False Claims Act (FCA)

waitingAt the onset of the COVID-19 pandemic—and thus nearly a year and a half ago—the federal government implemented a massive stimulus program to prop up the economy.  A key component of that stimulus was the Paycheck Protection Program (PPP).  The PPP allowed businesses to obtain forgivable loans to be used for payroll and related expenses;

nursing homeOn June 22, 2021, the Office of the Inspector General for the U.S. Department of Health and Human Services (OIG-HHS) released a comprehensive report on the impact of COVID-19 on Medicare beneficiaries residing in nursing homes for 2020.  While the results may not be surprising, they are still disturbing.  Overall, the report paints a tragic

Price GougingIn early March 2020, at the outset of the COVID-19 pandemic, former Attorney General William Barr instructed federal prosecutors to prioritize the “detection, investigation and prosecution of all criminal conduct related to the current pandemic.”  His memos from the early days of the pandemic made it clear that COVID-19 related wrongdoing would be a top

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

Department of JusticeThe U.S. Department of Justice (DOJ) announced its first civil settlement under the False Claims Act (FCA) against a Paycheck Protection Program (“PPP”)  borrower. This likely marks the beginning of a new trend of civil enforcement cases under the FCA, separate from criminal cases, against PPP recipients. (See prior post here discussing recent criminal prosecutions.)

Department of JusticeRecoveries and settlements in False Claims Act (FCA) cases by the U.S. Department of Justice (DOJ) have accelerated in recent months and appear to be poised to rise dramatically as DOJ follows spending related to the pandemic recovery and federal stimulus efforts and bring additional resources to bear. Thus far in FY 2020 (which closes

FraudOn March 20, 2020, the Attorney General ordered the Department of Justice (“DOJ”) to prioritize oversight, investigation, and prosecution of misuse of federal funds distributed in response to the COVID-19 pandemic.[1] Now, almost six months later, the DOJ continues to examine instances of “COVID-19 Fraud” for possible civil or criminal prosecution. The DOJ’s prioritization

moneyThe federal government has been handing out billions of dollars in stimulus money to individuals and companies. These funds have helped businesses survive the COVID-19 pandemic by providing them with low or no-cost liquidity when they are not permitted to operate as they would normally. But stimulus money, like all government money, is a double-edged