This site is designed to provide a one-stop overview of qui tam and the latest qui tam related news.This blog is about qui tam, a lawsuit brought under the False Claims Act by a private plaintiff on behalf of the Federal or State Government (rather than by the Government itself). The False Claims Act was originally enacted by Congress in 1863, as a response to widespread abuses by government contractors against the Union Army during the Civil War. The qui tam provisions are now used widely and this blog is intended to keep readers up to date with all qui tam related news and to provide commentary when warranted. This blog also contains an array of laws and regulations concerning qui tam set out in an easy to read format.
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U.S. Department of Justice and Qui Tam Attorneys Celebrate the 25th Anniversary of the Modern False Claims Act
Recently, Nolan & Auerbach, P.A. partners and nearly three hundred government and qui tam attorneys gathered at the United States Department of Justice, in Washington, D.C., to celebrate the twenty-fifth anniversary of the modern False Claims Act. This celebration included presentations by...
In 2009, after two decades of divergent readings of the False Claims Act’s statute of limitations provision, Congress considered adopting a straightforward 10-year statute of limitations period for all False Claims Act actions. Unfortunately, this amendment was removed from the legislation before...
When Congress enacted the first-to-file bar, within the False Claims Act, 31 U.S.C. 3730(b)(5), it provided for jurisdiction only to the first qui tam action to raise specific allegations. In doing so, Congress sought to preclude a flood of duplicitous lawsuits. Unfortunately, some courts have...
Oftentimes, qui tam relators first raise their concerns publicly. However, whether it is on the public pulpit or up the chain of command of a dishonest employer, their voices are, too often, tuned out to the detriment of the public fisc. Thankfully, federal and state False Claims Acts provide a...
HHS-OIG posted an interactive map providing a state-by-state view of the health care dollars recovered from Medicaid fraudsters. An accompanying chart provided a more in-depth peek behind the $1.84 billion recovered in 2010. Of particular note, less than 2,000 Medicaid Fraud Control Unit (MFCU)...
Oftentimes, medical device companies will tout the longevity and reliability of their products. To further seal the deal, companies will tag on an extensive warranty, promising generous credits and rebates should their devices need repair or replacement. However, if a company inappropriately skirts...
While the pharmaceutical industry is slowly starting to appreciate the legal and regulatory constraints to illegal off-label promotions, the medical device industry still appears light years away from fully embracing ethical marketing practices. A prime example of the industry’s wayward behavior is...
The FDA recently touted figures from its Bad Ad Campaign, a campaign designed to encourage doctors, patients and sales professionals to report misleading advertising and promotions in the healthcare industry. The 328 reports submitted over the last year are three times as many as the average of 104...
Oftentimes, when people describe the typical whistleblower, they paint a picture of a dissatisfied employee who stands up to his or her wayward employer. While this is certainly true in a lot of False Claims Act cases, there is no requirement that the whistleblower be an employee or a so-called...
Faced with a split among the federal circuits, the U.S. Supreme Court recently decided to broadly read a key term of the False Claims Act’s public disclosure bar, constructing additional headaches, largely for whistleblowers with cases based on conduct years ago. Unless a whistleblower can...