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The use of the FCA is part of a larger DOJ strategy to develop multi-faceted solutions for this public health emergency.
The False Claims Act (FCA) (31 U.S.C. §§3729-3733) is often at the forefront of civil fraud cases. The statute serves as the government’s primary civil remedy to redress false claims for healthcare benefits, government funds and property under government programs and contracts relating to such areas as Medicare, defense and national security, food safety and inspection, federally insured loans and mortgages, small business contracts, and disaster assistance. FCA violators can be hammered with staggering monetary damages and penalties. One false claim alone carries a penalty ranging from $10,957 to $21,916 (82 FR 9131), and cases warranting the attention of the U.S. Department of Justice (DOJ) will likely involve thousands, if not millions, of claims. Defendants can also be ordered to pay treble the amount of the government’s damages. Between Oct. 1, 2016, and Sept. 30, 2017, the DOJ obtained more than $3.7 billion in settlements and judgments from civil FCA cases. More than 64% of these recoveries ($2.4 billion) involved the health care industry, including drug companies, hospitals, pharmacies, laboratories and physicians.
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By Steve Sozio, Rebecca Martin, Rajeev Muttreja and Mark Rotatori
With the federal government appropriating more than $2 trillion for businesses affected by the COVID-19 pandemic, plaintiffs’ lawyers, regulators and politicians have trumpeted the search for whistleblowers — many of whom will try to cash in on perceived fraud in the funding programs created by the CARES Act and other enactments.
By Carolyn H. Kendall
Compliance Programs Offer Companies an Opportunity to Mitigate Risk
This article outlines the principles of corporate criminal liability, including the factors prosecutors consider when making charging decisions, and the potentially available sanctions in light of applicable U.S. Sentencing Guidelines, and offers strategies for minimizing risk, including lessons from recent criminal enforcement actions.
By Daniel R. Alonso, Preston Burton and Meredith Leeson
IGs have been part of the federal landscape for more than 40 years, so why all the fuss now? The answer is that they are a key element of the government’s built-in mechanisms for protecting the nation’s public treasury, and a relief package of this scope strongly indicates that the IGs and the new oversight bodies will spend many years scrutinizing funds spent under it.
By Christopher M. Ferguson
This article discusses what tools the government has for pursuing seemingly undeserving PPP borrowers, the obstacles to bringing such cases, and the factors that may influence the government’s decision in pursuing criminal or civil cases.