Caroline Donovan

1 month ago | mondaq.com | Caroline Donovan |David Lazarus |Yoni Bard |Jasmine Brown

We kick off our annual Year in Preview series with acomprehensive look at health care fraud enforcement in 2025. Thispost proceeds in three parts. First, we explore what the secondTrump administration might bring, looking at enforcement metricsfrom Trump's first presidency while examining the priorities wemight expect from the current nominees to key health care agencies.

2 months ago | mondaq.com | Caroline Donovan |David Lazarus |Yoni Bard

This is the sixth in our 2025 Year in Preview seriesexamining important trends in white collar law and investigationsin the coming year. We will be posting further installments in theseries throughout the next several weeks. Our previous post,"Year in Preview: Review of and Insights into Investigationsby the 119th Congress" can be found here. The Attorney General and key Department of Justice leadershipare now in place and appear to have hit the ground running.

2 months ago | mondaq.com | Caroline Donovan |David Lazarus |Jack SMith |Jack Smith

Key Takeaways:The First Circuit joined the Sixth and Eighth Circuits inholding that for a violation of the Anti-Kickback Statute (AKS) toautomatically trigger False Claims Act (FCA) liability, the AKSviolation must be the "but-for" cause of the submittedclaim. Direct FCA liability for AKS violations in the First Circuitwill now require proof that the alleged false claims would not havebeen paid for by the federal government absent the allegedkickback.

2 months ago | jdsupra.com | Caroline Donovan |David Lazarus |Anthony D. Mirenda |Jack SMith |Jack Smith

Key Takeaways: The First Circuit joined the Sixth and Eighth Circuits in holding that for a violation of the Anti-Kickback Statute (AKS) to automatically trigger False Claims Act (FCA) liability, the AKS violation must be the “but-for” cause of the submitted claim. Direct FCA liability for AKS violations in the First Circuit will now require proof that the alleged false claims would not have been paid for by the federal government absent the alleged kickback.