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Whistleblower Laws White Collar Crime

Follow Up on False Claims Act Actions

This article discusses what you can do to mitigate against the risk inherent in prolonged exposure. While a 50-state survey is beyond the scope of this article, the authors identify issues that should be on the forefront of your mind if faced with potential state false claims act liability.


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You are the Senior Vice President and General Counsel at Pharmaceutical Company ABC. For years, you have been responding to multiple subpoenas from the Civil Division of the U.S. Attorney’s Office in your District. You have produced hundreds of thousands of documents in response. You have held multiple meetings with Assistant U.S. Attorneys and representatives from the U.S. Department of Health and Human Service’s Office of Inspector General (OIG), during which the government has asserted that it is investigating whether ABC has been defrauding the Centers for Medicare and Medicaid Services (CMS).

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