False Claims Act Practice in Virginia

The Washington State False Claims Act Legislative Battle Continues…

              Washington State False Claims Act legislative battle continues… I wanted to update readers on another legislative battle, this time in Washington state. The Washington False Claims Act, has been introduced by state Sen. Adam Kline as […]

Important Considerations for Settlement in a Virginia Fraud Against Taxpayers Act case

As I have said many times, there is no practice area quite as complicated as false claims act litigation under either the federal False Claims Act or the Virginia Fraud Against Taxpayers Act (or for that matter under any of […]

Two Major–and Historic–Events in the Past Seven Days…

In the last seven days, two major historic events occurred.  Although very few Virginians paid attention or cared, we will all notice the benefit bestowed on our Commonwealth by these two events…On Saturday, March 26th, Governor Bob McDonnell signed groundbreaking amendments to […]

U.S. Court of Appeals for the Fourth Circuit Issues Opinion in ACLU et al. v. Eric H. Holder, et al.

After several months of waiting, today the Fourth Circuit issued its 

The Washington Post misses the mark on doctor self-referrals, but they should still get points for trying…

Recently, the Washington Post featured an editorial applauding Maryland’s 18
year old statute banning physician self-referrals and encouraging other states to follow Maryland’s example. Sadly, the WaPo editorial misses the mark, although they do get points
for trying.

WaPo misses the mark because if they were going to take up an esoteric–but important–subject, physician self-referrals should not have been the number one thing on the list. It would have
been far more helpful if they had directed their efforts towards the passage of a Maryland False Claims Act …

Still the “Rocket Docket” after all these years…

It seems the U.S. District Court for the Eastern District of Virginia is still far and away the speediest venue available among the 94 U.S. District Court in the country according to
report issued by the United States Courts. 

The report covers the 12 calendar months ending Sept. 30, 2010. During that time frame 2,067 cases were filed in the Eastern District of Virginia, which by my rough estimate puts the court in the
top 10 nationwide in terms of volume. …

The Supreme Court of Virginia Grants Appeal in Cuccinelli v. UVa

Yesterday, SCOVA announced that it had granted the Attorney General’s appeal  from a ruling quashing
the AG”s civil investigative demand to the University of Virginia. As readers are aware, the Order was entered by Judge Peatross in the Circuit Court of Albemarle County.

The following are the assignments of error:

  1. The circuit court erred in setting aside the CIDs based on the ground that the Attorney General lacked a “reason to believe” that UVa. may be in possession, custody, or control …

The New and Improved Virginia Fraud Against Taxpayers Act is “Enrolled” And Sent to the Governor!


As of yesterday, March 3, 2011, SB1262 was “enrolled” by the Virginia General Assembly! 

An enrolled bill is the final printed version of the bill as passed by the House of Delegates and the Senate, signed by the Speaker of the House and the President of the Senate (the Lieutenant
Governor) and transmitted to the Governor for his signature.

I also have a correction to make. Earlier, I had reported that Illinois was …

Stephen Kohn blogs about the ACLU lawsuit attacking the seal provisions of the federal False Claims Act

Last month the Whistleblowers Protection Blog did an excellent post following up on the ACLU’s attack on the federal False Claims Act.  After the District Court’s dismissal of the ACLU’s lawsuit, the ACLU appealed the matter to the Fourth Circuit Court […]

The Virginia Fraud Against Taxpayers Act is Amended to Match the Federal False Claims Act!

Last night, the both Houses of the Virginia General Assembly passed the most important piece of legislation in the 2011 legislative session–that is, the Virginia Fraud Against Taxpayers Act was updated and amended to match the Federal False Claims Act!  […]