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Health care fraud and False Claims Act cases continue to generate a significant source of funds for the Federal Government. Although, when announcing its focus, the government listed treatment options are not always clear. What these settlements often have in common is that the underlying complaints allege that the services that were rendered and reimbursed lacked medical necessity.
Health care fraud and False Claims Act cases continue to generate a significant source of funds for the Federal Government. During Fiscal Year 2017, the Federal Government won or settled over $2.4 billion in health care fraud judgments and settlements, most of which went into the Medicare Trust or Treasury.
By Marjorie Peerce and Mary K. Treanor
In Lagos v. United States, the U.S. Supreme Court ruled that corporate victims of criminal offenses cannot recover expenses incurred from internal investigations that the federal government has neither requested nor required under the Mandatory Victims Restitution Act of 1996,
The Supreme Court’s Criminal Law Decisions in 2018
By Harry Sandick and Jacqueline Bonneau
Part One of a Two-Part Article
The United States Supreme Court’s October Term 2017 was a good year for criminal defendants in areas as varied as the Fourth Amendment, obstruction of justice, the death penalty, and criminal restitution. There was only one major criminal law decision this term — Carpenter v. United States — but there were several decisions that defense counsel would do well to study.
Get It in Writing: Deducting False Claims Act Payments
By Ashley M. Drake and Joseph F. Savage, Jr.
In fiscal year 2017, the DOJ collected more than $3.7 billion dollars from False Claims Act (FCA) cases — part of the $86 billion it has collected from FCA cases since 1986. States and municipalities are aggressively pursuing FCA recoveries as well. Whether or not such payments are deductible as business expenses under the Internal Revenue Code is an important consideration when negotiating a settlement with the government.
Washington’s FARA Frenzy Spurs New Legal Business
By Ryan Lovelace
The FARA feeding frenzy had already been building in recent years, but it gained traction in the months since Manafort's indictment last fall.
The U.S. Justice Department’s aggressive enforcement of the Foreign Agents Registration Act (FARA) has drawn blood throughout the consultant class in Washington, with lawyers assessing the casualties and prowling for new business.
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