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? […]
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.
Virginia Qui Tam Law.com blog subscriptions are now available on your Kindle
I am pleased to announce that Virginia Qui Tam Law is now published in a Kindle edition , so the blog feeds are available from Amazon.com for those of you who own a Kindle. I recently purchased a Kindle myself, and I have […]
Hearing to be held on UVa’s challenge to the OAG’s civil investigative demand this Friday, August 20, 2010, at 2:00 PM
As regular readers know, this Friday, the Circuit Court for Albermarle County is set to hear argument on the University of Virginia’s motion to quash Attorney General Ken Cuccinelli’s civil investigative demand pursuant to Virginia Code 8.01-216.7(D). The strategy […]
Regarding liability under the Federal False Claims Act and the Virginia Fraud Against Taxpayers Act–its the “Sneaking Around” that gets you into trouble
The standards for liability under the FCA and the VFATA are quite different from under other causes of action. This blog post focuses on one of my personal favorite FCA opinions:
Young-Montenay, Inc. v. United States, 15 F.3d 1040 (Fed. Cir. 1994).
If anyone were to assemble a case book of important decisions delineating the principles of the Federal False Claims Act, Young-Montenay would be at the very top of the list. Why?
Because I do …
A refreshed look at the pleading standards for Complaints….and Affirmative Defenses
Everyone knows by now that the U.S. Supreme Court has recently spoken on the topic of the pleading standards of Fed. R. Civ. P. 8 and instituted a “plausibility” pleading standard in the case of Bell Atlantic Corp. v. Twombly, […]