A split continues among the federal appellate courts on the proper causation standard to apply in False Claims Act ("FCA") cases that are based on the Anti-Kickback Statute “AKS”). The split between courts is set to expand into the First Circuit, which will hear an...
whistleblowers
Hot Topics in Healthcare Fraud
In fiscal year 2022, health care fraud remained a leading source of False Claims Act settlements and judgments. These recoveries restore funds to federal programs such as Medicare, Medicaid, and TRICARE, the health care program for service members and their families....
Federal Judge Dismisses FCA Claims Against Medical Equipment Supplier
On Monday, May 22, 2022, a Georgia federal judge dismissed most of the False Claims Act (“FCA”) claims against medical equipment manufacturer Ermi LLC in a lawsuit filed by the company’s ex-chief compliance officer. The same judge also dismissed the entirety of the...
DOJ False Claims Act Annual Report
On February 7, 2023, the U.S. Department of Justice released its annual False Claims Act (“FCA”) Report for the fiscal year 2022 (“Report”). The Report revealed that FCA litigation resulted in only $2.2 billion in settlements and recoveries in the fiscal year 2022,...
Supreme Court to Review the False Claims Act Bad Faith Requirement and Penalties
On January 13, 2023, the United States Supreme Court accepted two petitions for review in whistleblower cases. The cases are Proctor v. Safeway Inc. and Schutte et al. V. SuperValu Inc.
False Claims Act Supreme Court Developments to Watch in 2023
The ever-changing domain of False Claims Act (“FCA”) litigation is getting a busy start to the New Year with several notable developments set to play out in 2023, which will set important future trends regarding whistleblowers. The Department of Justice’s Dismissal...
Update on Hoyer Law Group Whistleblower Client Story
Our partner Dave Scher was recently interviewed on behalf of one of our courageous whistleblower clients for an updated story on the Dallas Independent School District. Click the video below to learn more. Click here for our previous post on this case.
Senate Implements Act Authorizing Whistleblower Awards under the Anti-Money Laundering Act
In 2020, the Senate passed The Anti-Money Laundering Act (“AMLA”), which included its own whistleblower program to encourage individuals to come forward with information concerning violations of the Bank Secrets Act (“BSA”). The program is administered by the...
What does the Rule 9(b) Split mean for Future Whistleblowers?
The Supreme Court recently refused to resolve a long-time circuit split regarding the False Claims Act’s rule 9(b), which requires whistleblowers to “state with particularity the circumstances constituting fraud.” Circuits have been divided on the application of this...
Hoyer Law Group Whistleblower Case involved in a False Claims Act Circuit split brought before the Supreme Court
Hoyer Law Group’s case U.S. ex rel. Owsley v. Fazzi Associates Inc. et al, is one of three cases before the U.S. Supreme Court concerning a long-time circuit split.