Tagged: false claims act

The CARES Act and DOJ Prosecution of Fraud

When Congress enacts massive financial relief legislation, one inevitable result is fraud, waste and abuse.  Going back to the financial crisis in 2008, DOJ had a trove of criminal fraud and civil fraud cases under the False Claims Act. With the passage of the CARES Act, you can count on DOJ ramping up criminal and civil fraud prosecutions, especially under the False Claims Act.  The...

False Claims Act 2019 Year in Review

Jessica Sanderson, Of Counsel at The Volkov Law Group rejoins us for her annual review of False Claims Act enforcement. Jessica can be reached at jsanderson@volkovlaw.com. 2020 marks the 150th anniversary of the Department of Justice (“DOJ”), and it unwrapped a nice gift: On January 9, 2020, DOJ released its Fraud Statistics showing that it obtained more than $3 billion under the False Claims Act...

Episode 124 — False Claims Act 2019 Review

The Justice Department continues to aggressively pursue False Claims Act cases.  In 2019, DOJ recovered over $3 billion from healthcare, defense and financial companies.  The heath care sector — pharmaceutical, medical device, hospitals and healthcare providers — continues to be the primary focus of False Claims Act cases.  Qui tam relators initiate a significant percentage of all False Claims Act cases. In this episode, Michael Volkov...

Episode 115 — Review of Recent Healthcare Fraud Enforcement Actions

The Justice Department has aggressively continued to pursue False Claims Act prosecutions against healthcare companies and physicians.  By the mid-point of 2019, DOJ had collected over $800 million against pharmaceutical and healthcare professionals.  In the last few months, DOJ has brought several significant prosecutions. In this Episode, Michael Volkov reviews recent healthcare fraud enforcement cases.

Avanir Pharmaceuticals Pays More than $108 Million to Settle Kickback Violations

Just to repeat myself – pharmaceutical and medical device firms face extraordinary risks of enforcement under the False Claims Act.  While everyone likes to write and focus on FCPA or anti-corruption risks for global drug and device firms, a relative risk analysis is likely to reveal that False Claims Act risks significantly outweigh FCPA risks (not to diminish FCPA risks, but relatively speaking). As an...

DOJ Collects Millions in Two High-Profile False Claims Act Cases

Companies that depend on federal funding (e.g. healthcare, government contractors and university researchers) face significant risks for False Claims Act prosecutions.  Relying on pro-government False Claims Act statutes, potential whistleblowers can earn enormous judgments by filing private actions under seal, and seeking federal government intervention in the matter, to prosecute False Claims Act violations.  In those cases where the federal government agrees to intervene, the...

Episode 75 — 2018 False Claims Act Review

The Justice Department reported its 2018 fraud statistics showing $2.8 billion in recoveries under the False Claims Act.  While this number is staggering, fiscal year 2018 recoveries were down from than $500 million from fiscal year 2017.  Nonetheless, companies in the healthcare, defense and financial industries continue to face significant False Claims Act risks. In this episode, Michael Volkov interviews Jessica Sanderson, Of Counsel, at...

False Claims Act 2018 Year in Review – Making Sense of the DOJ Fraud Statistics

Jessica Sanderson, Of Counsel, The Volkov Law Group, joins us for her initial posting on the False Claims Act. Jessica can be reached at jsanderson@volkovlaw.com. On December 21, 2018, the Department of Justice (“DOJ”) released its Fraud statistics showing $2.8 billion recovery under the False Claims Act (“FCA”) for 2018.[1] While this number is staggering, fiscal year 2018 FCA recoveries were down more than ½...

Webinar: The False Claims Act — Enforcement Risks and Compliance Trends

Webinar: The False Claims Act — Enforcement Risks and Compliance Trends Tuesday, October 10, 2018 Sign Up Here Companies in the defense and healthcare industries face significant risks from False Claims Act prosecutions and litigation. The Justice Department has an impressive record of annual recoveries totaling over $2 billion. A vibrant whistleblower community and legal practitioners create significant risks for companies in these industries. To...

Episode 52 — The False Claims Act and Healthcare Fraud

The federal government continues to push aggressive False Claims Act enforcement cases against healthcare companies, including hospitals, skilled nursing facilities, hospices and other healthcare providers.  The Justice Department has employed the False Claims Act to target companies in the opioid industry as a response to the opioid crisis in our country. Healthcare companies have to implement effective ethics and compliance controls to protect against fraud...