A Welcome Change in the Expert Witness Provisions of the Federal Rules of Civil Procedure
On December 1, 2010, several changes to the Federal Rules of Civil Procedure became effective. While most of the changes were of a technical nature, the changes to the expert witness discovery provisions were truly needed. Federal Rule of Civil Procedure […]
Harry Markopolos Book Review: No One Would Listen
Harry Markopolos Book Review: No One Would Listen “No One Would Listen” is the story of a great American named Harry Markopolos. In case any of my readers have been on the moon for the last two years, here […]
Government recognition of the vital role of the qui tam whistleblower in False Claims Act litigation….
Previously, I have mentioned that government sources seem to be less shy about recognizing the vital contribution of qui tam relators to the fight against fraud. I am referring specifically to the publicity efforts of law enforcement authorities.
Proving an objective falsehood is the key to success under the FCA
One of the keys to a successful qui tam practice is the ability to sort through potential cases and pick only the winners. This is true of any contingency fee practice, but it is even more important in the FCA context. This is because unlike other types of contingency work, most of the work on a qui tam must be done prior to filing. So what does a qui tam lawyer look for? One crucial element to the success of any case is the need for an “objective falsehood.”
New York Attorney General Andrew Cuomo Settles False Claims Act Case Against School Lunch Providers
Expert bank robber Willie Sutton was once asked “Why do you rob banks?” His answer was profound in its simplicity: “Because that’s where the money is.” The same might be asked about fraud on the government. Why do people do it? […]
Lynchburg Executive Indicted for 124 Counts of Fraud on the Government
A Lynchburg grand jury indicted Donna Beeler-Hensley, vice president at Sterling Oil Company, with 124 counts of fraud on the government today. You can get the full scoop at the Lynchburg News-Advance here. She is accused of misusing public assistance […]
Virginia Attorney General Ken Cuccinelli Breaks New Ground Yet Again with the September Issue of the Medicaid Fraud Control Unit Newsletter
I am pleased to announce that Virginia Attorney General Ken Cuccinelli and his award-winning Medicaid Fraud Control Unit have again broken new ground in their efforts to protect Virginia’s taxpayers and root out fraud, waste, and abuse in our state […]
ACLU Challenge to the federal False Claims Act
Tomorrow, the Fourth Circuit Court of Appeals will hear argument in ACLU v. Mukasey otherwise known as the ACLU’s efforts to challenge the seal provisions of the Federal False Claims Act. As regular readers know, the […]
Overpayments to Government Contractors
What happens when a government contractor receives an overpayment from the government? The simple fact is that overpayments by the government are commonplace in the healthcare and defense procurement contexts.
Pick your own title: “Former UVa Scientist Michael Mann is Proven Correct, and Human Activity Really is Causing the Earth to Warm” or “Virginia Circuit Court Judge Sets Aside Portions of Civil Investigative Demand”
Maybe the dual titles are a lousy attempt at humor–but as I often tell my clients, the jokes are for me, the rest is for you. Yesterday, the news broke that the Circuit Court for Albemarle County had set aside […]