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Documents on White Collar Crime, Education, Government
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|Major Development: CFPB and U.S. Attorney Collaborate to Bring Federal Criminal Charges Against Debt Relief Company, Principal and Employees|
David N. Anthony, Scott Kelly, John S. West, Alan D. Wingfield; Troutman Sanders LLP;
May 10, 2013, previously published on May 8, 2013In an unprecedented move, the Consumer Financial Protection Bureau (CFPB) announced on May 7, 2013, that it has made a criminal referral to the United States Attorney for the Southern District of New York. U.S. Attorney Preet Bharara, in conjunction with the CFPB’s announcement of its own...
|Seventh Circuit Court of Appeals Rejects Justice Department’s “Gross Trebling” Approach in Calculating Damages in False Claims Act Cases|
J. Gregory Deis, Frank M. Dickerson, William Michael; Mayer Brown LLP;
April 30, 2013, previously published on April 29, 2013The 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). In a setback for the US Department of Justice (DOJ), the...
|False Claims Actions Based on Kickbacks|
Berger Montague P.C.;
April 15, 2013The federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), ("AKS") arose out of congressional concern that payments or things of value provided to those who can influence healthcare decisions would result in goods and services being provided that are medically unnecessary, of poor...
|Increased Government Scrutiny of Physician-Owned Device Distributorships|
Duane Morris LLP;
April 6, 2013, previously published on April 3, 2013On March 26, 2013, the Office of Inspector General of the U.S. Department of Health and Human Services (OIG) increased its scrutiny of and pressure on physician-owned entities (particularly medical device distributorships) by issuance of a Special Fraud Alert. Although there is nothing specifically...
|False Claims Actions Based Upon Contracts Procured By Fraud|
Berger Montague P.C.;
April 5, 2013The False Claims Act is intended to restore money to the Government that was taken from it by fraud. With that purpose in mind, courts have found that the Act can apply to contracts or benefits that were originally obtained through a false statement or fraudulent conduct. United States ex rel....
|Federal False Claims Act Lawyers and Qui Tam Attorneys|
Berger Montague P.C.;
April 5, 2013The Federal False Claims Act (FCA) is the primary weapon in combating fraud against the federal government. The FCA covers fraudulent claims made against any federal agency, program, contract, or grant. Many states have similar laws to protect themselves against fraud. Under the FCA,...
|OIG Issues Warning to Hospitals and Other Providers In Special Fraud Alert on Physician-Owned Distributorships for Implantable Medical Devices|
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
April 4, 2013, previously published on April 1, 2013On March 26, 2013, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services issued a Special Fraud Alert on Physician-Owned Entities. In the introduction, the OIG provided that this Special Fraud Alert addresses physician-owned entities (i.e., referred to as...
|A Simple Step to Ensure Your Company is not Exporting to Iran|
Daniel J. Collins; Drinker Biddle & Reath LLP;
April 3, 2013, previously published on April 3, 2013Ask most executives or compliance officers if their companies are exporting to Iran or other sanctioned countries, and the answer is "of course not." Unfortunately, we know that this is not always the case. There is a long list of employees (and companies for that matter) who have been...
|Feds Announce $26.1 Million Historic Settlement of False Claims Act Allegations against Florida Dermatologist|
Jennifer Dowdell Armstraong, Richard H. Blake, Bruce E. Reinhart; McDonald Hopkins LLC;
March 28, 2013, previously published on March 26, 2013In a case involving one of the largest individual Medicare fraud settlements ever, a Tampa area dermatologist has agreed to pay $26.1 million and is being excluded from all federal health care programs. In what the Department of Justice describes as a “watershed achievement” in...
|Court Upholds Executive’s Conviction Stemming from Off-Label Drug Promotion|
Christopher R. Hall, Gregory G. Schwab; Saul Ewing LLP;
March 27, 2013, previously published on March 2013The U.S. Court of Appeals for the Ninth Circuit has upheld the wire fraud and misbranding convictions and sentence of InterMune Inc. founder W. Scott Harkonen. United States v. Harkonen, No. 11-10209 (9th Cir. March 4, 2013). That decision, while based on different circumstances than the landmark...