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News and Insights on the False Claims Act

We counsel and educate companies on internal whistleblower complaints
or other FCA compliance concerns. Read the latest, below.

 

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The False Claims Act (31 U.S.C. §§ 3729–3733, also called the "Lincoln Law") is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal Government's primary litigation tool in combating fraud and its enforcement is big business for the government.

Latest News and Insight

Analysis FEB 2017

United States ex rel Vavra v. Kellogg Brown & Root, Inc.

Fifth Circuit Affirms Timeliness
of AKA Claims Added to Government’s FCA Complaint
in Intervention

By holding that the FCA’s “relation back” provision covers non-FCA theories of liability, the court’s decision opens the door for the government to introduce entirely new theories of liability that would otherwise be time-barred in its complaint in intervention, which it often files many years after the original qui tam complaint.

Authors:
Patrick M. Hagan and Michelle Tupper Butler

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News March 2017

United States ex rel. Michaels v. Agape Senior Community, Inc.,

Fourth Circuit Upholds Government’s Right to Veto Qui Tam Settlement, Withholds Judgment on FCA Statistical-Sampling Issue

In what many had initially hoped would be a landmark decision regarding whether statistical sampling can be used to assess False Claims Act (FCA) liability, the Fourth Circuit joined two other circuits in holding that the government has an unreviewable right to veto a settlement between a relator and defendants.

Authors:
Joe W. Harper and Sunni R. Harris

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News March 2017

United States ex rel. Shepard,

District of Colorado Affirms Government’s Broad Discretion
to Settle Qui Tam Case Over Relator’s Objections

This is important not only to the government but to FCA defendants, because cases like Shepard help prevent parties who are interested in a resolution from being held hostage by relators who are lobbying for an unwarranted recovery.

 

Authors:
Joe W. Harper and Jan L. Hatcher

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