Category: False Claims Act
Compliance Implications for Healthcare Companies Post-First Circuit Decision
The US Court of Appeals for the First Circuit’s landmark decision in United States v. Regeneron Pharmaceuticals will have some implications for healthcare compliance and defense strategies. In the case, the First Circuit adopted the more stringent “but-for” causation standard for claims under the False Claims Act (FCA) predicated on violations of […]
Complaint Against Uniform Company for Customs Duties Underpayment Highlights False Claims Act Risks for Tariff Compliance
As we discussed in this April 7 blog post, the US Department of Justice (DOJ) can pursue civil penalties for tariff evasion under the False Claims Act (FCA), including against companies that are aware of tariff evasion by their supply chain partners. The FCA risks are significant not only due […]
Tariffs Are Here – Be Aware of Criminal and Civil Enforcement Risks
On April 2, 2025, President Donald Trump, citing national security concerns, used authority granted under the International Emergency Economic Powers Act of 1977 to announce a sweeping new tariff regime, with a 10% baseline tariff for all countries, plus higher “reciprocal tariffs” for approximately 90 countries. These tariffs are “stackable” […]
Expanded False Claims Law Puts Government Contractors on Notice
With both the False Claims Act and the Administrative False Claims Act now part of the federal arsenal, companies dealing with US government funds can expect to see increased scrutiny of alleged false claims by the Department of Justice and administrative agencies. Congress passed the Administrative False Claims Act in late December […]
Whistleblower Essentials for US Companies
Companies now face an increasingly complicated and evolving landscape of programs announced by prosecutors and regulators that give individuals a financial incentive to report corporate misconduct. In the last year, the US Department of Justice (DOJ) has established several such programs, which complement existing initiatives from the US Securities and […]
Supreme Court Rules FCA Liability Turns on Subjective Belief, Not Objective Reasonableness
Key takeaways In a much-anticipated opinion released on June 1, 2023, the US Supreme Court held that the scienter element of the False Claims Act (FCA) turns on the defendant’s “knowledge and subjective beliefs” – not on “what an objectively reasonable person may have known or believed.” The unanimous decision […]
Are Courts Reining in Causation and Remuneration in False Claims Act and Anti-Kickback Cases?
In US ex rel. Martin v. Hathaway, the US Court of Appeals for the Sixth Circuit joined the US Court of Appeals for the Eighth Circuit in requiring False Claims Act (FCA) plaintiffs to establish a direct causal relationship between alleged kickbacks and specific healthcare claims. This decision widens an […]
DOJ’s Pandemic Fraud Enforcement Efforts Accelerating
On March 10, 2022, the Department of Justice announced the appointment of Associate Deputy Attorney General Kevin Chambers to serve as the DOJ’s first Director for COVID-19 Fraud Enforcement. This announcement comes two years after Congress passed the $2.2 trillion economic relief bill known as the Coronavirus Aid, Relief, and […]
DOJ Increases Efforts to Combat Cyber Breaches by Targeting Government Contractors
The US Department of Justice is increasing its arsenal to pursue cyber-related fraud by government contractors and grant recipients. The program, called the “Civil Cyber-Fraud Initiative,” was announced by Deputy Attorney General Lisa Monaco on Wednesday. The initiative – along with other recent steps taken by the federal government – […]
What You Need to Know About Potential Exposure if You’ve Gotten a CARES Act Loan
We have previously looked at the many ways CARES Act funding can provide critical sources of money for both small and large businesses. We also have described the oversight bodies created by the CARES Act to police the use of disbursed funds. For many businesses, small or large, this may be the first […]