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Apr 18, 2024 | 
jdsupra.com | Meredith Auten |Rebecca Hillyer
The US Department of Justice’s (DOJ’s) COVID-19 Fraud Enforcement Task Force (CFETF) released a report on April 9 summarizing its efforts to identify, investigate, and prosecute fraud related to COVID-19 relief programs.
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Apr 17, 2024 | 
morganlewis.com | Meredith Auten |Rebecca Hillyer
The US Department of Justice’s (DOJ’s) COVID-19 Fraud Enforcement Task Force (CFETF) released a report on April 9 summarizing its efforts to identify, investigate, and prosecute fraud related to COVID-19 relief programs.
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Mar 15, 2024 | 
jdsupra.com | Meredith Auten |Rebecca Hillyer |Steven Strauss
Recent Paycheck Protection Program (PPP) enforcement trends suggest that the US Department of Justice (DOJ) has begun focusing on False Claims Act (FCA) enforcement actions centered on PPP applicants’ technical compliance with more complex PPP rules and regulations. This is a shift from the DOJ’s prior PPP enforcement focus on combatting less technical, more clear examples of alleged fraud.
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Mar 14, 2024 | 
morganlewis.com | Rebecca Hillyer |Meredith Auten |Steven Strauss
Recent Paycheck Protection Program (PPP) enforcement trends suggest that the US Department of Justice (DOJ) has begun focusing on False Claims Act (FCA) enforcement actions centered on PPP applicants’ technical compliance with more complex PPP rules and regulations. This is a shift from the DOJ’s prior PPP enforcement focus on combatting less technical, more clear examples of alleged fraud.
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Mar 5, 2024 | 
jdsupra.com | Meredith Auten |Ryan McCarthy |Eric W. Sitarchuk
A recent decision by a federal district court affirmed the ability of defendants in False Claims Act actions brought by qui tam relators to assert counterclaims against relators. The court’s opinion highlights the opportunity for defendants to hold relators accountable for a range of misconduct, including unauthorized retention and disclosure of confidential corporate documents, and emphasizes that such claims are fair game in False Claims Act litigation under the right circumstances.
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Feb 26, 2024 | 
jdsupra.com | Meredith Auten |Jacob Harper |Kathleen McDermott
The US Department of Justice (DOJ) Civil Division released its annual fraud statistics on February 22, highlighted by False Claims Act (FCA) settlements and judgments exceeding $2.68 billion in fiscal year 2023. DOJ released these annual fraud statistics, detailing its wins in the prior fiscal year, in conjunction with remarks delivered by DOJ Principal Deputy Assistant Attorney General Brian Boynton at the Federal Bar Association Qui Tam Section Conference.
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Feb 23, 2024 | 
morganlewis.com | Jacob Harper |Kathleen McDermott |Scott Memmott |Meredith Auten
The US Department of Justice (DOJ) Civil Division released its annual fraud statistics on February 22, highlighted by False Claims Act (FCA) settlements and judgments exceeding $2.68 billion in fiscal year 2023. DOJ released these annual fraud statistics, detailing its wins in the prior fiscal year, in conjunction with remarks delivered by DOJ Principal Deputy Assistant Attorney General Brian Boynton at the Federal Bar Association Qui Tam Section Conference.
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Jun 5, 2023 | 
jdsupra.com | Meredith Auten |Douglas W. Baruch |Ryan Mccarthy |Ryan McCarthy
The United States Supreme Court held on June 1 that the False Claims Act’s (FCA) scienter element requires analysis of the defendant’s subjective intent at the time of the alleged false claim, and that a defendant can be liable even if the underlying statute or rule is ambiguous and can be reasonably interpreted to allow the defendant’s conduct. In United States ex rel. Schutte v. SuperValu, 598 U.S. ____ (2023), and the companion case United States ex rel. Proctor v.
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Apr 20, 2023 | 
jdsupra.com | Meredith Auten |Douglas W. Baruch |Ryan Mccarthy |Ryan McCarthy
The US Supreme Court heard oral arguments on April 18 in United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway Inc., companion cases that raise the important question of whether, under the False Claims Act, a defendant’s subjective intent is relevant where the conduct is consistent with an objectively reasonable interpretation of the relevant standard and the government issued no authoritative guidance countering that interpretation.
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Jan 18, 2023 | 
jdsupra.com | Meredith Auten |Ryan Mccarthy |Eric W. Sitarchuk |Ryan McCarthy
In what could be the most significant development for False Claims Act (FCA) jurisprudence since Universal Health Services v. United States ex rel. Escobar, on January 13, 2023, the US Supreme Court agreed to consider whether a defendant that relied on an objectively reasonable interpretation of an ambiguous law acts “knowingly” in violation of the False Claims Act. FCA’S SCIENTER STANDARDThe FCA is a federal statute that was enacted in 1863 to redress defense contractor fraud during the Civil War.
