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False Claims Act Defense

False Claims Act Update, October 2011

[11/01/11]

Posted on November 1, 2011 in False Claims Act Defense

Written by: David B. Honig

A case based upon FOIA documents may be subject to the public disclosure bar. A difference of scientific judgment does not create the basis for an FCA suit. Whistleblowers who wish to dismiss their suits after the Government refuses intervention may not hide their identity from the defendants, even if the defendant is their... READ MORE

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UPDATED – Retention of Overpayments under FERA and the ACA

[01/06/11]

Posted on January 6, 2011 in False Claims Act Defense

Written by: David B. Honig

The Fraud Enforcement Recovery Act of 2009 (“FERA”) was enacted on May 20, 2009. Among other things, FERA significantly amended the False Claims Act (“FCA”) to make it easier for whistleblowers to bring claims against Medicare and Medicaid providers and other government contractors. It also created an entirely new type of “false claim,” improper... READ MORE

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