A 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
Waiver Isn’t What it Used to Be: Ninth Circuit Decision Turns Tried and True Doctrine Upside Down
On 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
“Fellas, I need 11,000 votes. Give me a break.” – President Trump’s efforts to influence Georgia election raise specter of criminal consequences.
Amid 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
Despite Promises to the Contrary, Enforcement Against Nursing Homes Has Fallen Short—When It’s Been Needed the Most
Several 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
The Ohio Ethics Law: A Weapon Against Public Corruption
It seems that every corner of Ohio has seen a high-profile federal public corruption prosecution in recent years. So much so that some may not know that Ohio has its own statutory scheme to hold wayward public officials accountable: the Ohio Ethics Law.
What Is It?
The Ohio Ethics Law, which was enacted in 1974,
United States v. Goodwin: Federal Healthcare Conspiracy is Alive and Well in the Eighth Circuit
On 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
Regulations on Reopening: Avoiding Government Scrutiny and Mitigating Potential Prosecution Risk
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,
Avoiding Liability For Hoarding and Price Gouging During the COVID-19 Pandemic
Federal 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
Efforts to Combat COVID-19 Price Gouging Ramp Up
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
Increased Attention to COVID-19 Price Gouging from State and Federal Authorities Could Lead to Stiff Civil and Criminal Penalties
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