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Articles by Brad Robertson
Mojolicious-Plugin-BasicAuthPlus-1.0
To install Mojolicious::Plugin::BasicAuthPlus, copy and paste the appropriate command in to your terminal. cpanm cpanm Mojolicious::Plugin::BasicAuthPlus CPAN shell perl -MCPAN -e shell install Mojolicious::Plugin::BasicAuthPlus For more information on module installation, please visit the detailed CPAN module installation guide.
Government False Claims Recoveries Reach Record High, But Relators See Less Money | JD Supra
The Department of Justice announced Friday that it obtained more than $6.8 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending September 30, 2025 (FY 2025). This is the largest total in a single year in FCA history, easily surpassing the $6.1 billion obtained in 2014. Both recoveries and the number of new cases filed were up in FY 2025. Continuing the trend from the last several years, relators filed more qui tam cases than ever before.
11th Circuit Oral Argument Focuses on History While Considering the FCA’s Constitutionality | JD Supra
On Friday, the Eleventh Circuit heard oral arguments in United States ex rel. Zafirov v. Florida Medical Associates, LLC regarding the constitutionality of the qui tam provisions in the False Claims Act, which allow private persons, known as relators, to file civil enforcement actions for violations of the FCA.
Eleventh Circuit Further Clarifies its “Reliable Indicia” Pleading Standard Under the False Claims Act | JD Supra
It has long been the law of the Eleventh Circuit that, under the False Claims Act (FCA) and Federal Rule of Civil Procedure 9(b), a relator must provide sufficient “indicia of reliability … to support the allegation of an actual false claim for payment being made to the government.” U.S. ex rel. Clausen v. Laboratory Corp., 290 F.3d 1301, 1311 (11th Cir. 2002). To do so, a relator may either allege details of specific false claims, see U.S. ex rel. Atkins v. McInteer, 470 F.3d 1350, 1358 (11th Cir.
The False Claims Act in 2024: A Government Enforcement Update | JD Supra
This past year, the False Claims Act (FCA) continued to be a key tool for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department secured 558 FCA settlements and judgments and collected $2.9 billion in fiscal year 2024. Whistleblowers were responsible for 979 qui tam suits — a record number — and collected over $400 million for filing actions to expose fraud and false claims.
More Whistleblower Suits Filed Than Ever Before: The False Claims Act in 2024
As in recent years, the False Claims Act (FCA) continued to serve as a tool utilized by the federal government against government contractors in 2024. The government collected more than $2.9 billion as a result of 558 FCA settlements and judgments.
Whistle While You Work: Whistleblowers File More False Claims Act Suits in 2024 Than Ever Before
Individual employees helped the government secure another successful year in False Claims Act (FCA) litigation, as both plaintiffs (whistleblowers) and individual defendants. The government collected more than $2.9 billion in FCA settlements and judgments. Of that, over $2.4 billion arose from qui tam suits. Over 970 qui tam suits were filed in 2024 — the highest number in a single year — and the government paid out over $400 million to individual whistleblower plaintiffs.
Looking Back at the False Claims Act in 2024 as the Government Keeps its Sights on Cybersecurity in 2025 | JD Supra
In 2024, the government and whistleblowers were party to 558 settlements and judgments collecting over $2.9 billion. The government continued its effort to combat cybersecurity threats through its Civil Cyber-Fraud Initiative, which is dedicated to using the FCA to ensure that federal contractors and grantees are compliant with cybersecurity requirements.
More Whistleblower Suits Filed Than Ever Before: The False Claims Act in 2024 | JD Supra
As in recent years, the False Claims Act (FCA) continued to serve as a tool utilized by the federal government against government contractors in 2024. The government collected more than $2.9 billion as a result of 558 FCA settlements and judgments.
The False Claims Act in 2024: A Year in Review | JD Supra
In 2024, the government and whistleblowers were party to 558 False Claims Act (FCA) settlements and judgments, just slightly fewer cases than last year’s record. As a result, collections under the FCA exceeded $2.9 billion, confirming that the FCA remains one of the government’s most important tools to root out fraud, safeguard government programs, and ensure that public funds are used appropriately.
Whistle While You Work: Whistleblowers File More False Claims Act Suits in 2024 Than Ever Before | JD Supra
Individual employees helped the government secure another successful year in False Claims Act (FCA) litigation, as both plaintiffs (whistleblowers) and individual defendants. The government collected more than $2.9 billion in FCA settlements and judgments. Of that, over $2.4 billion arose from qui tam suits. Over 970 qui tam suits were filed in 2024 — the highest number in a single year — and the government paid out over $400 million to individual whistleblower plaintiffs.
2024 False Claims Act Statistics Show More Cases Filed Than Ever Before | JD Supra
The Justice Department released its annual False Claims Act statistics on Wednesday, January 15, detailing the number of cases filed, recoveries made, and relators’ shares awarded in fiscal year 2024. The government recovered $2.9 billion dollars in 2024, with 57% of that total coming from healthcare cases, 3% from defense spending cases, and the remainder from other actions.
Department of Labor Proposes Rule on Valuing Stock for ESOP Stock Purchase and Sale Transactions
On January 16, 2025, the Employee Benefits Security Administration (EBSA) at the Department of Labor (DOL) released drafts of long-awaited proposed regulations seeking to clarify the definition of “adequate consideration” as set forth in Section 3(18)(B) of ERISA and a proposed class exemption from certain prohibited transaction restrictions in connection with an employee stock ownership plan’s (ESOP) initial acquisition of privately held employer stock from a selling shareholder.
Navigating Tariff Threats Under the Trump Administration, Challenges Ahead for the EV and Battery Supply Chain
As President-elect Donald Trump prepares to assume office on January 20, numerous tariff proposals have already been put forward that could significantly impact the electric vehicle (EV) and battery supply chain industry. Differentiating between the potential for immediate tariff actions and those requiring more time to implement is critical for companies that are in preparation of such actions.
250 Whistleblower Tips: DOJ Official Discusses New Programs with Incentives for Dropping a Dime on Corporate Crime | JD Supra
On December 6, 2024, Principal Associate Deputy Attorney General Marshall Miller provided an update on the Justice Department’s (DOJ) corporate criminal enforcement efforts during his keynote address at the Practicing Law Institute’s White Collar Crime 2024 Program.
Whistleblower Language in Separation Agreements Results in Large Settlements with SEC | JD Supra
On September 9, 2024, the Securities and Exchange Commission (SEC) announced settlements with seven public companies relating to their use of separation agreements that the SEC says violate whistleblower protection rules by preventing the employees from claiming any monetary reward for future whistleblowing. The companies agreed to pay over $3 million combined to settle the SEC’s allegations.
Government Contractors Beware: DOJ Pursuing Cybersecurity Failures Under the False Claims Act | JD Supra
The U.S. Department of Justice (DOJ) filed its first major complaint-in-intervention under the False Claims Act (FCA) premised on a government contractor’s alleged cybersecurity deficiencies since the DOJ’s Civil Cyber-Fraud Initiative was launched in 2021. Its complaint accuses the Georgia Institute of Technology (Georgia Tech) of violating cybersecurity regulations while fulfilling $31 million of federal contracts for, ironically, cybersecurity research.
Government Contractors Beware: DOJ Pursuing Cybersecurity Failures Under the False Claims Act
The U.S. Department of Justice (DOJ) filed its first major complaint-in-intervention under the False Claims Act (FCA) premised on a government contractor’s alleged cybersecurity deficiencies since the DOJ’s Civil Cyber-Fraud Initiative was launched in 2021. Its complaint accuses the Georgia Institute of Technology (Georgia Tech) of violating cybersecurity regulations while fulfilling $31 million of federal contracts for, ironically, cybersecurity research.
Government Contractors Beware: DOJ Pursuing Cybersecurity Failures Under the False Claims Act
The U.S. Department of Justice (DOJ) filed its first major complaint-in-intervention under the False Claims Act (FCA) premised on a government contractor’s alleged cybersecurity deficiencies since the DOJ’s Civil Cyber-Fraud Initiative was launched in 2021. Its complaint accuses the Georgia Institute of Technology (Georgia Tech) of violating cybersecurity regulations while fulfilling $31 million of federal contracts for, ironically, cybersecurity research.
DOJ Implements New Whistleblower Reward Program
Companies who submit healthcare claims to private payors, provide financial services to customers, interact with domestic or foreign public officials, or otherwise operate in highly regulated industries should take note that the Department of Justice (DOJ) has taken another significant step in its ongoing effort to encourage new whistleblowers with information about potential corporate criminal malfeasance to report that information to the government.
The Overturn of Chevron: A New Design for Healthcare Law | JD Supra
On June 28, 2024, SCOTUS overturned the long-standing Chevron doctrine in its decision Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The Court’s ruling will have a significant impact on industries regulated by federal agencies, which historically have issued “guidance” interpreting the statutes, rules, and regulations they administer.
The False Claims Act in 2023: A Government Enforcement Update | JD Supra
This past year, the False Claims Act (FCA) continued to be a key tool for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department secured 543 FCA settlements and judgments — a record number — and collected over $2.68 billion. Whistleblowers filed 712 qui tam suits in 2023 and collected over $349 million for filing actions to expose fraud and false claims.
Healthcare Preview for the Week of: November 12, 2023
WILL THE GOVERNMENT SHUT DOWN AT THE END OF THIS WEEK? We have reached the final work week during which Congress will need to come to an agreement on funding the government or enter a shutdown.
Biden AI Order
Skip to main content October 31, 2023 Volume XIII, Number 304 Legal Analysis. Expertly Written. Quickly Found. Trending News Biden AI Order Enables Agencies to Address Key Risks Print Mail Download i On October 30, 2023, U.S. President Biden issued an Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence.
The Haunting in the Cornfield: Relators’ Qui Tam Claim Confirmed Dead by the Eighth Circuit | JD Supra
The Eighth Circuit Court of Appeals recently affirmed judgment against relators in a case alleging that a group of dairy farmers growing corn violated the False Claims Act by filing false insurance claims paid by the Federal Crop Insurance Corporation. In doing so, it held that a falsity in an insurance application does not constitute a false claim because it is not a claim for payment.
Key Insights from DOJ’s False Claims Act Statistics for Fiscal Year 2022 | JD Supra
The Department of Justice (DOJ) released its annual summary of False Claims Act (FCA) recoveries for the prior fiscal year, and the data points to a number of notable trends. Although DOJ brought in the second-highest number of settlements and judgments that the government has ever collected in a single year, the dollar value of those settlements is down significantly from 2021 and remains below pre-pandemic recovery levels.
2022 Year-End False Claims Act Update | JD Supra
The False Claims Act (FCA) continued to be a key tool in 2022 for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. While the focus stayed largely on the healthcare industry, the risk to corporations of huge financial penalties under the FCA remains. The number of suits filed by whistleblowers rose to 652 in 2022, and whistleblowers collected more than $488 million for filing actions to expose fraud and false claims.
DOJ Brings False Claims Act Suit Against Serial LTC Whistleblower | JD Supra
April 27, 2022 To embed, copy and paste the code into your website or blog: Thomas Prose is the founder and owner of a Michigan-based “post-hospitalist” company named General Medicine P.C. (GM), which purports to specialize in the care of post-acute patients in long-term care facilities by providing skilled nursing facility (SNF) program services, among other things.
A Look At Jackson's False Claims Act Jurisprudence | JD Supra
U.S. Supreme Court nominee Ketanji Brown Jackson is not a stranger to the False Claims Act. In her eight years as a U.S. district judge for the District of Columbia, before she was elevated to the U.S. Court of Appeals for the D.C. Circuit in 2021, she handled at least two FCA cases — one about a federal grant recipient and one about a government contractor. Her decisions in these cases show a meticulous and thorough approach, with particular attention to pleading standards.
2021 AHLA Year in Review: False Claims Act and Government Enforcement | JD Supra
E. False Claims Act: Materiality - 1. False Claims Amendments Act of 2021 (S.2428) - • The Senate Committee on the Judiciary has approved for the Senate’s full consideration an amendment to the FCA that would explicitly provide that “the [g]overnment’s decision to forego a refund or to pay a claim despite knowledge of fraud or falsity is not dispositive” on the issue of materiality... Originally published in AHLA Year in Review - February 2022. Please see full Publication below for more information.
Medicare Advantage Providers Be Aware: Choppy Enforcement Waters Ahead | JD Supra
When President Biden announced in December that he would nominate California Attorney General Xavier Becerra to head the Department of Health and Human Services (HHS), it raised eyebrows in certain policy circles. Becerra does not fit the typical administrative profile of past HHS heads. In fact, he has no actual experience in healthcare or public health policy. Rather, Becerra’s background is primarily in law enforcement.
2020 Saw Big Pay Days for Whistleblowers and Big Pay Outs for Individual Employees in False Claims Act Suits | JD Supra
It is essential for employers that work with the federal government to stay up to date on the federal False Claims Act (“FCA”). In 2020, individual employees were front and center in the government’s enforcement of the FCA, both receiving money for bringing action against their employers and having to pay out money as part of settlements the government made with employers.
Focus on False Claims Act Suits Continues in 2020 Despite a Nationwide Pandemic | JD Supra
The False Claims Act (FCA) continues to be a primary tool for both the Justice Department and whistleblowers’ counsel to bring suits against companies in the financial services sector, and the nationwide pandemic did not halt the investigation and litigation of these cases. Whistleblowers filed 672 new cases in 2020, comprising a significant percentage of the FCA cases filed.
The False Claims Act in 2020: A Government Enforcement Update | JD Supra
The False Claims Act (“FCA”) continued to serve as one of the primary tools utilized by the federal government against government contractors in 2020. One of the key areas that the government focused on this past year was procurement fraud, collecting more than $100 million from government contractors for fraud involving the government’s purchase of goods and services.
Continued Payments by the VA Won’t Stop Qui Tam When It Comes to Purported Fraud on Veterans | JD Supra
In the latest instance of courts interpreting the Supreme Court’s landmark False Claims Act ruling in Universal Health Services, Inc. v. Escobar, the Eleventh Circuit recently departed from the trend of giving great weight in the analysis of whether a violation was material to the fact that the government continued payment, finding that other efforts by the government to redress noncompliance may prevent judgment in a defendant’s favor.
The Next Revolution in Gaming is Blockchain
According to a recent industry report, there are nearly 3 billion gamers in the world today, and – in 2020 alone – they will spend nearly $160 billion on games. These numbers reinforce one inescapable fact: people love playing video games. No corporation knows this better than video-streaming giant Netflix. In a letter to shareholders last year, Netflix told investors it wasn’t looking over its shoulder at the competition coming from other streaming services like Hulu or HBO Max.
Legal Services Alabama standing on the front lines with public during coronavirus crisis
LaVeeda Battle, Brad Robertson and Tommy Wells, Special to the Advertiser Published 1:50 p.m. CT April 29, 2020 Legal Services Alabama (Photo: Contributed) The deeper we get into the COVID-19 pandemic, the more challenges we uncover regarding the health and economic hardships facing our communities.
How Organizations are Using Blockchain to Ensure Compliance
Smaller organizations simply don’t have the resources their larger counterparts enjoy to keep up with compliance requirements. Polyient Labs CEO Brad Robertson outlines how they can clear that hurdle. There are those who still associate blockchain technology – decentralized, transparent immutable digital ledgers – with only two things: Bitcoin and hype.
New terminal opens at GTR
After 49 years, the Golden Triangle Regional Airport has a second terminal for passengers to enjoy, and its opening was celebrated on Friday by local leaders and airport staff. Along with other improvements around the airport, including a new section of parking space and a complete renovation of the building's public restrooms, the 5,020-square-foot terminal cost roughly $2.5 million. GTR Executive Director Mike Hainsey started at the airport 17 years ago.
False Claims Act Suits Remain a Focus of Whistleblowers in 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Small Vendors Seeking Big Contracts? Blockchain May Be the Only Hope
Multinationals can spend up to $22 million each year ensuring they are they fully compliant. This can include everything from drafting and implementing internal policies that identify data security, hiring, training, certifying procedures to making sure all appropriate financial disclosures are shared with shareholders. Compliance can also include a delineated list of audits, assessments, file transfer guidelines, risk management policies, tech upgrades, recompense and more.
Lack of SEC Guidance Thwarts Crypto Innovation
As regulators drag their feet on rules surrounding airdrops and tokens, founders look beyond U.S. borders By Brad Robertson How is this for irony? Last year, an entrepreneur, Britt Kim, came to me with a fascinating idea: a decentralized content platform, free of middlemen. Removing middlemen from the content equation meant creators would be free to express themselves without fear of censorship or âdemonetizationâ.
Lawmakers circle the airport while crypto innovators move offshore
My sympathies go out to Jeremy Allaire. He was recently asked to testify before the Senate Banking Committee as committee members discussed the future of cryptocurrency regulations. He shared the spotlight during the July 30 hearings with Rebecca Nelson, a trade and finance specialist, who offered lawmakers a 10-year overview of cryptocurrencies, and Mehrsa Baradaran, a banking law scholar, who shared her skepticism about digital currencies.
Doubting the Blockchain Revolution Is Like Doubting the Internet
Reading tea leaves is risky, especially when it comes to technology. A misguided prediction can result in an awful amount of egg on the face. And it’s the kind of embarrassment that can linger. Just ask Ed Colligan, former CEO of Palm, Inc. who, in 2006, shrugged at the news Apple was getting into the mobile phone game. Or Jim Keyes, former CEO of Blockbuster, who, in 2007, dismissed a suggestion that Netflix posed a threat to the once-powerful, brick-and-mortar media franchise.
Supreme Court Recognizes Extended False Claims Act Statute of Limitations for Whistleblowers - Government Enforcement Update | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Pafford reduces active ambulances in city
A Pafford ambulance (courtesy photo) The city of Starkville will have one less ambulance patrolling its streets soon. Pafford Emergency Medical Services, which has provided ambulance services for the city since last year, is reducing the amount of active ambulances from three to two. The exact date of this change has yet to be decided. But the move is not unexpected.
DOJ Provides Guidelines for Reducing False Claims Act Settlements through Cooperation - Government Enforcement Update | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Disclosure and Cooperation Allow for Reduced False Claims Act Settlements According to New DOJ Guidance | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
False Claims Act Suits Relied Heavily on Whistleblowers in 2018 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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