Searching Content indexed under Criminal Law by Marcia Madsen ordered by Published Date Descending.
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Gilead Seeks Supreme Court Review Of Outlier Ninth Circuit FCA Ruling
On December 26, 2017, defendant Gilead Sciences Inc. filed a petition for certiorari (case number 17-936), requesting the Supreme Court to review a major Ninth Circuit False Claims Act ...
United States
15 Jan 2018
Fifth Circuit "Materiality" Ruling Recognizes FCA Limitations On Relators' Ability To Second Guess Agency Decisions
On September 29, 2016, a Fifth Circuit panel unanimously reversed one of the most astonishing FCA awards in recent years.
United States
5 Jan 2018
Fifth Circuit "Materiality" Ruling Recognizes FCA Limitations On Relators' Ability To Second Guess Agency Decisions
Should whistleblowers be permitted to recover hundreds of millions of dollars when the Government steadfastly insists that the factual underpinnings of a False Claims Act relator's allegations are flatly incorrect?
United States
4 Oct 2017
Supreme Court Rejects The Government's Expansive Interpretation Of "Official Act" For Honest Services Fraud And Bribery Allegations
The former governor was convicted of violating several federal laws, including committing "honest services fraud."
United States
1 Jul 2016
US Supreme Court Rejects Government's Expansive Interpretation Of "Official Act" For Honest Services Fraud And Bribery Allegations
The Court vacated the conviction of the former governor of Virginia, Bob McDonnell, because it was based on an improperly expansive interpretation of "official act" as used in the federal bribery statute.
United States
30 Jun 2016
Supreme Court Upholds Implied Certification Theory of Falsity for FCA Claims
Today, in Universal Health Services v United States ex rel. Escobar, the Supreme Court resolved a circuit split on a question of great importance for government contractors: ..
United States
16 Jun 2016
Supreme Court To Consider Implications of Seal Violation in FCA Lawsuits
On May 31, 2016, the Supreme Court granted certiorari in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513.
United States
1 Jun 2016
The Yates Memo – Will It Change the Application of the Mandatory Disclosure Rule?
The September 9, 2015 memorandum issued by Deputy Attorney General Yates makes clear that the Government intends to focus its investigative spotlight on possible False Claims Act violations by individuals, in addition to companies.
United States
14 Oct 2015
In an Important Victory for Government Contractors, the Supreme Court Holds that WSLA Does Not Toll the FCA's Statute of Limitations
Government contractors and health care companies have become increasingly concerned about the application of the Wartime Suspension of Limitations Act ("WSLA"), 18 U.S.C. § 3287, and the Department of Justice's ("DOJ") and False Claims Act ("FCA") relators' arguments ..
United States
27 May 2015
Supreme Court Denies Cert in Highly Watched FCA Case—Regulatory Violation Must Be Related to Claim for Payment
This week, the Supreme Court denied the qui tam plaintiff’s petition for certiorari in United States ex. Rel. Rostholder v. Omnicare, Inc., a False Claims Act (FCA) case from the Fourth Circuit.
United States
8 Oct 2014
SCOTUS Will Take Up First-to-File Bar And WSLA this Term
Today the Supreme Court began a new term. The Court does not often hear cases involving government contracts, but this may be a notable year for contractors at the Court.
United States
7 Oct 2014
Proposal for Expansive Government-Wide Counterfeit Items Reporting Rule Would Impose Substantial New Requirements on Contractors
A proposed rule issued June 10 would extend pervasive requirements for reporting counterfeit, suspect, and nonconforming items to all contractors, as well as their subcontractors and suppliers doing business with any U.S. Government department or agency.
United States
19 Jun 2014
Seventh Circuit Court Of Appeals Rejects Justice Department’s "Gross Trebling" Approach In Calculating Damages In False Claims Act Cases
The Seventh Circuit Court of Appeals’ decision in United States v. Anchor Mortgage Corp., 2013 WL 1150213 (7th Cir. Mar. 21, 2013), provides additional guidance on the appropriate measure of damages under the False Claims Act (FCA).
United States
30 Apr 2013
Fairness Hearing Required Prior to Dismissal of Settled FCA Case Over a Relator’s Objection
The US Court of Appeals for the District of Columbia has issued an opinion involving False Claims Act (FCA) allegations related to General Services Administration (GSA) schedule contracts.
United States
27 Apr 2012
In High-Profile "Custer Battles" Dispute, US Fourth Circuit Holds that False Claims Made to Grantees or Other Recipients of US Money Are Actionable if the Claim Involves Any Portion of US Funds
In one of the more highly publicized recent cases involving the civil False Claims Act, 31 U.S.C. §§ 3729-3733 (FCA), the Fourth Circuit recently overruled parts of a district court decision in the "Custer Battles" litigation that had spurred members of Congress to seek changes to the FCA.
United States
21 Apr 2009
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