False Claims Act and Qui Tam Archives

Can a violation of Good Manufacturing Practices give rise to False Claims Act Liability?

Good Manufacturing Practices and False Claims Act Liability Yes, and indeed drug manufacturer Ranbaxy pleaded guilty to seven felonies related to Good Manufacturing Practices violations … Continued

What is the public disclosure bar in the False Claims Act?

False Claims Act Public Disclosure Bar The public disclosure bar prohibits a qui tam relator from bringing a False Claims Act lawsuit based on … Continued

What is the first-to-file bar in False Claims Act qui tam cases?

False Claims Act First-to-File Bar The first-to-file bar prohibits a whistleblower from bringing suit based on a fraud already disclosed through identified public channels, … Continued

What is the requirement to file a False Claims Act qui tam action under seal?

Filing a False Claims Act Qui Tam Case Under Seal The False Claims Act requires that a qui tam action must be filed under seal … Continued

What is the statute of limitations for a False Claims Act qui tam action?

False Claims Act Statute of Limitations The statute of limitations for a qui tam action is the longer of 1) six years from when the … Continued

What is the purpose of the False Claims Act whistleblower protection provision?

False Claims Act Whistleblower Protection The whistleblower protection provision of the False Claims Act encourages private citizens to act as whistleblowers when they suspect … Continued

What is materiality under the False Claims Act?

The False Claims Act (FCA) defines “material” as “having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.” 31 U.S.C. § 3729(b)(4).

What is “Scienter” Under the False Claims Act?

Scienter Under the False Claims Act Does Not Require Proof of Specific Intent An ordinary breach of a government contract caused by an honest mistake ordinarily … Continued

Is a Violation of the Anti-Kickback Law Also a Violation of the False Claims Act?

Stark Act Violations or Kickbacks Can Violate the False Claims Act Both the Stark Act and the Anti-Kickback Act prohibit a health care provider from … Continued

Does the False Claims Act Prohibit Bid Rigging?

Bid rigging can violate the False Claims Act (FCA) under a fraudulent inducement theory. In a seminal FCA case, electrical contractors entered into a collusive … Continued

Does the False Claims Act Prohibit Fraudulent Inducement of a Contract?

Where a defendant causes a contract to be procured by fraud, all claims for payment made under that contract are deemed false for purposes of the False Claims Act, even if the claims do not themselves contain a false statement.

What types of false claims are prohibited by the False Claims Act?

False Claims Prohibited by the False Claims Act The False Claims Act permits whistleblowers, also known as qui tam relators to recover damages on behalf of … Continued

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