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FraudA federal district court has rejected a novel attempt to impose False Claims Act (FCA) liability for Medicare billings based on a theory that the underlying purchase of the home healthcare agency submitting those billings was allegedly tainted by fraud.  The court’s decision delimits the scope of fraud that will support an FCA claim and

courthouseOn Monday, April 12, 2021, the Ninth Circuit Court of Appeals released its opinion in United States v. Ghanem, Case No. 19-50278. Ghanem, an international arms dealer, was convicted in the Central District of California for violation of a statute prohibiting dealing in surface-to-air missiles.

However, this was not the offense for which Ghanem

GeorgiaAmid the seemingly endless stream of news that underlies America’s currently tumultuous political climate, you would be forgiven for missing (or simply forgetting) the fact that President Trump may have a serious Georgia problem.  No, we are not merely referring to the results of the recent Presidential and Senate runoff elections, which demonstrated a momentous

nursing homeSeveral months into the COVID-19 pandemic that has gripped the United States, it is well established that hotbeds for spread of the disease are nursing homes and other assisted living facilities. Tight quarters holding vulnerable populations is precisely the kind of environment in which the novel coronavirus thrives. That fact is made all the worse

courthouse and moneyOn September 4, 2020, the Eighth Circuit affirmed Reuben Goodwin’s conviction for his role in a Medicare/Medicaid kickback scheme. Goodwin’s conviction was supported by evidence of his knowledge of the conspiracy and willful participation in the conspiracy. The Eighth Circuit’s decision serves to remind everyone the risks a conspiracy charge pose to even a potentially

The nation is slowly reopening. Businesses showcase signs that proudly announce “OPEN” in bright neon letters. But the legal landscape is different from the pre-COVID-19 days, and businesses should be aware of the inherent risks involved with re-opening and take the utmost care to ensure employee and customer safety to avoid or minimize government intrusion,

Price GougingFederal and state authorities are creatively using the Defense Production Act (“DPA”), state anti-price gouging and consumer protection statutes, and antitrust laws to go after alleged price gougers and hoarders. This article, the final in our series on anti-hoarding and price gouging enforcement efforts, takes a look at various ways businesses can avoid liability.

The

As the COVID-19 pandemic worsens, public pressure has led to increased efforts to investigate and punish those engaging in hoarding and price gouging of essential items across the country.

The Authorities and Civil Plaintiffs Have Relied on Creative Means to Target Perceived Price Gouging

On March 24, 2020, United States Attorney General William P. Barr

We’ve been closely monitoring the legal landscape to see how law enforcement is pursuing companies and individuals for profiteering during the current pandemic. This article is the second in a series of articles exploring the heightened focus on COVID-19-related hoarding and price gouging. So far through the pandemic, federal and state authorities have primarily relied