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The FRCP Rule 9(b) Standard In False Claims Act Cases
The Justice Department recently reported obtaining more than $5.6 billion in settlements and judgments from civil cases involving fraud and false claims against the government in fiscal year 2021. See, Justice Department's False Claims Act Settlements and Judgments Exceed $5.6 Billion in Fiscal Year 2021 (Feb. 1, 2022). This is the largest annual total in False Claims Act (FCA) history since 2014, no doubt spurred in part by fraud related to COVID-19. This growing wave of fraud has not only caught the attention of federal authorities, but also private parties who are bringing more and more lawsuits in federal courts across the country under the FCA alleging fraud against the government, including fraud against federal health insurance programs such as Medicare and Medicaid.
In general terms, the FCA imposes liability on persons who knowingly submit false claims to defraud federal government programs. In addition to allowing the United States to pursue perpetrators of fraud on its own, the FCA allows private citizens to file suits on behalf of the government (called "qui tam" suits) against those who have defrauded the government. Because these are fraud claims, they are subject to the heightened pleading requirement of Federal Rule of Civil Procedure 9(b), which states that, "[i]n alleging fraud …, a party must state with particularity the circumstances constituting fraud."
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
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