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Author Archives: Jonathan Tycko

U.S. Court of Appeals for the Third Circuit Issues Landmark Decision Holding that Failing to Properly Mark Imports with their Foreign Country of Origin Can Give Rise to False Claims Act Liability

October 6, 2016 – In an important case of first impression, the United States Court of Appeals for the Third Circuit yesterday ruled that if a company knowingly evades customs duties by importing goods that are not properly marked with their foreign country of origin, that company is subject to being sued by whistleblowers under […]

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Supreme Court Upholds “Implied Certification” Theory of Liability Under the False Claims Act

Yesterday, the Supreme Court issued its long-awaited decision in Universal Health Services, Inc. v. United States ex rel. Escobar, the most significant False Claims Act (“FCA”) decision of the year.  At issue was a theory of liability known as “implied certification,” and whether this theory was valid under the FCA. The relators (the technical term […]

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Leading Medical Device Company, Olympus Corporation of the Americas, Settles Kickback Charges For An Historic $646 Million Dollars

The biggest settlement in U.S. history under the Anti-Kickback Statute was recently entered into by Olympus Corporation of the Americas (“Olympus”), a medical device company headquartered in Center Valley, Pennsylvania. Olympus settled related civil and criminal charges for a substantial $646 million dollars. The complaints allege that the company engaged in various kickback schemes to […]

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In State False Claim Act Case Involved A Country Club’s Failure To Escheat Unclaimed Deposits, California Court Rules That Defendant’s SEC Filings Are Not “Public Disclosures”

The California Court of Appeal, Second Appellate Division (an intermediate appellate court in California’s state court system) recently ruled, in an interesting qui tam case brought under the California False Claims Act (“CFCA”), that a defendant’s filings with the United States Securities and Exchange Commission (“SEC”) are not “public disclosures” within the meaning of the […]

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Whistleblowers Can Help Fight Customs Fraud By Bringing Qui Tam Lawsuits Under The False Claims Act

The United States collects more than $30 billion in customs duties each year, making duties the second largest source of revenue for the federal government after income taxes.  But the agency charged with collecting customs duties, Customs and Border Patrol (“CBP”), estimates that between fiscal years 2007 and 2012, approximately $2.2 billion in customs duties […]

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Two Recent Decisions Hold That A Whistleblower Is Not Barred From Bringing A Qui Tam Lawsuit Based Upon Facts Already Known To The Government As A Result Of Audit Or Investigation That Is Not Known To The General Public

One of the procedural hurdles facing a whistleblower who brings a qui tam lawsuit under the False Claims Act (FCA) is the so-called “public disclosure bar.”  That bar arises from a section of the FCA stating that a qui tam case may be subject to dismissal if it is “based upon the public disclosure of […]

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Court Upholds Doctor’s Health Care Fraud Conviction For Performing Medically Unnecessary Procedures

A federal appellate court recently upheld the conviction of a Maryland cardiologist who was charged with health care fraud for performing coronary stent procedures-the insertion of small tubes, known as stents, in coronary arteries-when the procedures were not medically necessary. The opinion, United States v. McLean, 715 F.3d 129 (4th Cir. 2013), clarifies when a […]

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