Tagged: false claims act

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...

Federal Enforcement and the Opioid Epidemic (Part IV of IV)

The scope of our country’s opioid epidemic is devastating.  From 1999 to 2017, more than 700,000 people have died from a drug overdose.  Two-thirds of these deaths involved an opioid.  On average, 195 Americans dies every day from an opioid overdose.  These numbers are tragic and mind-boggling. In response, federal enforcement efforts have primarily focused on criminal prosecutions, but there have also been significant civil...

Rolling Along with False Claims Act Enforcement Actions (Part III of IV)

Despite the controversial impact of the Supreme Court’s Escobar decision, the Justice Department’s False Claims Act prosecutions and settlements are continuing at a consistent rate – heading towards another multi-billion dollar year of FCA recoveries. Some examples of these prosecutions and settlements will demonstrate my overall point – FCA risks are significant and healthcare providers, especially hospitals, have to devote time and attention to oversight...

The Supreme Court’s Escobar Decision and the Impact on False Claims Act Cases (Part I of IV)

This week I am running a series of posts on healthcare fraud enforcement and the False Claims Act. With all the controversy swirling around the Mueller investigation and prosecutions, the Justice Department continues its aggressive pursuit of healthcare fraud.  The Justice Department’s machinery and resources are producing a steady stream of False Claims Act cases and settlements. Just like other enforcement areas, companies in the...