On February 22, the Department of Justice (DOJ) released its annual report of civil fraud recoveries for FY2023, along with a press release highlighting DOJ’s civil enforcement efforts.
Inside the False Claims Act
Inside the False Claims Act, published by Bass, Berry & Sims PLC, focuses on legal developments and enforcement trends related to the False Claims Act (FCA). The blog covers topics such as healthcare fraud, procurement fraud, government investigations, whistleblower litigation, and regulatory compliance. It provides analysis of significant FCA settlements, court rulings, and government enforcement initiatives, including issues involving Medicare, Medicaid, and federal contracting. The blog also addresses related statutes like the Anti-Kickback Statute and the Eliminating Kickbacks in Recovery Act, offering insights into risk mitigation and defense strategies for companies and healthcare providers subject to FCA scrutiny.
Latest from Inside the False Claims Act - Page 10
District Court Finds that $487 Million False Claims Act Judgment Violates Eighth Amendment
On February 8, the U.S. District Court for the District of Minnesota ruled that a $487 million False Claims Act (FCA) damages award entered last year against Precision Lens and its co-founder violated the Eighth Amendment’s prohibition on excessive fines…
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Second Circuit Rejects Insufficient Service-of-Process Argument, Adopts Relator-Friendly Rule
On November 28, the U.S. Court of Appeals for the Second Circuit held that the service-of-process clock for a False Claims Act (FCA) qui tam complaint begins to run when the district court orders the complaint to be served, not…
False Claims Act Decisions to Know from Q3 2023
Below are noteworthy False Claims Act (FCA) decisions from the third quarter of 2023.…
False Claims Act Case Unsealed Against Cerebral, Showing Continued Scrutiny of Telehealth Prescriptions
A qui tam False Claims Act (FCA) complaint was recently unsealed against Cerebral, a telehealth startup that provides virtual mental-health therapy, in the U.S. District Court for the Northern District of Iowa. …
District Courts Wrestle with Causation in Kickback Cases While Circuit Courts Remain Divided
Two Massachusetts federal district courts recently addressed—and disagreed about—an important False Claims Act (FCA) issue that has also divided the federal circuit courts: when an alleged FCA violation is based on an underlying violation of the Anti-Kickback Statute (AKS), what…
FCA Risk for Private Equity Investment in Healthcare for Mergers & Acquisitions Magazine
We contributed an article addressing the mounting risks faced by private equity (PE) firms investing in the healthcare industry in the July/August 2023 issue of Mergers & Acquisitions Magazine. In the article, we delved into the complexities of this highly-regulated…

