult to determine the exact proportion of cases that settle vs. cases that are tried, comprehensive reports on FCA developments published semi-annually indicate about a 16:1 ratio of notable settlements to verdicts/ judgments.[2] More

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Walgreens Agrees to Settle Three Civil Fraud Lawsuits Totaling Over $270 Million

Walgreens Boots Alliance, Inc. ("Walgreens") has agreed to pay $269.2 million to settle two whistleblower lawsuits accusing it of overbilling federal healthcare programs for over a decade.  In both settlements, Walgreens "admitted and accepted responsibility for conduct the Government alleged in its complaints under the False Claims Act".  The U.S. Department of Justice made the announcement on January 22, 2019. In addition, Walgreens recently settled another False Claims Act claim, although the monetary value is modest in comparison with the first two.   In the third settlement, Walgreens agreed to pay $3.5 million to the U.S. and the State of Wisconsin to settle allegations that, from 2011 to 2014, Walgreens violated Wisconsin Medicaid rules by dispensing routinely stimulant medications to Wisconsin Medicaid beneficiaries without first verifying that the prescribing physician ordered the medication for a medically appropriate treatment.   More

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Attorney General Nominee Historically Opposed to False Claims Act Whistleblower Provision

William Barr, currently an attorney at Kirkland & Ellis who is nominated for the position of Attorney General, has historically been opposed to the False Claims Act qui tam whistleblower provision which allows private citizens to sue in the name of the United States government. More

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Four Houston-Area Hospitals Pay $8.6 Million to Settle Ambulance Swapping Allegations

Four Houston-area hospitals have paid $8.6 million collectively to settle allegations of "ambulance swapping"—that ambulance companies paid kickbacks to the hospitals in exchange for the hospitals' lucrative Medicare and Medicaid transport referrals. The hospitals—Bayshore Medical Center, Clear Lake Regional Medical Center, West Houston Medical Center, and East Houston Regional Medical Center—are all affiliates of the Nashville-based Hospital Corporation of America. More

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The Original Source Rule Under the FCA: What You Need to Know

The public disclosure bar of the False Claims Act generally prohibits suits based on facts that are publicly available. The original source rule, however, provides an exception to the public disclosure bar, so that whistleblowers who add valuable information to the publicly disclosed material can still pursue claims on behalf of the government.    More

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How the False Claims Act Protects Whistleblowers

In addition to imposing penalties on companies or individuals who deliberately defraud government-supported programs, the False Claims Act also includes provisions that protect whistleblowers from being retaliated against by the individuals or corporations they report for engaging in fraudulent activity. More

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