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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.
By Stephen Cole
Information governance and the protection of corporate data are top concerns for law firms. To ensure standards are met, some clients are now tying payment to compliance with Outside Counsel Guidelines (OCG).
By Daniel Mayo
The Fifth Circuit Court of Appeals recently issued a decision that explains some of the requirements for deducting litigation expenses. The facts of the case are bizarre, but the controlling legal principles are not.
By Robert J. Anello and Richard F. Albert
Although increased reliance on technology such as emails and texts has provided greater opportunity to gather evidence of criminal activity, law enforcement agencies around the world complain that encryption technologies make it difficult to catch criminals and terrorists and therefore should be restricted.
By Frank Ready
A new report from the law firm of Pinsent Masons shows that there has been a high level of GDPR "over-reporting" at the U.K.'s Information Commissioner's Office, but organizations who may think they are playing it safe may actually be opening themselves up to further regulatory scrutiny.