Whistleblower Watch

Whistleblower Watch

Reports and Analysis of Developments in Whistleblower Law

Tag Archives: False Claims Act (FCA)

Rise in FCA Penalties Could Incentivize More Whistleblower Suits

Posted in Department of Justice (DOJ), False Claims Act (FCA)
On June 30, 2016, the Department Of Justice, published an interim final rule nearly doubling the penalty range for violations under the civil False Claims Act (FCA).  The current range is $5,550-$11,000 for each false claim, but under the new rule the penalty for each false claim would be no less than $10,781 and not… Continue Reading

FCA Whistleblowers’ Increasing Reliance on “Tainted Claim” Damages Theory

Posted in False Claims Act (FCA)
In a “Feature Comment” published in The Government Contractor, Crowell & Moring attorneys explore how False Claims Act (FCA) plaintiffs are taking an increasingly aggressive posi­tion on how damages should be calculated—i.e., that the Government is entitled to three times the amount of the total contract value, regardless of any value actually received, because the claim for… Continue Reading

Supreme Court Hears Arguments on FCA Implied Certification Theory

Posted in False Claims Act (FCA)
The Supreme Court heard arguments today in Universal Health Services, Inc. v. United States ex rel. Escobar, a False Claims Act (FCA) case with potentially far-reaching consequences for whistleblowers, healthcare providers, government contractors, and all companies and institutions that receive federal dollars.  There are two questions before the Court: (1) whether the “implied certification” theory… Continue Reading

No Escaping (Legislative) History

Posted in False Claims Act (FCA)
Last month, in Gierer v. Rehab Medical, the U.S. District Court for the Eastern District of Missouri granted the defendant’s motion to dismiss the portions of the whistleblower’s complaint that alleged punitive damages against her former employer pursuant to her § 3730(h) FCA retaliation claim. Courts have routinely held that Congress did not intend for… Continue Reading

United States v. AseraCare: A Look at the First (and Perhaps Last) Bifurcated FCA Trial

Posted in False Claims Act (FCA)
“False Claims Act cases have been particularly hot in 2015.”  So reads the first line of Judge Karen Bowdre’s order granting a new trial in United States v. AseraCare Inc., No. 2:12-CV-245-KOB (N.D. Ala. Nov. 3, 2015).  If 2015 has been a “hot” year for FCA cases, then AseraCare—and its unprecedented procedural twists—is undoubtedly one… Continue Reading

FCA Claim Dismissed Because Whistleblower Not the “Original Source” of Pricing Information

Posted in False Claims Act (FCA)
The Third Circuit recently affirmed a ruling that the False Claims Act’s (FCA) “original source rule” is not satisfied if a whistleblowing relator merely compiles publically available information. In U.S. ex rel. Morgan v. Express Scripts, Inc., the court affirmed the dismissal of a whistleblower’s FCA allegations because the relator was not an original source… Continue Reading

Fourth Circuit Revives FCA Retaliation Claims Based on Triple Canopy Principles

Posted in False Claims Act (FCA), Whistleblower Retaliation
On Thursday, the Fourth Circuit issued an unpublished opinion in Young v. CHS Middle East that reversed and remanded the dismissal of two whistleblowers’ False Claims Act (FCA) retaliation claims against a U.S. Department of State civilian medical services subcontractor. The reversal was based in part on the Fourth Circuit’s recent adoption of the “implied certification”… Continue Reading