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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 Jodi Misher Peikin and Jacob Mermelstein
The U.S. Supreme Court granted certiorari in Liu v. Securities and Exchange Commission to address a question that, until fairly recently, seemed clear: whether the SEC has authority to obtain disgorgement in civil actions to enforce the federal securities laws.
By Robert J. Anello and Richard F. Albert
In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court’s notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
By Sareena Malik Sawhney
Over the past few years, defense attorneys have been turning to forensic accountants significantly more often in white-collar cases. An experienced and skilled forensic accountant is valuable to the defense team by casting reasonable doubt on the issue of intent and uncovering other evidence in support of innocence or a reduced sentence.
By Juliet Gunev
Maryland Jury Convicts Former Executive on FCPA Charges for Bribing Russian Official to Win Nuclear Fuel Transportation Contracts