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John T. Boese

LinkedIn
Of Counsel, Litigation
Washington,  DC  U.S.A.
Phone+1.202.639.7220

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Practice Areas

  • Litigation
  • White Collar Criminal Defense
  • White Collar Criminal Defense and Securities Enforcement
  • Government Contracts
  • Health Care Fraud and Compliance
 
Contact InfoTelephone: +1.202.639.7220
Fax: +1.202.639.7003
http://www.friedfrank.com/index.cfm?pageID=42&itemID=156&more=1
 
University Washington University, B.S., 1969
 
Law SchoolSt. Louis University Law School, J.D., magna cum laude, 1972 Associate Editor, Law Review
 
Admitted1973, District of Columbia; United States Supreme Court; United States Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits; District of Columbia and Federal Circuits; United States District Court for the District of Columbia; District of Columbia Courts of Appeals
 
Memberships American Bar Association (Co-Chair, Bi-Annual ABA National Institute on the Civil False Claims Act and Qui Tam Enforcement; Chair, Criminal Justice Section Continuing Legal Education (CLE) Board; Vice-Chair, Debarment and Suspension Committee, Public Contracts Section; Member, Task Force on New Contractor Business Ethics and Compliance Program Regulations; Co-Chaired, Qui Tam Subcommittee, Section of Criminal Justice, 1998-2006); American Law Institute.

 
BornSt. Louis, MO
 
Biography

John T. Boese is a member of the litigation department in Fried Frank's Washington, DC office. He joined the Firm in 1977 after five years in the United States Department of Justice, and he became a partner in 1980. He was a managing partner of the Washington, DC office and co-chair of the Washington, DC litigation department from 2001-2005. Prior to joining Fried Frank, Mr. Boese was a trial attorney with the Civil Division of the United States Department of Justice, where he was awarded a Special Commendation for Outstanding Service. For over 30 years, Mr. Boese has assisted corporations, academic and other non-profit institutions, individuals, and state and local government entities in a wide variety of federal white-collar criminal and civil investigations and proceedings. He is now of counsel at the Firm.

Mr. Boese is a nationally recognized expert on the civil False Claims Act. He has represented defendants in numerous False Claims Act cases brought by qui tam relators or by the Department of Justice. His clients include corporations and institutions in a broad variety of industries. He has represented defense contractors, hospitals, churches, construction companies, insurance companies, pharmaceutical companies, oil & gas companies, major retailers, import/export firms, computer manufacturers, software and computer service providers, universities and airports in False Claims Act litigation. He has appeared in over 40 Federal district courts and argued in most of the Federal circuit courts of appeal.

He is the author of the book Civil False Claims and Qui Tam Actions (Wolters Kluwer Law & Business 4th ed.), a comprehensive, two-volume treatise on the civil False Claims Act and qui tam enforcement at both the Federal and state levels. This book, updated bi-annually, was published originally in 1993, and the Fourth Edition was released in December 2010. The book is commonly cited as authority on this subject by courts at all levels, including most recently by the United States Supreme Court, as well as by practitioners and academics. The book was recently cited by the Securities and Exchange Commission as authority in drafting its proposed rules on whistleblower awards under the Dodd-Frank Act. In 2007, Mr. Boese testified before the Senate Judiciary Committee on behalf of the US Chamber of Commerce regarding proposed amendments to the False Claims Act.

Mr. Boese lectures frequently to private and public groups on civil and criminal fraud issues. He also lectures on the False Claims Act at a number of law schools, including American University and George Washington University.

Professional Associations

Co-Chair, Bi-Annual ABA National Institute on the Civil False Claims Act and Qui Tam Enforcement

Chair, ABA Criminal Justice Section Continuing Legal Education (CLE) Board

Vice-Chair, Debarment and Suspension Committee, Public Contracts Section of the American Bar Association

Member, American Law Institute

Member, ABA Task Force on New Contractor Business Ethics and Compliance Program Regulations

Co-Chaired Qui Tam Subcommittee of the American Bar Association Section of Criminal Justice from (1998-2006)

Publications

Client Memoranda

The SEC's Whistleblower Program: What the SEC Has Learned From the False Claims Act About Avoiding Whistleblower Abuses - and What FCA Enforcement Stands to Learn from the SEC, Jun 27, 2011
Authors: Douglas W. Baruch, John T. Boese, Dixie L. Johnson

Health Care Reform: More Aggressive Fraud Enforcement and Broader Government Oversight are on the Horizon, Nov 5, 2009
Authors: Beth C. McClain, Douglas W. Baruch, John T. Boese

"Effort Reporting" Compliance in Academic Research: The Dangerous New Enforcement Environment, Nov 9, 2005
Authors: John T. Boese, Douglas Baruch, Beth Collins McClain

Corporate Compliance Programs: Effective Programs May Protect Corporate Directors from Personal Liability, Nov 22, 1996
Authors: John T. Boese, Matt T. Morley

Whistleblower Retaliation Claims under the False Claims Act: Ninth, Tenth and Eleventh Circuit Opinions Create Uncertain Standard for Liability under Section 3730(h), Sep 20, 1996
Authors: John T. Boese

Civil False Claims Act: Ninth Circuit Rules that Three-Year Statute of Limitations Provision Applies to Qui Tam Relator, Aug 7, 1996
Authors: John T. Boese, Carlton K. Montgomery

Mistakes Are Not Fraud, Jun 21, 1996
Authors: John T. Boese, Shannon L. Haralson

District Court Limits Expansion of Qui Tam Enforcement Where No Private Cause of Action Exists, May 9, 1996
Authors: John T. Boese

Bills Introduced to Facilitate the Use, Sale and Export of Civil Encryption Technology, Mar 18, 1996
Authors: John T. Boese, Jay R. Kraemer

Employment of Illegal Immigrants Now a Basis for Debarment of Federal Contractors, Feb 28, 1996
Authors: John T. Boese, Karen T. Grisez

Department of Justice Press Release on Qui Tam Enforcement of Civil False Claims Act, Nov 29, 1995
Authors: John T. Boese

Second District Court, Applying Halper, Finds False Claims Act Penalties Violate Eighth Amendment, Nov 22, 1995
Authors: John T. Boese

Dealing with the Federal Government Shutdown, Nov 15, 1995
Authors: John T. Boese

Recent Case Should Enhance Freedom of Information Act as a Means of Defendants' Discovery Against the Government, Oct 25, 1995
Authors: John T. Boese

Recent Cases Provide Important Guidance on the Civil False Claims Act Statute of Limitations, Oct 5, 1995
Authors: John T. Boese

Suspension and Debarment: New Rule Creates Reciprocity Between Procurement and Nonprocurement Activities and Expands Adverse Impact, Jul 13, 1995
Authors: John T. Boese, Donald P. Carleen, Laraine S. Rothenberg, John P. MacDonald

Alerts and Newsletters

CIVIL FALSE CLAIMS ACT: Court Applies Contra Proferentem Doctrine against the Government in an FCA Case Based on an Ambiguous Contract Provision, Feb 8, 2012
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Remarks at Justice Department Celebration of 25th Anniversary of 1986 Amendments, Feb 3, 2012
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: Sixth Circuit Joins Second and Fifth Circuits in Holding That FCA Claims Based on Implied False Certifications Must Allege and Prove That the Alleged Violation Was a Prerequisite to Payment, Aug 31, 2011
Authors: Douglas W. Baruch, John T. Boese

Extraordinarily Long Statute of Limitations Applies to SEC Whistleblower Retaliation Actions, Jun 30, 2011
Authors: John T. Boese, Douglas W. Baruch

The SEC's Whistleblower Program: Lessons Learned from Qui Tam Enforcement under the False Claims Act, Jun 27, 2011
Authors: John T. Boese, Douglas W. Baruch

Reexamining Corporate Compliance Programs in Light of the SEC's Whistleblower Rules, Jun 21, 2011
Authors: John T. Boese, Douglas W. Baruch

SEC Adopts Whistleblower Program, May 25, 2011
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Supreme Court Holds that Government FOIA Responses Are "Public Disclosures" and that "Opportunistic" FCA Suits Based on Information Obtained via FOIA Cannot Proceed, May 16, 2011
Authors: John T. Boese, Douglas W. Baruch

Ministry of Justice Issues Final Guidance on "Adequate Procedures" Under the UK Bribery Act, Mar 30, 2011
Authors: James Kitching

CIVIL FALSE CLAIMS ACT: Supreme Court Hears Oral Argument on Whether a FOIA Response is a "Public Disclosure", Mar 1, 2011
Authors: John T. Boese, Douglas W. Baruch

SEC's Whistleblower Rules Show What the SEC Has Learned (at Least For Now) From the False Claims Act About Avoiding Whistleblower Abuses, Dec 8, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: D.C. Circuit Holds that "Collective Knowledge" is an Inappropriate Basis for FCA Liability, Dec 6, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Fifth Circuit Holds "Prerequisite to Payment" is a Fundamental Requirement in Establishing "Falsity" in a False Certification Case, Nov 3, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Tenth Circuit Breaks New Ground by Requiring Dismissal of Reverse False Claim Jury Verdict Based on Allison Engine Intent Requirement, Oct 29, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Supreme Court Agrees to Decide Another "Public Disclosure" Issue: Are Documents Obtained Through FOIA Requests "Public Disclosures" Under the False Claims Act?, Sep 29, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Here They Go Again, Round III: Financial Reform Bill Contains More FCA Amendments, Jun 29, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Justice Department Urges Supreme Court to Deny Certiorari on Original Source and Rule 9(b) Questions in Duxbury, but Suggests that the Court Should Grant Certiorari in Hopper Where Rule 9(b) Issue is "Squarely Presented", Jun 1, 2010
Authors: John T. Boese, Douglas W. Baruch

New Mexico Court Dismisses State Qui Tam Suit as Unconstitutional Due to Retroactive Application of the State False Claims Statute, May 5, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Here They Go Again - Newly Enacted Comprehensive Health Care Reform Law Contains More FCA Amendments, Mar 24, 2010
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

CIVIL FALSE CLAIMS ACT: Supreme Court Seeks Justice Department's Views on Critical "Original Source" and Rule 9(b) Issues, Feb 23, 2010
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

CIVIL FALSE CLAIMS ACT: Supreme Court Hears Oral Argument in Graham County II on Whether Fraud Allegations in State Reports are "Publicly Disclosed" for FCA Purposes, Nov 30, 2009
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

CIVIL FALSE CLAIMS ACT: District Court Holds that Applying FERA Amendment Retroactively Would Be Unconstitutional, Oct 28, 2009
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

DEBARMENT AND EXCLUSION: The Unintended Consequences of the "Defund ACORN Act", Oct 5, 2009
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: D.C. District Court Decision Limits Retroactive Effect of FERA Amendment to Pending "Claims," Not Pending Cases, Sep 16, 2009
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

CIVIL FALSE CLAIMS ACT: Flexible Rule 9(b) Standard Recently Applied by First and Fifth Circuits in FCA Cases Obviates Need for Legislative Change, Aug 27, 2009
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

CIVIL FALSE CLAIMS ACT: First Circuit "Public Disclosure" Decision Misreads the "Plain Meaning" of the FCA's Original Source Provision and Encourages Parasitic Suits, Aug 19, 2009
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

CIVIL FALSE CLAIMS ACT: Supreme Court Agrees to Hear the Question of Whether Administrative Reports Issued by State and Local Governments Qualify as "Public Disclosures", Jun 22, 2009
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: The False Claims Act is Amended for the First Time in More Than Twenty Years as the President Signs the Fraud Enforcement and Recovery Act of 2009, May 21, 2009
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: False Claims Act Amendments in S. 386 Pass Both Houses of Congress and Are Sent to the President for his Signature, May 19, 2009
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: House Amendments to the False Claims Act in S. 386 Win Approval by the Senate, May 15, 2009
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: Redline Comparison of S. 386 and the False Claims Act, May 13, 2009
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: House Passes Revisions to False Claims Act Liability in S. 386 with Four Additional Amendments that Must Win Senate Approval, May 6, 2009
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: The Senate Passes S. 386 Amending Major Liability Provisions in the FCA; House Judiciary Passes More Sweeping FCA Revisions in H.R. 1788, Apr 30, 2009
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: The Supreme Court Hears Oral Argument in, United States ex rel. Eisenstein v. City of New York Apr 22, 2009
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: Recent Developments Increase Possibility of FCA Claims Against Recipients of TARP Funds and Contractors Retained by Treasury for TARP Services, Feb 2, 2009
Authors: John T. Boese, James J. McCullough

CIVIL FALSE CLAIMS ACT: Recent Developments Increase Possibility of FCA Claims Against Recipients of TARP Funds and Contractors Retained by Treasury for TARP Services, Feb 2, 2009
Authors: Thomas P. Vartanian, John T. Boese, James J. McCullough, David L. Ansell, Robert H. Ledig, Gordon Miller

Civil False Claims Act: Supreme Court to Determine Time for Appeal in Unintervened Qui Tam Cases, Jan 16, 2009
Authors: John T. Boese

Holiday Advice for Those Near and Far, Dec 23, 2008
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: FAR Amendment Requires Federal Contractors to Make Mandatory Disclosure if "Credible Evidence" of False Claims Act Violations Exists, But Lacks Clear Standards for Action, Dec 11, 2008
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: Supreme Court Signals Its Interest in the Question of Whether Administrative Reports Issued by State and Local Governments Qualify as "Public Disclosures", Dec 8, 2008
Authors: John T. Boese

Senator Grassley Urges DOJ, Treasury, and Qui Tam Lawyers to Use the False Claims Act against Financial Institutions under Emergency Economic Stabilization Programs, Nov 19, 2008
Authors: John T. Boese, Thomas P. Vartanian, David L. Ansell, Robert H. Ledig, Gordon L. Miller

CIVIL FALSE CLAIMS ACT: Senator Grassley Urges DOJ, Treasury, and Qui Tam Lawyers to Use the FCA against Financial Institutions under Troubled Assets Relief Program, Nov 18, 2008
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: DC Circuit, Applying Supreme Court's Decision in Safeco to False Claims Act, Finds Lack of "Reckless Disregard" in FCA Allegations Based on Ambiguous Government Requirements, Jul 9, 2008
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: House Subcommittees Hold Joint Hearing on H.R. 4854's Sweeping Amendments to the FCA, Jun 20, 2008
Authors: John T. Boese

Financial Institutions and the False Claims Act - National City Mortgage Pays $4.6 Million to Settle False Claims Allegations Involving Mortgage Loans, Jun 20, 2008
Authors: Thomas P. Vartanian, John T. Boese, Robert H. Ledig, Nancy Barr, Katie T. Dang

FALSE CLAIMS ACT: Unanimous Opinion by the Supreme Court in Allison Engine Vacates Sixth Circuit's Expansion of FCA Liability, Jun 9, 2008
Authors: John T. Boese

Civil False Claims Act: Fourth Circuit Holds That a "False Claim" Requires an "Objective Falsehood," Rejects Falsity Based on Disputed Legal Question, Requires Allegations of Materiality to Satisfy Rule 9(b) and Affirms Arbitration of Section 3730(h) Claims, May 20, 2008
Authors: John T. Boese

CIVIL FALSE CLAIMS ACT: Senate Judiciary Committee Hears Testimony on Proposed Amendments to the False Claims Act in S. 2041; Senators and DOJ Agreed to Work on Problems in the Bill, Feb 27, 2008

CIVIL FALSE CLAIMS ACT: The Supreme Court Hears Argument on "Presentment" Requirement in the False Claims Act: Justices' Questioning Probed Statutory Construction Issues as well as Unusual Evidentiary Posture of the Case, Feb 26, 2008

DOJ Ensures Right of Disabled Americans to Gamble Away Future, Dec 20, 2007
Authors: John T. Boese

FALSE CLAIMS ACT: Supreme Court Grants Certiorari on Presentment Issue, October 29, 2007
Authors: John T. Boese

FALSE CLAIMS ACT: Senator Grassley Proposes Sweeping Amendments to the False Claims ActFavorable to Plaintiffs' Bar, September 12, 2007
Source: Fried Frank FraudMail Alert® No. 07-09-12
Authors:

Civil False Claims Act: IRS Issues Directive and Audit Guidance on Deductibility of FCA Settlements, Jul 3, 2007
Source: FraudMail Alert®; No. 07-07-03

CIVIL FALSE CLAIMS ACT: Will the Supreme Court Define "Public Disclosure" in False Claims Act Litigation?, May 30, 2007
Source: FraudMail Alert®; No. 07-04-11

Civil False Claims Act: Reflections on Rockwell, and the Future of the "Original Source" Rule Apr 11, 2007
Source: FraudMail Alert®; No. 07-04-11
Authors: John T. Boese

Civil False Claims Act: Supreme Court in Rockwell Holds That "Original Source" Means Qui Tam Relator Must Have Actual Knowledge of FCA Claims to Satisfy Jurisdictional Requirement Mar 27, 2007
Source: FraudMail Alert®; No. 07-03-27
Authors: John T. Boese

FCA Legislative Update: (1) False Claims Bills Introduced in Nineteen States; (2) A Tax Proposal to Benefit Qui Tam Relators; and (3) Internal Report Concludes That New York City's FCA Yields Nothing So Far Mar 14, 2007
Source: FraudMail Alert®; No. 07-03-14
Authors: John T. Boese

STATE FALSE CLAIMS ACTS: Federalism Takes a Blow as HHS OIG Finds That Seven of Ten State False Claims Laws Do Not Qualify for Financial Incentive under Deficit Reduction Act, Dec 29, 2006
Source: FraudMail Alert®; No. 06-12-29
Authors: John T. Boese

A Conservative Year for Holiday Cheer, Dec 22, 2006
Source: FraudMail Alert®; No. 06-12-22
Authors: John T. Boese

Civil False Claims Act: Supreme Court Hears Oral Argument on "Original Source" Issue in Rockwell, Dec 5, 2006
Source: FraudMail Alert®; No. 06-12-05
Authors: John T. Boese

Civil False Claims Act: Supreme Court Grants Certiorari on "Original Source" Issue, Sep 26, 2006
Source: FraudMail Alert® No. 06/09/26

California False Claims Act: California Supreme Court Defines "Person" To Exclude Local Governments Under State FCA's Qui Tam Provision, Sep 7, 2006
Source: FraudMail Alert® No. 06-09-07

State False Claims Laws: OIG Issues Guidance on Requirements for State Qui Tam Laws to Qualify for Incentives Under Section 1909 of the Deficit Reduction Act, Aug 18, 2006
Source: FraudMail Alert® No. 06-08-18

District Court in New York Rules That Government's Implementation of Thompson Memorandum Deprives Former KPMG Employees of Fifth Amendment Right to Due Process and Sixth Amendment Right to Counsel, Jun 27, 2006
Source: FraudMail Alert® No. 6-06-27

Washington Legal Foundation Publishes In-Depth Analysis of State Qui Tam and Educational Provisions in the Deficit Reduction Act of 2005, Jun 20, 2006
Source: FraudMail Alert® No. 06-06-20

Is The Government's Position In KPMG Inconsistent With Its Own Actions In The Ruby Ridge Case? Revisiting A 1997 FraudMail Alert, May 11, 2006
Source: FraudMail Alert® No. 06-05-11

Civil False Claims Act: Eighth Circuit Expressly Rejects Early Discovery to Help Relator Satisfy Rule 9(b), Apr 18, 2006
Source: FraudMail Alert® No. 06-04-18

State False Claims: Congress Uses Budget Bill to Persuade States to Enact State Qui Tam Laws, Feb 8, 2006
Source: FraudMail Alert® No. 06-02-08

False Claims Act: What Justice Alito May Mean to False Claims Act Litigation and Qui Tam Enforcement, Jan 31, 2006
Source: FraudMail Alert® No. 06-01-31

False Claims Act: Massachusetts District Court Refuses to Allow New DOJ Claims to Relate Back to Original Qui Tam Complaint Against Misjoined Defendants, Jan 24, 2006
Source: FraudMail Alert® No. 06-01-24

Defective Mice and the False Claims Act, Dec 15, 2005
Source: FraudMail Alert® No. 05-12-15

State Qui Tam Laws: Senate Budget Committee's New Medicaid Fraud and Abuse Bill Contains Strong Incentives for States to Enact Qui Tam Laws, Oct 28, 2005
Source: FraudMail Alert® No. 05-10-28

Civil False Claims Act: Eleventh Circuit Decision Analyzes "Indicia of Reliability" Required Under Rule 9(b); Affirms Denial of Leave to Amend Qui Tam Complaint, Oct 25, 2005
Source: FraudMail Alert® No. 05-10-25

What A Chief Justice Roberts Would Mean To False Claims Act Litigation And Enforcement, Sep 22, 2005
Source: FraudMail Alert® No. 05-09-22

Internal Investigations: Fourth Circuit Provides Useful Guidance on Employee Interviews and the Attorney-Client Privilege, Jul 22, 2005
Source: FraudMail Alert® No. 05-07-22

Civil False Claims Act: Supreme Court Rules That Statute of Limitations for Whistleblower Retaliation Suits Is Not Governed by FCA's 6-Year Limitations Period; Courts Should Now Look to Analogous State Statute in Determining Limitations Period for Section 3730(h) Actions., Jun 20, 2005
Source: FraudMail Alert® No. 05-06-20

Civil False Claims Act: Supreme Court Hears Oral Argument to Resolve Conflict in Circuits on the Appropriate Statute of Limitations in Section 3730(h) Actions, Apr 22, 2005
Source: FraudMail Alert® No. 05-04-22

Municipal False Claims Laws Built on Weak Legal Foundations: Recent Problems in San Francisco and New York City Demonstrate Serious Flaws in Municipal False Claims Laws, Apr 7, 2005
Source: FraudMail Alert® No. 05-04-07

US Attorney's Office Forms New "Procurement Fraud Working Group": Signals Expansion in Government Investigations, Prosecutions of Defense Contractors, Feb 24, 2005
Source: FraudMail Alert® No. 05-02-24

Civil False Claims Act: Tenth Circuit Adopts Sequoia Orange Test for DOJ Dismissal of Qui Tam Cases, Feb 11, 2005
Source: FraudMail Alert® No. 05-02-11

False Claims Act Legislative Update: The City of Chicago Enacts New Municipal False Claims/Qui Tam Law, Jan 20, 2005
Source: FraudMail Alert® No. 05-01-20

Civil False Claims Act: United States Supreme Court Grants Petition for Certiorari in FCA Whistleblower Retaliation Case, Jan 7, 2005
Source: FraudMail Alert® No. 05-01-07

The False Claims Act and the Beauty Queen, Dec 22, 2004
Source: FraudMail Alert® No. 04-12-22

Civil False Claims Act: Rehearing Denied by D.C. Circuit in Totten II, Dec 13, 2004
Source: FraudMail Alert® No. 04-12-13

False Claims Act: D.C. Circuit Court of Appeals Affirms Dismissal of "Prolix" FCA Complaint for Failure to Allege Fraud with Specificity, but Reinstates Whistleblower Retaliation Claim, Nov 30, 2004
Source: FraudMail Alert® No. 04-11-30

FALSE CLAIMS ACT: DC Circuit Court of Appeals Affirms Dismissal of FCA Action, in Decision with Potentially Dramatic Implications for FCA Suits Involving Federal Grantees, Sep 1, 2004
Source: Fried Frank FraudMail Alert ® No. 04-09-01
Authors: John T. Boese

Civil False Claims Act: Second Circuit Affirms Dismissal of Case Under Broad Interpretation of FCA's "Tax Bar", Aug 5, 2004
Source: FraudMail Alert® No. 04-08-05

False Claims Legislation: New York City Council Considers False Claims Bill with Qui Tam Provisions, Jun 29, 2004
Source: FraudMail Alert® No. 04-06-29

Civil False Claims Act: American Bar Association to Hold Fifth Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Jun 2, 2004
Source: FraudMail Alert® No. 04-06-02

Civil False Claims Act: Ninth Circuit Holds District Court Lacks Jurisdiction over FCA Case Based on Customs Law Violations, Mar 18, 2004
Source: FraudMail Alert® No. 04-03-18

State False Claims Laws: New Mexico Adopts a Medicaid False Claims Act With Qui Tam Enforcement, Mar 12, 2004
Source: FraudMail Alert® No. 04-03-12

Civil False Claims Act: First Circuit Dismisses 93-Page Qui Tam Complaint Based on Rule 9(b), Feb 24, 2004
Source: FraudMail Alert® No. 04-02-24

Lobster Fraud, Dec 18, 2003
Source: FraudMail Alert® No. 03-12-18

Privilege: A Defendant's Letter to an AUSA Does Not Waive or Forfeit Privilege, Nov 21, 2003
Source: FraudMail Alert® No. 03-11-21

Civil False Claims Act: "To Our Readers" Letter, Nov 7, 2003
Source: FraudMail Alert® No. 03-11-07

Civil False Claims Act: California Court Emphatically Rejects Nursing Home Quality of Care Case Litigated Under FCA, Sep 4, 2003
Source: FraudMail Alert® No. 03-09-04

Civil False Claims Act: Eighth Circuit Panel Finds Sufficient Evidence to Reverse Grant of Summary Judgment for the Government in Civil FCA Case, Aug 28, 2003
Source: FraudMail Alert® No. 03-08-28

Civil False Claims Act: Senate Proposes Substantial FCA Penalty Increase to $15,000 Per False Claim, Jul 3, 2003
Source: FraudMail Alert No. 03-07-03

State False Claims Litigation: Dozens of Major Retailers Sued in State Qui Tam Suits Over Alleged Failure to Collect Sales Tax for Internet Sales, May 6, 2003
Source: FraudMail Alert No. 03-05-06
Authors: John T. Boese

Civil False Claims Act: Eighth Circuit Significantly Limits FCA Civil Penalties, Apr 11, 2003
Source: FraudMail Alert No. 03-04-11
Authors: John T. Boese

Civil False Claims Act: New Supreme Court Decision Provides Guidance on Constitutional Limits for FCA Damages and Penalties, Apr 10, 2003
Source: FraudMail Alert No. 03-04-10
Authors: John T. Boese

Civil False Claims Act: Fifth Circuit's En Banc Decision in Southland Finds No "False Claim" Despite False Certification, Apr 2, 2003
Source: FraudMail Alert No. 03-04-02
Authors: John T. Boese

Civil False Claims Act: Putting the Chandler Decision into Perspective, Mar 31, 2003
Source: FraudMail Alert No. 03-03-31
Authors: John T. Boese

Civil False Claims Act: United States Supreme Court Rules that Municipalities are "Persons" Subject to FCA Liability, Mar 10, 2003
Source: FraudMail Alert No. 03-03-10
Authors: John T. Boese

Financial Institutions Litigation: False Claims Act Provides A Powerful Tool for Whistleblowers, Feb 25, 2003
Source: 21st Century Money, Banking & Commerce Alert No. 2003-02-25
Authors: Thomas P. Vartanian, John T. Boese, Robert H. Ledig, David L. Ansell, Beth C. McClain

Civil False Claims Act: Senator Grassley Proposes Congressional Review of FCA Settlements, Feb 6, 2003
Source: FraudMail Alert No. 03-02-06
Authors: John T. Boese

Civil False Claims Act: Supreme Court Hears Oral Argument In FCA Case Against Municipal Government Entity, Jan 14, 2003
Source: FraudMail Alert No. 03-01-14
Authors: John T. Boese

Civil False Claims Act: American Bar Association to Hold Fourth Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Jan 8, 2003
Source: FraudMail Alert No. 03-01-08
Authors: John T. Boese

Caviar Fraud: Federal Prosecutors Insure Future of Caviar for Effete Snobs, Dec 20, 2002
Source: FraudMail Alert No. 02-12-20
Authors: John T. Boese

Civil False Claims Act: Ninth Circuit Issues Important Decision on Use of Sampling and Spoliation of Evidence, Dec 17, 2002
Source: FraudMail Alert No. 02-12-17
Authors: John T. Boese

Civil False Claims Act: Justice Department Announces FCA Recoveries Topping $10 Billion Since 1986 Amendments, Dec 16, 2002
Source: FraudMail Alert No. 02-12-16
Authors: John T. Boese

Civil False Claims Act: Second District Court Rules That DOJ Cannot Sue Counties Under the FCA, Setting Stage for Possible Action By Supreme Court, Dec 3, 2002
Source: FraudMail Alert No. 02-12-03
Authors: John T. Boese

Civil False Claims Act: Justice Department Urges Supreme Court to Rule that Local Governmental Entities are Subject to FCA Qui Tam Actions, But Does Not Advocate Reversal of Holding that FCA Damages "Are Essentially Punitive in Nature", Nov 13, 2002
Source: FraudMail Alert No. 02-11-13
Authors: John T. Boese

SEC Proposes Rules under the Sarbanes-Oxley Act of 2002 on Internal Controls, Codes of Ethics, Financial Experts and Auditor Interference, Nov 1, 2002
Source: FraudMail Alert No. 02-11-01
Authors: John T. Boese

SecMail® No. 02-07-30 (2): Living with the Reform: The Impact of the Sarbanes-Oxley Act of 2002, Jul 31, 2002
Source: FraudMail Alert No. 02-07-31(2)
Authors: John T. Boese

Civil False Claims Act: Supreme Court Agrees to Decide Whether Local Governments are Subject to FCA Liability, Jun 28, 2002
Source: FraudMail Alert No. 02-06-28
Authors: John T. Boese

Contractor Allowability of Legal Costs for Defending FCA Actions: Armed Services Board of Contract Appeals Holds that Contractor Legal Defense Costs May Be Apportioned Between Unsuccessful and Successful Government Claims, Jun 27, 2002
Source: FraudMail Alert No. 02-06-27
Authors: John T. Boese

Freedom of Information Act: First Circuit Affirms Decision Permitting Access to Confidential Internal Agency Legal Memoranda, Jun 14, 2002
Source: FraudMail Alert No. 02-06-14
Authors: John T. Boese

Civil False Claims Act: Defense Department Issues Long-Awaited Report on Decision-Making in False Claims Cases, May 14, 2002
Source: FraudMail Alert No. 02-05-14
Authors: John T. Boese

Civil False Claims Act: Two Appellate Decisions Reveal Dramatically Different Views of the Scope of False Claims Act Liability, May 10, 2002
Source: FraudMail Alert No. 02-05-10
Authors: John T. Boese

Civil False Claims Act: Courts Increasingly Likely to Enforce Arbitration Clauses in Disputes Involving Section 3730(h) Whistleblower Retaliation Claims, May 6, 2002
Source: FraudMail Alert No. 02-05-06
Authors: John T. Boese

Legislative Update: Virginia Enacts New State False Claims/Qui Tam Law, Apr 30, 2002
Source: FraudMail Alert No. 02-04-30
Authors: John T. Boese

White Collar Fraud: Eleventh Circuit Reverses Cost Report Fraud Convictions Based on Interpretation of Ambiguous Medicare Regulations Because Prosecution Failed to Prove "Falsity", Mar 25, 2002
Source: FraudMail Alert No. 02-03-25
Authors: John T. Boese

SecMail No. 02-02-04: Questions Every Audit Committee Should Be Asking in the Wake of Enron, Feb 22, 2002
Source: FraudMail Alert No. 02-02-22
Authors: John T. Boese

Civil False Claims Act: Divided Tenth Circuit Holds that Certain Government Employees Are Not "Persons" Permitted to File Qui Tam Suits Under the FCA, Feb 20, 2002
Source: FraudMail Alert No. 02-02-20
Authors: John T. Boese

Civil False Claims Act: Third Circuit Affirms Municipal Immunity in Decision Important to Commercial and Non-Public Entities, Jan 30, 2002
Source: FraudMail Alert No. 02-01-30
Authors: John T. Boese

Civil False Claims Act: Seventh Circuit Panel Holds that Local Governments are "Persons" Subject to Punitive FCA Liability, Increasing Likelihood of Supreme Court Review, Jan 23, 2002
Source: FraudMail Alert No. 02-01-23
Authors: John T. Boese

Civil False Claims Act: Second Circuit Limits Scope of FCA in Quality of Care and False Certification Cases, Dec 20, 2001
Source: FraudMail Alert No. 01-12-20
Authors: John T. Boese

Chicken Fraud: Kentucky Court Rules That Excessive Odor Does Not Justify Excessive Fines, Dec 19, 2001
Source: FraudMail Alert No. 01-12-19
Authors: John T. Boese

Civil False Claims Act: Court Grants Government Motion to Dismiss Qui Tam Case Over Relators' Objections, Citing National Security, Environmental and Cost Concerns, Dec 17, 2001
Source: FraudMail Alert No. 01-12-17
Authors: John T. Boese

Civil False Claims Act: Eighth Circuit Joins Ninth Circuit Court of Appeals in Limiting Qui Tam FCA Claims Against State Officials, Oct 24, 2001
Source: FraudMail Alert No. 01-10-24
Authors: John T. Boese

Civil False Claims Act: American Bar Association to Hold Third Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Oct 8, 2001
Source: FraudMail Alert No. 01-10-08
Authors: John T. Boese

FCPA Anti-Bribery Case Suggests Effective Strategies for Addressing Discovery of Illegal Corporate Activity, Sep 27, 2001
Source: FraudMail Alert No. 01-09-27
Authors: John T. Boese

FCPA Anti-Bribery Case Suggests Effective Strategies for Addressing Discovery of Illegal Corporate Activity, Sep 26, 2001
Source: SecMail® 01-09-26

Supreme Court Rules That Relators Have Standing To Sue Under The Civil False Claims Act, But That States Are Not "Persons" Subject To Liability Under The False Claims Act, Sep 1, 2001
Source: Flash Alert No. 01-9-1

Legislative Update: Hawaii and Tennessee Expand the Reach of Their Existing State Qui Tam False Claims Laws, Jul 17, 2001
Source: FraudMail Alert No. 01-07-17
Authors: John T. Boese

Civil False Claims Act: Ninth Circuit Refines Public Disclosure Analysis, Establishing Significant Limits on "Parasitic" Qui Tam Suits, Jul 6, 2001
Source: FraudMail Alert No. 01-07-06
Authors: John T. Boese

Civil False Claims Act: Third Circuit Court of Appeals Holds That FCA Does Not Apply Where There is No Economic Loss to the Government, Jun 15, 2001
Source: FraudMail Alert No. 01-06-15
Authors: John T. Boese

Civil False Claims Act: Members of Senate Judiciary Committee Grill Assistant Attorney General Nominee on Civil FCA Enforcement Issues, Jun 8, 2001
Source: FraudMail Alert No. 01-06-08
Authors: John T. Boese

Civil False Claims Act: No Sign Yet of DOD Report on Decision-Making Process in FCA Cases, May 29, 2001
Source: FraudMail Alert No. 01-05-29
Authors: John T. Boese

Civil False Claims Act: Fifth Circuit En Banc Rules that Qui Tam False Claims Act Enforcement Does Not Violate Article II of the Constitution, May 26, 2001
Source: FraudMail Alert No. 01-05-26
Authors: John T. Boese

Civil False Claims Act/Punitive Damages: Supreme Court Holds That Punitive Damages Awards Are Subject to De Novo Review, May 17, 2001
Source: FraudMail Alert No. 01-05-17
Authors: John T. Boese

Securities Fraud -- Civil False Claims Act: Recent Securities Fraud Suit Based on Failure to Disclose Qui Tam Suit, May 10, 2001
Source: FraudMail Alert No. 01-05-10
Authors: John T. Boese

Civil False Claims Act: Fifth Circuit Panel Holds that False Claims Act is "Punitive," and a Local Governmental Entity is not a "Person" Subject to Such Punitive FCA Damages, Mar 29, 2001
Source: FraudMail Alert No. 01-03-29
Authors: John T. Boese

Civil False Claims Act: Fourth Circuit Rules in Split Decision that Government's Civil FCA Proceedings Must be Stayed Pending Mandatory, But Not Binding, Arbitration, Mar 29, 2001
Source: FraudMail Alert No. 01-03-29-2
Authors: John T. Boese

Civil False Claims Act: Ninth Circuit Issues Important Decision Regarding FCA's "First-to-File" Bar, Mar 26, 2001
Source: FraudMail Alert No. 01-03-26
Authors: John T. Boese

Civil False Claims Act: Ninth Circuit Panel Holds that FCA Damages and Penalties Are Subject to Eighth Amendment Excessive Fines Analysis, Mar 22, 2001
Source: FraudMail Alert No. 01-03-22
Authors: John T. Boese

Civil False Claims Act: Proposed Senate Bill Calls for Unprecedented Access by Relators to Materials Produced under Civil Investigative Demand, Mar 21, 2001
Source: FraudMail Alert No. 01-03-21
Authors: John T. Boese

Civil Fraud: Sixth Circuit Issues Important Decision Regarding Duties of Corporate Directors to Respond to Potential Fraud, Feb 15, 2001
Source: FraudMail Alert No. 01-02-15
Authors: John T. Boese

Civil False Claims Act: Attorney General Ashcroft Pledges Vigorous Enforcement of Civil False Claims Act, Feb 2, 2001
Source: FraudMail Alert No. 01-02-02
Authors: John T. Boese

Civil False Claims Act: Court Grants Summary Judgment to FCA Defendants Asserting "Advice of Counsel" Defense, Feb 1, 2001
Source: FraudMail Alert No. 01-02-01
Authors: John T. Boese

White Collar Fraud: DOJ Announces Release of Important Prosecutorial Guidance, Jan 22, 2001
Source: FraudMail Alert No. 01-01-22
Authors: John T. Boese

Frog Leg Fraud: California Guilty Plea Puts Holiday Eaters on Notice of Potential Criminal Act, Dec 19, 2000
Source: FraudMail Alert No. 00-12-19
Authors: John T. Boese

Civil False Claims Act: Ninth Circuit Joins Other Circuits Holding that Government Intervention Does Not Render Public Disclosure Issues Moot, Oct 24, 2000
Source: FraudMail Alert No. 00-10-24
Authors: John T. Boese

Civil False Claims Act: District Court Holds that Qui Tam FCA Suits May Not be Brought Against a County Because FCA Damages are Punitive, Oct 17, 2000
Source: FraudMail Alert No. 00-10-17
Authors: John T. Boese

Civil False Claims Act: DOJ Reveals That It Has More Than Fifty Qui Tam Suits Based on Alleged Stark Law Violations Despite Delay in Implementing Regulations, Oct 12, 2000
Source: FraudMail Alert No. 00-10-12
Authors: John T. Boese

Civil False Claims Act: Massachusetts Enacts Expansive Qui Tam False Claims Law, Sep 21, 2000
Source: FraudMail Alert No. 00-09-21
Authors: John T. Boese

Civil False Claims Act: Two Appellate Courts Slated to Hear Important Constitutional Challenges to Qui Tam Enforcement of the FCA, Sep 14, 2000
Source: FraudMail Alert No. 00-09-14
Authors: John T. Boese

Civil False Claims Act: Court Orders Production of Internal Audits to Qui Tam Relator, Rejecting Self-Evaluative Privilege Claim, Sep 8, 2000
Source: FraudMail Alert No. 00-09-08
Authors: John T. Boese

Civil False Claims Act: Two More States Enact Their Own Qui Tam False Claims Laws; Other State False Claims Bills Languish, Aug 18, 2000
Source: FraudMail Alert No. 00-08-18
Authors: John T. Boese

Civil False Claims Act: Two More States Enact Their Own Qui Tam False Claims Laws; Other State False Claims Bills Languish, Aug 18, 2000
Source: GCA No. 00-8-18
Authors: John T. Boese

Civil False Claims Act: D.C. Circuit Rejects FCA Claims Based On Alleged Criminal Law Violations And The "Implied Certification" Theory, Jul 18, 2000
Source: GCA No. 00-7-18

Civil False Claims Act: D.C. Circuit Rejects FCA Claims Based on Alleged Criminal Law Violations and the "Implied Certification" Theory, Jul 18, 2000
Source: FraudMail Alert No. 00-07-18
Authors: John T. Boese

Civil False Claims Act: Sixth Circuit Affirms Summary Judgment for Defendant in Whistleblower Retaliation Claim, Emphasizing Need for Connection Between "Protected Activity" and Action "in Furtherance of" a Qui Tam Suit, Jul 14, 2000
Source: FraudMail Alert No. 00-07-14
Authors: John T. Boese

Civil False Claims Act: Supreme Court Rules that Relators Have Standing to Sue Under the FCA, But That States Are Not "Persons" Subject to Liability Under the False Claims Act, May 22, 2000
Source: FraudMail Alert No. 00-05-22
Authors: John T. Boese

Civil False Claims Act: Court Holds that Blameless Employer is Not Vicariously Liable for Non-Managerial Employee's Misconduct Under the FCA, May 19, 2000
Source: FraudMail Alert No. 00-05-19
Authors: John T. Boese

Civil False Claims Act: Second Circuit Harshly Criticizes DOJ for Using Forfeited Funds for DOJ Enforcement, Apr 20, 2000
Source: FraudMail Alert No. 00-04-20
Authors: John T. Boese

Civil False Claims Act: District Court Holds that "Last Overt Act" Rule Does Not Apply to Civil FCA Conspiracies, Mar 27, 2000
Source: FraudMail Alert No. 00-03-27
Authors: John T. Boese

Civil False Claims Act: Sixth Circuit Rules That Qui Tam Relators May Not Settle FCA Suits Over The Government's Objection, Mar 23, 2000
Source: FraudMail Alert No. 00-03-23
Authors: John T. Boese

Civil False Claims Act: Recent Case Reaffirms Need for "Materiality" for FCA Liability, Feb 23, 2000
Source: FraudMail Alert No. 00-02-23
Authors: John T. Boese

Civil False Claims Act: Ninth Circuit Court of Appeals Stays Qui Tam Appeals Pending Decision from Supreme Court on Qui Tam Constitutionality, Feb 11, 2000
Source: FraudMail Alert No. 00-02-11
Authors: John T. Boese

Civil False Claims Act: District Court Stays Qui Tam Case Pending Decision on Qui Tam Consitutionality, Feb 4, 2000
Source: FraudMail Alert No. 00-2-04
Authors: John T. Boese

Civil False Claims Act: Legislative Update: State and Local Governments Jump on the False Claims Act Bandwagon, Jan 24, 2000
Source: FraudMail Alert No. 00-01-24
Authors: John T. Boese

Civil False Claims Act: DOJ Publishes Final Rule Raising Civil FCA Penalty Range to $5,500 to $11,000 per Violation, Jan 18, 2000
Source: FraudMail Alert No. 00-01-18
Authors: John T. Boese

Civil False Claims Act: Holiday Cheer, Dec 23, 1999
Source: FraudMail Alert No. 99-12-23
Authors: John T. Boese

Civil False Claims Act: Fourth Circuit Rules that Parallel FCA Investigation Does Not Trump Regulations Governing Suspension of Government Payments, Dec 17, 1999
Source: FraudMail Alert No. 99-12-17
Authors: John T. Boese

Civil False Claims Act: Supreme Court Orders Briefing on Constitutionality of Qui Tam Enforcement, Nov 20, 1999
Source: FraudMail Alert No. 99-11-20
Authors: John T. Boese

Civil False Claims Act: Fifth Circuit Orders Rehearing En Banc of Decision Declaring Certain Qui Tam Suits Unconstitutional, Nov 18, 1999
Source: FraudMail Alert No. 99-11-18
Authors: John T. Boese

Civil False Claims Act: Fifth Circuit Panel Rules Qui Tam Enforcement to Be Unconstitutional, Nov 15, 1999
Source: FraudMail Alert No. 99-11-15
Authors: John T. Boese

Civil False Claims Act: Supreme Court Orders Briefing On Constitutionality Of Qui Tam Enforcement, Nov 2, 1999
Source: Flash Alert No. 99-11-2
Authors: John T. Boese

Fifth Circuit Panel Rules Qui Tam Enforcement To Be Unconstitutional, Nov 1, 1999
Source: Flash Alert No. 99-11-1
Authors: John T. Boese

Subpoena Compliance: Protection of Confidential Information Provided to Investigating Agencies, Oct 25, 1999
Source: FraudMail Alert No. 99-10-25
Authors: John T. Boese

Civil False Claims Act: Fifth Circuit Sets Time for Appeal and Precludes Discovery to Satisfy Rule 9(b), Oct 15, 1999
Source: FraudMail Alert No. 99-10-15
Authors: John T. Boese

Civil False Claims Act: Sixth Circuit Joins Eighth Circuit in Restricting Scope of Reverse False Claims, Sep 20, 1999
Source: FraudMail Alert No. 99-09-20
Authors: John T. Boese

Civil False Claims Act: Tenth Circuit Finds Grassley/Berman Letter to DOJ Unpersuasive, Sep 14, 1999
Source: FraudMail Alert No. 99-09-14
Authors: John T. Boese

Civil False Claims Act: Supreme Court Agrees to Hear Case Challenging FCA Suits Against State Entities, Jul 6, 1999
Source: FraudMail Alert No. 99-07-06
Authors: John T. Boese

Civil False Claims Act: Falsity Under 18 U.S.C. SEC. 1001: Sixth Circuit Holds That Literally True Certification Cannot Be A "False Statement", May 27, 1999
Source: FraudMail Alert No. 99-05-27
Authors: John T. Boese

Civil False Claims Act: D.C. and Fifth Circuit Dismiss FCA Cases Against State Entities, Apr 13, 1999
Source: FraudMail Alert No. 99-04-13
Authors: John T. Boese

Civil False Claims Act: FCA Litigation Issues Resurrected After Settlement, Feb 25, 1999
Source: FraudMail Alert No. 99-02-25
Authors: John T. Boese

Obstruction Of Justice: Recent Corporate Guilty Plea Relating To Faulty Document Production Reinforces Need For Careful Response To Subpoenas, Oct 14, 1998
Source: FraudMail Alert No. 98-10-14
Authors: John T. Boese

Civil False Claims Act: Eighth Circuit Issues Two Rulings Denying State Immunity From FCA Liability, Sep 9, 1998
Source: FraudMail Alert No. 98-9-9
Authors: John T. Boese

Civil False Claims Act: Supreme Court Decision Supports Argument That Excessive FCA Penalties Violate The Eigth Amendment, Jun 24, 1998
Source: FraudMail Alert No. 98-6-24
Authors: John T. Boese

Civil False Claims Act: New York Court Discusses Calculation of Attorneys' Fees And Costs in Qui Tam Case, Feb 6, 1998
Source: FraudMail Alert No. 98-2-06
Authors: John T. Boese

Civil False Claims Act: Supreme Court Decision in Hudson Ratifies Conclusion in Halper That Excessive FCA Penalties are Unconstitutional, Dec 12, 1997
Source: FraudMail Alert No. 97-12-12
Authors: John T. Boese

Civil False Claims Act: District Court in Ohio Dismisses Reverse False Claims Action Based On Customs Law For Failure To Show An "Obligation", Nov 14, 1997
Source: FraudMail Alert No. 97-11-14
Authors: John T. Boese

Qui Tam Enforcement: Federal District Court in Texas Holds Qui Tam Enforcement To Be Unconstitutional, Nov 6, 1997
Source: FraudMail Alert No. 97-11-06
Authors: John T. Boese

Civil False Claims Act: Fifth Circuit Reverses District Court Dismissal Of FCA Case Based On Anti-Kickback and Self-Referral Laws, Oct 28, 1997
Source: FraudMail Alert No. 97-10-28
Authors: John T. Boese

Civil False Claims Act: District Court Rules That False Claims Act Does Not Apply To States And State Entities, Sep 24, 1997
Source: FraudMail Alert No. 97-9-24
Authors: John T. Boese

Civil False Claims Act: The Pending Action And First To File Bars As A Limit On Qui Tam Litigation, Jul 21, 1997
Source: FraudMail Alert No. 97-7-21
Authors: John T. Boese

Civil False Claims Act: Fifth Circuit Allows Government Absolute Right To Block Qui Tam Settlement, Jul 7, 1997
Source: FraudMail Alert No. 97-7-7
Authors: John T. Boese

Civil False Claims Act: Ninth Circuit Reverses Leading Tax Court Decision on Tax Deductibility of False Claims Act Settlements, Jun 17, 1997
Source: FraudMail Alert No. 97-6-17
Authors: John T. Boese

Civil False Claims Act: Supreme Court Decides First False Claims Act Case in Ten Years, Jun 16, 1997
Source: FraudMail Alert No. 97-6-16
Authors: John T. Boese

Update of Civil False Claims Act and Qui Tam Cases, Jun 3, 1997
Source: FraudMail Alert No. 97-6-3
Authors: John T. Boese

FCPA Enforcement: SEC Steps Up Anti-Bribery Challenges, Mar 21, 1997
Source: FraudMail Alert No. 97-3-21
Authors: John T. Boese

Civil False Claims Act: Supreme Court Hears Argument in Schumer Case, Feb 25, 1997
Source: FraudMail Alert No. 97-2-25
Authors: John T. Boese

Civil False Claims Act: D.C. Circuit Follows Majority Interpretation of Term "Based Upon, " Creates New "Original Source" Rule., Jan 30, 1997
Source: FraudMail Alert No. 97-1-30
Authors: John T. Boese

Civil False Claims Act: District Court Decision Properly Limits "Reverse" False Claims to Existing Obligations, Dec 23, 1996
Source: FraudMail Alert No. 96-12-23
Authors: John T. Boese

Securities Fraud: Ninth Circuit Rules Outside Counsel "Aided and Abetted" Violations, Dec 20, 1996
Source: FraudMail Alert No. 96-12-20
Authors: John T. Boese

Investigatory Records Exception to FOIA: Firm Denied Access to Comments Made by Firm's Attorney During Securities and Exchange Commission Investigation, Nov 27, 1996
Source: FraudMail Alert No. 96-11-27
Authors: John T. Boese

Corporate Compliance Programs: Effective Programs May Protect Corporate Directors From Personal Liability, Nov 26, 1996
Source: GCA No. 96-11-26
Authors: Matt T. MorleyJohn T. Boese

Corporate Compliance Programs: Effective Programs May Protect Corporate Directors from Personal Liability, Nov 20, 1996
Source: BancMail No. 96-11-20

Corporate Compliance Programs: Effective Programs May Protect Corporate Directors from Personal Liability, Nov 19, 1996
Source: FraudMail Alert No. 96-11-19
Authors: John T. BoeseMatt T. Morley

Supreme Court Refuses to Hear Constitutional Issues, but Grants Certiorari to Resolve Circuit Conflicts on the Scope of "Public Disclosure" and the Requirement of Injury to the Public FISC, Oct 15, 1996
Source: FraudMail Alert No. 96-10-15
Authors: John T. Boese

Double Jeopardy: Seventh Circuit Finds "Civil" OSHA Fines to be "Punishment", Oct 1, 1996
Source: FraudMail Alert No. 96-10-1
Authors: John T. Boese

Qui Tam Constitutionality: Department of Justice Files Amicus Brief in Supreme Court Arguing Private Qui Tam Enforcement is Constitutional., Sep 26, 1996
Source: FraudMail Alert No. 96-9-26
Authors: John T. Boese

Whistleblower Retaliation Claim: Ninth, Tenth, and Eleventh Circuit Opinions Create Uncertain Standard for Liability Under Section 3730(h), Sep 16, 1996
Source: FraudMail Alert No. 96-9-16
Authors: John T. Boese

Civil False Claims Act: Ninth Circuit Rules that Three-Year Statute of Limitations Provision Applies to Qui Tam Relators, Aug 5, 1996
Source: FraudMail Alert No. 96-8-5
Authors: John T. Boese

Mistakes Are Not Fraud, Jun 21, 1996
Source: GCA No. 96-6-21
Authors: John T. BoeseShannon L. Haralson

Bills Introduced to Facilitate the Use, Sale and Export of Civil Encryption Technology, Mar 15, 1996
Source: 21st Century Banking Alert No. 96-3-15
Authors: Thomas P. Vartanian Robert H. Ledig David L. Ansell Jay R. Kraemer John T. Boese,

Civil False Claims Act: Environmental Violations Held to Support Reverse False Claims Act Violations., Feb 27, 1996
Source: FraudMail Alert No. 96-2-27
Authors: John T. BoeseJoel R. Feidelman

Health Care Fraud: District Court Reverses Itself, Allows civil False Claims Act Suit Against Health Care Defendant Based on Anti-Kickback Act without Allegation of Government Loss., Feb 24, 1996
Source: FraudMail Alert No. 96-2-24
Authors: John T. BoeseJoel R. Feidelman

Qui Tam: Res Judicata as a defense in Qui Tam Cases., Feb 23, 1996
Source: FraudMail Alert No. 96-2-23
Authors: John T. BoeseJoel R. Feidelman

Articles

Supreme Court to Determine Key Issue Under False Claims Act's Public Disclosure Bar, Oct 29, 2010
Source: Washington Legal Foundation

Authors: John T. Boese and Douglas W. Baruch

By Denying Certiorari in Duxbury and Hopper Supreme Court Maintains the Circuit Spilt Status Quo on Important Original Source and Rule 9(b) Questions, July/August 2010
Source: Financial Fraud Law Report
Authors: John T. Boese and Douglas W. Baruch

Health Care Behind Bars: The Use of Criminal Prosecutions in Forcing Corporate Compliance, October 2009
Source: American Health Lawyers Association: Journal of Health & Life Sciences Law
Authors: John T. Boese, Beth C. McClain and Benjamin Hernandez-Stern

Councils Issue Interim Recovery Act Regulations, Apr 8, 2009
Source: The Government Contractor
Authors: John T. Boese and James J. McCullough

Dramatic Changes to the False Claims Act are No Laughing Matter, February 2009
Source: Metropolitan Corporate Counsel
Authors: John T. Boese and Michael J. Anstett

Healthcare Entities that Provide Products and Services Under Contracts Subject to the FAR Must Now Make Mandatory Disclosure of Certain Overpayments or Legal Violations, Jan 6, 2009
Source: American Health Lawyers Association: Practice Group Email Alert
Authors: John T. Boese, James J. McCullough, Steven A. Alerding and Beth McClain

D.C. Circuit Rules On "Reckless Disregard" Under False Claims Act, Aug 22, 2008
Source: Legal Opinion Letter, Washington Legal Foundation
Authors: John T. Boese

New False Claims Law Incentives Pose Risks to Contractors and States, June 2006
Source: Washington Legal Foundation's Working Paper Series No. 139 (available athttp://www.wlf.org/upload/boesefinal.pdf)

Quietly Expanding Qui Tam: Federal Law Encourages New State False Claims Acts, Mar 10, 2006
Source: Legal Opinion Letter, Washington Legal Foundation
Authors: John T. Boese

Civil False Claims and Qui Tam Actions, Jan 1, 2006
Source: Aspen Law & Business
Authors: John T. Boese

Internal Investigations: Fourth Circuit Provides Useful Guidance on Employee Interviews and the Attorney-Client Privilege, December 2005
Source: Privacy & Data Security Law Journal

Court Limits False Claims Liability in Cases Invoking Federal Grantees, January 14, 2005
Source: Legal Backgrounder

Appeals Court Eases Liability Under False Claims Act, September/October 2003
Source: Assisted Housing Financial Management Insider

State False Claims Laws Pose New Challenges for Contractors, March 27, 2003
Source: Government Contract Litigation Reporter

State False Claims Laws Pose New Challenge for Contractors, December 20, 2002
Source: Legal Backgrounder (Washington Legal Foundation)

A Primer on Qui Tam Actions under the Civil False Claims Act, Fall 2001
Source: AT LA Docket

Corporate Crime: Corporations as Victims of Crime, July 5, 2001
Source: New York Law Journal

Qui Tam Appellants, Beware: With Second Circuit's Ruling, Courts Split on Timing Issue, Monday, June 25, 2001
Source: New York Law Journal

Court Finds False Claims Fines Subject to Constitutional Challenge, June 15, 2001
Source: Nursing Home Litigation Reporter, Vol. 3, No. 18, at 10

Court Finds False Claims Fines Subject to Constitutional Challenge, June 7, 2001
Source: Government Contract Litigation Reporter, Vol. 14 No. 23, at 13

Court Finds False Claims Fines Subject to Constitutional Challenge, April 6, 2001
Source: Counsel's Advisory (Washington Legal Foundation), Vol. 9, No. 4

The Civil False Claims Act: More Relevant Than You May Think, October 2000
Source: Director's Monthly

Can Substandard Medical Care Become Fraud? Understanding an Unfortunate Expansion of Liability Under the Civil False Claims Act, Summer 2000
Source: The Brief, Vol. 29, No. 4

Supreme Court Holds that False Claims Act Does Not Authorize Private Individual's Qui Tam Suit Against State, July 2000
Source: Federal Litigation Guide Reporter, Vol. 9, No. 7

False Claims Act: High Court's 'Vermont' Decision, June 12, 2000
Source: The National Law Journal

The False Claims Act and the Compliance Officer, May 22, 2000
Source: The National Law Journal

DOJ False Claims Act Tactics Implicated in Forfeiture Ruling, May 12, 2000
Source: Washington Legal Foundation Counsel's Advisory, Vol. 8, No. 6

Why Thompson Is Wrong: Misuse of the False Claims Act to Enforce the Anti-Kickback Act, Fall 1999
Source: Alabama Law Review, Vol. 51, No. 1

When Angry Patients Become Angry Prosecutors: Medical Necessity Determinations, Quality of Care and the Qui Tam Law, Spring 1999
Source: Saint Louis University Law Journal, Vol. 43, No 1

High Stakes Battle Rages: Scope of Civil False Claims Act Is Cause of Strife, November 8, 1999
Source: New York Law Journal

Year 2000 Compliance Checklist, September/October 1998
Source: Business Law Today

The DOJ's Alternative Approach to Resolving Civil Fraud Claims, February 1998
Source: Health Care Fraud and Abuse Newsletter, Vol. 1, No. 1

Private Enforcement of State Fraud Laws: A Comparative Analysis of State Qui Tam Provisions, Winter 1998
Source: Journal of Health and Hospital Law, Vol. 31, No. 1

Thompson Decision Could Increase Use of FCA to Enforce Health-Care Laws, December 3, 1997
Source: BNA's Health Care Fraud Report, Vol. 1, No. 23

Healthcare Exclusions: A Comprehensive Guide, 1997
Source: ABA Committee on Debarment and Suspension

Private Enforcement of State Fraud Laws: A Comparative Analysis of State Qui Tam Provisions, October 29, 1997
Source: Hawaii Justice Foundation

You Think You Know Discovery?, Fall 1997
Source: Litigation Docket

Potential Fines vs. Moneys Owed: Reversing a False Claims Trend, September 15, 1997
Source: Legal Times

Nuts and Bolts of a Corporate Compliance Program, April 1997
Source: First Annual Blue Cross and Blue Shield Compliance Program

Corporate Compliance Programs: Effective Programs May Protect Corporate Directors from Personal Liability, January 27, 1997
Source: White-Collar Crime Reporter

Supreme Court Decision in Qui Tam Case Will Affect Health Care Fraud Litigation, January 15, 1997
Source: BNA's Health Care Fraud Report, Vol. 1, No. 1

Qui Tam Case Will Affect Health Care Fraud Litigation, January 15, 1997
Source: 1 BNA Health Care Fraud Litigation

Ninth Circuit Rules that Three-Year Statute of Limitation Provisions Applies to Qui Tam, August 15, 1996
Source: Government Contract Litigation Reporter

Mistakes Are Not Fraud, June 17, 1996
Source: Legal Times

District Court Limits Expansion of Qui Tam, June 6, 1996
Source: Government Contract Litigation Reporter - Commentary

The Dark Side of Qui Tam Enforcement, Summer 1996
Source: Health Law Litigation, American Bar Association

Bills Introduced on Encryption Technology, May 1996
Source: Electronic Banking Law and Commerce Report Regulatory Alert

Courts Must Bar Qui Tam Suits by Government Employees, March 29, 1996
Source: Washington Legal Foundation, Vol. II, No. 12

The Civil False Claims Act and Health Care Fraud: Overview and Recent Developments on the Government's Principal Weapon, 1996
Source: ABA Health Care Fraud

Civil False Claims and Qui Tam Actions, Summer 1995
Source: Public Contract Law Journal, Vol. 24, No. 4

The New Florida False Claims Act: Florida Borrows a Powerful Federal Anti-Fraud Weapon, March 3, 1995
Source: Florida Business Journal

Health Care Fraud: An Overview and Recent Developments in Private and Public Enforcement Under the Civil False Claims Act, 1995
Source: ABA Health Care Fraud 1995, Part F-1

A Practitioner's Guide to Suspension and Debarment, August 1994
Source: ABA, Section of Public Contract Law, Committee on Deferment and Suspension

Suspension and Debarment: A Primer for the 1990's, June 1994
Source: 4 Acquisition Issues 6

Commentary, Government Contracts Update-The New Anti-Fraud Statutes Do More than Increase the Penalties, 1994
Source: Department of Justice Manual, 9-42.420A, 1994-3 Supplement

Avoiding Obstruction in Litigating a Qui Tam Suit, 1993
Source: Practising Law Institute

Whistleblower Protection Under 31 U.S.C. Section 3730(h), 1993
Source: Practising Law Institute

Health Care Fraud: An Overview of Civil Fraud Actions by Federal and Qui Tam Plaintiffs, 1993
Source: ABA Health Care Fraud 1993, 2, S

Health Care Fraud: The Role of the Government in Qui Tam Litigation, 1993
Source: ABA Health Care Fraud, 2, V

Fraud and Abuse: The Civil False Claims Act and Health Care Fraud, February 1992
Source: 9 HealthSpan 2

The Civil False Claims Act: Five Years of a Potent Weapon Against Government Fraud, November/December 1991
Source: 5 White Collar Crime Reporter

Books

Civil False Claims and Qui Tam Actions, 3rd ed. Supp. 2006
Source: Aspen Publishers - Law & Business Authors: John T. Boese

Civil False Claims and Qui Tam Actions, 2nd ed. Supp. 2003-2
Source: Aspen Law & Business

A Primer on Access to Federal Government Document and Information Under the Freedom of Information Act, the Privacy Act, and Civil Discovery, November 1995
Source: Fried, Frank, Harris, Shriver & Jacobson

News

News Releases

Civil False Claims and Qui Tam Actions, Jan 1, 2006

Fried Frank Attorney Provides Commentary on NYC False Claims Act, Nov 8, 2004

Fried Frank Partner James McCullough Recognized as Leading Government Contracts Lawyer By Legal Times, Nov 1, 2004

Accolades

Washingtonian recognizes six Fried Frank attorneys as "Washington's Best Lawyers", Nov 28, 2011

Washingtonian, Recognizes Seven Fried Frank Partners as "Top Lawyers", Dec 1, 2009

Washingtonian - Washington's Best Lawyers, Nov 30, 2007

Media Mentions

Washingtonian recognizes six Fried Frank attorneys as "Washington's Best Lawyers", Nov 28, 2011

John T. Boese speaks with Bloomberg about state data and document confidentiality issues in federal whistleblower cases, Feb 18, 2011

John T. Boese's participation as a panelist at seminar on "Ethical Considerations for Whistleblowers" is noted by Compliance Week, Dec 13, 2010

John T. Boese speaks with Bloomberg about False Claims Act suits, Aug 5, 2010

John T. Boese speaks with the Baltimore Sun about a federal whistleblower lawsuit, Jul 18, 2010

John T. Boese speaks with American Lawyer, about the False Claims Act, Jun 1, 2010

John T. Boese speaks to Bloomberg about whistleblower lawsuits, May 13, 2010

John T. Boese speaks with National Law Journal, about a decision from the U.S. Supreme Court limiting whistleblower suits, Apr 1, 2010

John T. Boese quoted in Daily Journal about the effect of an executive order on qui tam lawsuits, Nov 25, 2009

John Boese comments on the new FCA amendments in Corporate Counsel, Aug 1, 2009

John Boese is quoted in AmLaw Daily on a False Claims Act case before the Supreme Court, Jun 24, 2009

The Government Contractor quotes John T. Boese about the first oversight report issued by the special inspector general for TARP., Feb 11, 2009

The Government Contractor quotes John Boese in an article titled "Grassley Presses Government To Use FCA To Fight Economic Stabilization Act Fraud", Nov 25, 2008

The New York Law Journal quotes John Boese regarding new bills proposing changes to the False Claims Act, Aug 14, 2008

The Government Contractor, quotes John Boese on the False Claims Corrections Act, Jul 30, 2008

BNA's Medicare Report quotes Washington, DC litigation partner John Boese on the Supreme Court's decision in Allison Engine Co. v. United States, Jun 13, 2008

Washington, DC litigation partner John Boese's testimony in front of the Senate Judiciary Committee against the new legislation revising the False Claims Act is quoted in Modern Healthcare., Mar 3, 2008

DC litigation partner John Boese comments on the Senate Judiciary Committee hearing considering legislation to update the federal False Claims Act in The Washington Post., Feb 26, 2008

LegalTimes quotes DC litigation partner John Boese on the Senate Judiciary hearing to update the False Claims Act., Feb 25, 2008

The BNA Medical Report quotes John Boese on the Sixth Circuit's decision in Allison Engine Co. v. United States ex rel. Sanders., Jan 25, 2008

Fried Frank partners make Washingtonian's list of best lawyers., Dec 1, 2007

John Boese Featured in National Law Journal, Article on Supreme Court Case Related to the False Claims Act, Nov 27, 2006

John Boese Quoted in ABA Journal, on State False Claims Acts, Oct 1, 2006

John Boese Quoted in Drug Industry Daily on State Qui Tam Programs, Aug 23, 2006

John Boese and Beth McClain Comment for Drug Industry Daily, on Legislation Impacting State False Claims Acts, May 1, 2006

Washington Litigation Partner John Boese Quoted in Modern Healthcare, Discussing Whistle-Blower Provisions of New Budget Bill, Dec 5, 2005

Client's Merrill Lynch & Co. and Deutsche Bank noted for Canadian retailer Jean Coutu Group's acquisition of Eckerd drugstores, as Investment Dealers' Digest, "Retail/Deal of the Year" for 2004, Jan 17, 2005

Partners James McCullough and John Boese quoted, BNA Federal Contracts Report, "Special Report", Aug 17, 2004

Events

Upcoming Events

Speaking Engagements

Civil False Claims Act and Qui Tam Enforcement 2012, Jun 8, 2012

American University's Health Law and Policy Institute, Jun 18, 2012

Past Events

22nd Annual National Institute on Health Care Fraud, May 10, 2012

Speaking Engagements

Lecture on the False Claims Act, Mar 26, 2012

Teaching at University of Alabama Law School, Feb 20, 2012

25th Anniversary Celebration of the 1986 Amendments to the False Claims, Jan 31, 2012

False Claims Act and Qui Tam Provisions: New Developments You Must Know, Nov 30, 2011

Life Sciences Qui Tam & False Claims Litigation, Jun 22, 2011

American University's Health Care Law Boot Camp, Jun 20, 2011

The 21st Annual National Institute on Health Care Fraud, May 12, 2011

Whistleblower Seminar, May 10, 2011

ABA's 2011 Section of Litigation & Criminal Justice Section Annual CLE Conference, Apr 13, 2011

HCCA Compliance Institute, Apr 10, 2011

Lecture on the False Claims Act, Mar 21, 2011

Ethical Considerations for Whistleblowers, Mar 10, 2011

Ethical Considerations in the New Era of Whistleblower Claims Under Dodd-Frank and Other Statutes, Dec 9, 2010

Federal False Claims Act, Jul 20, 2010

Fundamentals of the Civil False Claims Act and Qui Tam Enforcement, Jun 2, 2010

False Claims Act Enforcement: Understanding the Legal Landscape, May 5, 2010

Basics of the FCA, Apr 18, 2010

Ethical Issues in FCA Litigation, Apr 8, 2010

Private and Public Efforts to Regulate Business Through Litigation and Enforcement Actions, Oct 8, 2009

False Claims Act Amendments of 2009: Effect on Fraud Investigations and FCA Litigation, Aug 12, 2009

Litigating FCA Cases: Recent Decisions and Developments, Jul 1, 2009

Litigating FCA Cases: Recent Decisions and Developments, Jun 30, 2009

FCA Bootcamp, Jun 16, 2009

Amendments to the False Claims Act, May 27, 2009

Whistleblowers and Subtle Retribution - Is the Concept of Whistleblower Protection Illusory?, May 8, 2009

Theories of Liability, Defenses, and Damages under the False Claims Act (Moderator), Apr 26, 2009

Multi-Jurisdictional Qui Tam Practice, Mar 5, 2009

Georgia Bar Association FCA Panel, Dec 18, 2008

False Claims Act & Proposed Amendments: An Update, Nov 19, 2008

NAMFCU Conference, Sep 11, 2008

Recent Developments in FCA Enforcement against Healthcare Providers, May 14, 2008

Introduction to the False Claims Act, Apr 15, 2008

Recent Developments in False Claims Act Litigation, Mar 4, 2008

Using ADR to Resolve Civil False Claims Act and Qui Tam Actions, Nov 27, 2007

ABA ADR Committee Panel on Use of ADR in Civil False Claims Act Cases, Nov 27, 2007

ABA Procurement Fraud Committee (Panel on FCA Amendments), Nov 14, 2007

Fundamentals and Recent Developments of Civil False Claims Act and Qui Tam Litigation, Oct 31, 2007

Federal False Claims Act Developments, May 16, 2007

The U.S. Supreme Court Rockwell Decision: What it Means for Health Care False Claims Act Whistleblower Actions, May 3, 2007

Theories of Liability and Defenses Under the False Claims Act, Apr 22, 2007

21st Annual National Institute on White Collar Crime: False Claims Act and Qui Tam Litigation, Mar 1, 2007

Use of Administrative Agreements in Resolving Debarment Cases, Jan 19, 2007

Fighting Health Care Fraud, Oct 18, 2006

False Claims Act Development-Federal and State, Sep 8, 2006

False Claims Act Investigations and Litigation: Practical Strategies and Perspectives, Jun 27, 2006

Fundamentals of the Civil False Claims Act and Qui Tam Enforcement,, Jun 14, 2006

Federal and State/False Claims Act Developments, May 18, 2006

Incentivizing Whistleblower Litigation: Ramifications for Health Care Contractors as False Claims Laws Spread in the States, Apr 27, 2006

Recent Developments in False Claims Act and Qui Tam Litigation, Mar 2, 2006

False Claims Act/Qui Tam Developments, May 18, 2005

19th Annual National Institute on White Collar Crime 2005, Mar 3, 2005

Civil False Claims Act and OMB Circular A-76 Developments, Oct 20, 2004

Current Cutting Edge Issues in False Claims Act Litigation, Oct 19, 2004

The Use of ADR to Resolve Civil False Claims, Aug 8, 2004

Fundamentals of the Civil False Claims Act and Qui Tam Enforcement, Jun 14, 2004

Qui Tam/False Claims Act Developments, May 12, 2004

Litigating Qui Tam cases, Mar 4, 2004

Moderator, Qui Tam/False Claims Act Developments, May 14, 2003

Moderator, The False Claims Act and Qui Tam Litigation, Apr 10, 2003

The Changing Face of Acquisition in the Federal Marketplace, Mar 17, 2003

Company Internal Investigations and Voluntary Disclosures, Mar 17, 2003

White Collar Crime 2003, Mar 7, 2003

The Fourth Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Jan 29, 2003

Qui Tam Litigation in the Energy Arena, Nov 7, 2002

The Sherman Act Meets False Claims: The Intersection of Antitrust & Qui Tam, Oct 2, 2002

Panel Discussion Program: Recent Development under the Civil False Claims Act, Aug 11, 2002

Overview of Recent Significant Qui Tam Cases, Jun 12, 2002

Qui Tam/False Claims Act Developments, May 15, 2002

Qui Tam/False Claims Act Developments, May 5, 2002

False Claims Act Recent Developments, Mar 1, 2002

Litigating a Qui Tam Case, Feb 28, 2002

How to Avoid and Defend Against Whistleblower Lawsuits, Feb 26, 2002

Fundamentals of the Civil False Claims Act and Qui Tam Enforcement, Nov 30, 2001

The Past, Present, and Future of Qui Tam Enforcement in the Health Care Industry, Nov 8, 2001

Healthcare Issues, Mar 22, 2001

Impact of Fraud Prosecutions on New and Changing Regulatory Developments -- the OIG 2001 Workplan, Mar 15, 2001

Qui Tam Today Whistle While You Earn, Mar 8, 2001

Current Legal Issues Under the FCA, Mar 1, 2001

Operating and Transactional Issues, Jan 14, 2001

Uneasy Tension -- Government Investigation and Provider Concerns, Jan 13, 2001

Current Developments in Enforcement, Dec 5, 2000

Teaming Agreements: The Good, The Bad and The Ugly, Nov 14, 2000

Healthcare Fraud and Abuse: Compliance and Enforcement and Recent Developments under the False Claims Act, Nov 2, 2000

Qui Tam False Claims Act Developments, May 4, 2000

How to Avoid Violating the False Claims Act...and Paying Triple Fines, May 4, 2000

Rights in Technical Data & Computer Software, Apr 11, 2000

Preparing a False Claims Act Case from the Defendant's Point of View, Feb 28, 2000

Fundamentals of the Civil False Claims Act and Qui Tam Enforcement, Feb 12, 2000

Legal Ethics and Best Practices, Nov 12, 1999

Update on the Federal False Claims Act--Doing Well or Doing Too Well?, Aug 6, 1999

Qui Tam Litigation in Health Care Cases: The Defense Perspective, Feb 25, 1999

Civil False Claims Act/Public Disclosure and Original Source Provisions, Feb 11, 1999

Basics of the Civil False Claims Act and Qui Tam Actions, Jan 10, 1999

Civil False Claims Act and Qui Tam Actions, Nov 19, 1998

Qui Tam and False Claims Actions in Healthcare Fraud, Oct 22, 1998

Qui Tam Enforcement of the False Claims Act in the Oil & Gas Industry, Oct 8, 1998

Crime and Medicine: Today and Tomorrow (Getting Ready for the 21st Century), Aug 3, 1998

Recent Developments in the Law of Qui Tam and the Civil False Claims Act and the Civil False Claims Act and Qui Tam Enforcement: Were the 1986 Amendments Good Public Policy and Is Further Amendment Necessary?, Aug 1, 1998

Medical Necessity, False Claims and Managed Care, Apr 3, 1998

Enforcement Initiatives at the Private Level: Qui Tam Law, Apr 2, 1998

Healthcare Fraud and Compliance Practices, Apr 2, 1998

The Civil False Claims Act and Qui Tam Actions, Mar 13, 1998

Civil False Claims & Qui Tam Actions, Jan 23, 1998

Anatomy of a Civil False Claims Act Case, Oct 30, 1997

Nuts and Bolts of a Corporate Compliance Program, Apr 1, 1997

Webinars

Financial Services Task Force Webinar Series: Overview of FERA Section 4, Dec 18, 2009

 
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CIVIL FALSE CLAIMS ACT: D.C. Circuit Reinforces SAIC Decision in False Certification Case, Rejecting FCA Damages Claim in Case Based on Lack of Supporting Documentation
Douglas W. Baruch,John T. Boese, May 25, 2012
In late 2010, the United States Court of Appeals for the D.C. Circuit issued a seminal decision rejecting the government’s damages theory in a civil False Claims Act “false certification” case. In United States v. Science Applications International Corp. (“SAIC”),...

CIVIL FALSE CLAIMS ACT: Court Applies Contra Proferentem Doctrine against the Government in an FCA Case Based on an Ambiguous Contract Provision
Douglas W. Baruch,John T. Boese, February 13, 2012
In order to resolve the "falsity" element in many False Claims Act ("FCA") cases, courts often must grapple with the meaning of the contractual or regulatory term alleged to have been violated. The issue often is presented for court resolution when the FCA defendant argues that...

CIVIL FALSE CLAIMS ACT: Remarks at Justice Department Celebration of 25th Anniversary of 1986 Amendments
John T. Boese, February 8, 2012
On Tuesday, January 31, 2012, the Department of Justice held a celebration commemorating the 25th anniversary of the 1986 amendments to the civil False Claims Act. Attorney General Eric Holder, Assistant Attorney General (Civil) Tony West, Senator Patrick Leahy, and Congressman Howard Berman each...



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Office Information

John T. Boese
Fried, Frank, Harris, Shriver &
Jacobson LLP

801 17th Street, N.W.
Washington, DC 20006




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