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Category Archives: Newsletters

The Reverse-False-Claim Provision As A Tool For Collecting Judgment Debts Owed To The Federal Government

By Lorenzo Cellini, Associate While the False Claims Act (FCA) prohibits the making of false statements to obtain money or property from the Government, one portion of the statute, commonly referred to as the “reversefalse-claim” provision of the FCA does the opposite: it renders unlawful the use of a false statement or record to avoid […]

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D.C. Circuit Recognizes Right Of Qui Tam Relator To Object To Government’s Settlement With Defendant

By Andrea Gold, Associate Who controls the settlement of False Claims Act cases – the Government, the whistleblower (or “Relator” as whistleblowers are called under that Act), or the court? To date, no clear consensus has yet developed among the federal courts on this important issue. To be sure, the Relator brings suit on behalf […]

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Contractor Fraud In Iraq And Afghanistan

By Jeffrey Kaliel, Associate While U.S. involvement in the Iraq war has wound down, the government continues to spend billions of dollars annually on reconstruction and aid efforts in Iraq and Afghanistan. The government has relied heavily on contractors to participate in—and in many cases, lead— nearly every aspect of the wars and their aftermath. […]

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Landmark Ruling Holds That Employer’s Retaliation Against Whistleblower Can Give Rise To RICO Claim

By Andrea Gold, Associate On December 15, 2011, the United States Court of Appeals for the Seventh Circuit issued a landmark opinion in DeGuelle v. Camilli, Appeal No. 10-2172, holding that a company’s retaliatory actions against a whistleblower gave rise to liability under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). In coming to this […]

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Blowing The Whistle On Fraud In The Banking Industry

By Jonathan Tycko, Partner The qui tam provisions of the False Claims Act are well-known, and the recently-enacted SEC and IRS whistleblower laws have received widespread publicity. But another similar law has seen little use, despite being on the books for more than 20 years, and despite applying broadly to a sector of the economy—the […]

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Top 10 Settlements Of 2011

Quest Diagnostics agreed to pay $241 million to settle a case brought under the California False Claims Act that alleged that the company overbilled California’s Medicaid program for diagnostic and testing services. The lawsuit was filed by whistleblowers Chris Riedel and his company Hunter Laboratories, a Quest competitor that was placed at a disadvantage due […]

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Vendor Gifts to Doctors: The Intersection of the Anti-Kickback Statute and the False Claims Act

By Jonathan Tycko, Partner and Andrea Gold, Associate The Anti-Kickback Statute (“AKS”), 42 U.S.C. §1320a-7b(b), prohibits any person from knowingly and willfully offering to pay any remuneration to another person to induce the purchase, order, or recommendation of any good or item for which payment may be made in whole or in part under federal […]

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