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Articles by Craig Margolis
A Continuing Question: Eleventh Circuit Reverses Zafirov Holding That FCA Is Unconstitutional But Leaves Much Unsettled
Arnold & Porter are most popular: within Strategy and International Law topic(s) Nearly two years after Judge Mizelle of the U.S. District Court for the Middle District of Florida broke new ground by holding that the False Claims Act (FCA) qui tam provision violates the Constitution’s Appointments Clause and nine months after oral argument in the Eleventh Circuit, the court of appeals has vacated that decision.
The Trump Administration's DEI Executive Order Creates Enforcement Risk But May Not Be The False Claims Act Bombshell It's Made Out To Be
Following the January 21, 2025 issuance of the Executive Order, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (EO), advisories flooded the legal airwaves warning of the extreme False Claims Act (FCA) risk posed to contractors that maintain "DEI" (diversity, equity, and inclusion) programs.
End Of The Qui Tam? District Court Holds FCA's Qui Tam Device Unconstitutional
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One Small Step For A District Court, One Giant Leap To The End Of The Qui Tam: Florida District Court Holds Qui Tam Device Unconstitutional
After Justice Thomas' dissent in Polansky, we hoped it only a matter of time before a court followed his roadmap to hold the False Claims Act's (FCA) qui tam device unconstitutional. That time is now. A former law clerk to Justice Thomas, Judge Kathyrn Kimball Mizelle of the U.S. District Court for the Middle District of Florida, has just held in Zafirov v. Florida Medical Associates LLC that the FCA's qui tam device is unconstitutional under Article II of the U.S. Constitution.
End of the Qui Tam? District Court Holds FCA
Arnold & Porter’s False Claims Act (FCA) attorneys recently discussed key takeaways from the September 30, 2024, groundbreaking decision in Zafirov v. Florida Medical Associates LLC, holding the FCA's qui tam device unconstitutional. Find more content tagged: False Claims Act Investigations & Defense White Collar Defense & Investigations Appellate & Supreme Court Meet the Speakers Partner Partner Partner
One Small Step for a District Court, One Giant Leap to the End of the Qui Tam: Florida District Court Holds Qui Tam Device Unconstitutional
After Justice Thomas’ dissent in Polansky, we hoped it only a matter of time before a court followed his roadmap to hold the False Claims Act’s (FCA) qui tam device unconstitutional. That time is now. A former law clerk to Justice Thomas, Judge Kathyrn Kimball Mizelle of the U.S. District Court for the Middle District of Florida, has just held in Zafirov v. Florida Medical Associates LLC that the FCA’s qui tam device is unconstitutional under Article II of the U.S. Constitution.
Government, Public Sector
With post-Polansky constitutional challenges like U.S. ex rel. Zafirov v. Florida Medical Associates LLC and U.S. ex rel. Shepherd v. Fluor Corporation already brewing, it seems only a matter of time before the Supreme Court decides the fate of the False Claims Act's (FCA) qui tam provisions.
EXPERT INSIGHTS-'Upcoding' In The Code: District Court Holds Software Billing Company Could Be Liable For Causing False Claims, (Jun 11, 2024)
Software provider liable for false billing even if not billing the government directly. In a recent decision, U.S. ex rel. Schieber v. Holy Redeemer Healthcare System, Inc., the U.S. District Court for the District of New Jersey declined to dismiss a federalqui tamcase against Homecare Homebase, LLC (HCHB), the developer of what its website calls the "#1 software for home-based care," for allegedly causing home health providers to submit false claims for Medicare reimbursement.
EXPERT INSIGHTS-'UPCODING' IN THE CODE: DISTRICT COURT HOLDS SOFTWARE BILLING COMPANY COULD BE LIABLE FOR CAUSING FALSE CLAIMS
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"Upcoding" In The Code: District Court Holds Software Billing Company Could Be Liable For Causing False Claims
In a recent decision, U.S. ex rel. Schieber v. Holy Redeemer Healthcare System, Inc., the U.S. District Court for the District of New Jersey declined to dismiss a federal qui tam case against Homecare Homebase, LLC (HCHB), the developer of what its website calls the "#1 software for home-based care," for allegedly causing home health providers to submit false claims for Medicare reimbursement.
“Upcoding” in the Code: District Court Holds Software Billing Company Could Be Liable for Causing False Claims
In a recent decision, U.S. ex rel. Schieber v. Holy Redeemer Healthcare System, Inc., the U.S. District Court for the District of New Jersey declined to dismiss a federal qui tam case against Homecare Homebase, LLC (HCHB), the developer of what its website calls the “#1 software for home-based care,” for allegedly causing home health providers to submit false claims for Medicare reimbursement.
Keeping The Lodestar Local — Mississippi Court Refuses To Apply D.C. Rates For FCA Fee Award - Trials & Appeals & Compensation - United States
In a reversal of the typical False Claims Act (FCA) fee scenario, a federal district court in Mississippi recently declined to apply Washington, D.C. rates in an award to prevailing defendants, instead using those for lawyers in that state. In United States ex rel. Jehl v. GGNSC Southaven LLC, No. 3:19-CV-091-GHD-JMV, 2024 WL 1145962 (N.D. Miss. Mar. 14, 2024), after finding the relator's case frivolous, the court awarded attorney's fees to the defendants under 31 U.S.C. § 3730(d)(4).
Defendants' Dream Or Relators' Nightmare — Could The FCA's Qui Tam Provisions Actually Be Held Unconstitutional? - Constitutional & Administrative Law - United States
The constitutionality of the False Claims Act's (FCA) qui tam provisions took center stage in a Florida federal courtroom on April 22, 2024. As our readers well know, in dissenting from the majority opinion in United States ex rel. Polansky v.
False Claims Act FY2023 Year In Review Webinar
False Claims Act Investigations & Defense partners Craig Margolis, Paula Ramer, Michael Rogoff, and Christian Sheehan presented the firm's annual False Claims Act FY 2023 Year in Review webinar on February 5. The webinar recapped FY 2023 FCA recoveries, reviewed top FY 2023 cases and their implications, and discussed FY 2024 predictions about trends, enforcement priorities, and key areas of developing law.
Is There FCA
At this year's ACI False Claims Qui Tam Enforcement Conference's inaugural panel — Scienter After SuperValu — DOJ's Civil Fraud Deputy Chief was on the hot seat. As our readers already know, in SuperValu, the Supreme Court shot down the defense bar's hopes of "objective reasonableness" as a scienter killer, and, in so doing, held the FCA's "knowledge" elements "focus primarily on what [defendants] thought and believed." U.S. ex rel. Schutte v. SuperValu Inc., 598 U.S. 739, 751 (2023).
By Qui Notes' Reckoning, DOJ's FY 2023 Stats Increase Over Paltry FY 2022 — Though There Is Still A Long Way To Go In Comparison To Prior Years - Healthcare - United States
As we do each year, your friends at Qui Notes have mined our own False Claims Act (FCA) statistics to give our readers a "sneak peek" before the "official" government stats are released. It appears that FCA recoveries have ticked up from last year's low, boosted by several nine-figure settlements in the second half of the fiscal year.
By Qui Notes’ Reckoning, DOJ’s FY 2023 Stats Increase Over Paltry FY 2022 — Though There Is Still a Long Way To Go In Comparison To Prior Years | FCA Qui Notes | Blogs | Arnold & Porter
As we do each year, your friends at Qui Notes have mined our own False Claims Act (FCA) statistics to give our readers a “sneak peek” before the “official” government stats are released. It appears that FCA recoveries have ticked up from last year’s low, boosted by several nine-figure settlements in the second half of the fiscal year.
Webinar — A Busy Year: U.S. Supreme Court Decides Two Important False Claims Act Cases In A Single Term - Court Procedure - United States
In a webinar held on July 19, partners John Elwood, head of the firm's Appellate and Supreme Court practice, and co-chairs of the firm's False Claims Act practice, Tirzah Lollar, Craig Margolis, and Michael Rogoff discussed two FCA cases at the Supreme Court. This is the first time in recent history that the Supreme Court has granted cert in two different FCA cases. In U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel. Proctor v.
Making Sense Of
Yesterday, the Supreme Court issued its much-awaited opinion in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel. Proctor v. Safeway, Inc., handing down a unanimous decision reversing the Seventh Circuit and rejecting the application of Safeco's "objective reasonableness" standard to the False Claims Act (FCA).
Music To Our Ears-US District Court In Mississippi Raises "Grave Concerns" About "Absurdity" Of Potential Recovery In Deciding Whether To Toss False Claims Act Case - Litigation, Mediation & Arbitration - United States
United States: Music To Our Ears—US District Court In Mississippi Raises "Grave Concerns" About "Absurdity" Of Potential Recovery In Deciding Whether To Toss False Claims Act Case 31 August 2021 Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Picking Its Cases With Care: SCOTUS Declines To Weigh In On Objective Falsity Standard
United States: Picking Its Cases With Care: SCOTUS Declines To Weigh In On Objective Falsity Standard 10 March 2021 by Craig D. Margolis , John P. Elwood and Jayce Born Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Waiting For Qui Notes? DOJ Confirms $2.2 Billion In False Claims Act Recoveries In FY2020
United States: Waiting For Qui Notes? DOJ Confirms $2.2 Billion In False Claims Act Recoveries In FY2020 27 January 2021 by Craig D. Margolis , Tirzah S. Lollar and Christian D. Sheehan Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Department Of Justice Sets Up Procurement Collusion Strike Force
To print this article, all you need is to be registered or login on Mondaq.com. The Department of Justice has announced the formation of a Procurement Collusion Strike Force to detect, investigate, prosecute, and deter antitrust crimes such as bid-rigging and related fraudulent schemes in the government procurement, grant, and program funding areas. The authors of this article discuss the new strike force and its implications.
Mitigating False Claims Act Risk While Combatting Coronavirus
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Supreme Court In No Particular Hurry To Weigh In On Rule 9(b) In FCA Cases - Food, Drugs, Healthcare, Life Sciences
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Despite DOJ Memos, Strong False Claims Act Enforcement is Likely Here to Stay
U.S. Department of Justice building in Washington, D.C. January 10, 2012. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL. In January, two memoranda—one authored by then-U.S. Associate Attorney General Rachel Brand and the other by civil fraud chief Michael Granston—suggested there should be a new hope for industry-friendly changes to the U.S. Department of Justice’s view of the False Claims Act.
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