Peter Rathmell
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Articles by Peter Rathmell
False Claims Act Whistleblower Provision Is On Wobbly Ground (1)
Bass, Berry & Sims attorneys analyze cases on FCA's scope Qui tam's constitutionality has become more uncertain A federal district court in Florida recently ruled that the False Claim Act's qui tam provision—which allows private citizens to file suit on behalf of the federal government—is unconstitutional and thus unenforceable. Though appealed last month, the decision is one of several case law developments that have made the future of the qui tam provision more uncertain than ever.
False Claims Act's Whistleblower Provision Is on Wobbly Ground
A federal district court in Florida recently ruled that the False Claim Act’s qui tam provision—which allows private citizens to file suit on behalf of the federal government—is unconstitutional and thus unenforceable. Though appealed last month, the decision is one of several case law developments that have placed the qui tam provision in jeopardy.
False Claims Act's Whistleblower Provision Is on Wobbly Ground
A federal district court in Florida recently ruled that the False Claim Act’s qui tam provision—which allows private citizens to file suit on behalf of the federal government—is unconstitutional and thus unenforceable. Though appealed last month, the decision is one of several case law developments that have placed the qui tam provision in jeopardy.
Settlement Roundup: Heart-Valve Replacements, Federal Research Grants, And Clinical Laboratory Marketing
The Department of Justice (DOJ) recently announced settlements involving alleged noncompliance with Medicare billing requirements for heart-valve replacement surgeries, false statements in federal funding research grants, and physician kickback schemes for clinical laboratories. The settlements show DOJʼs continued scrutiny in these areas.
Settlement Roundup: Heart-Valve Replacements, Federal Research Grants, and Clinical Laboratory Marketing | JD Supra
The Department of Justice (DOJ) recently announced settlements involving alleged noncompliance with Medicare billing requirements for heart-valve replacement surgeries, false statements in federal funding research grants, and physician kickback schemes for clinical laboratories. The settlements show DOJ’s continued scrutiny in these areas.
Ninth Circuit Limits Damages In Government Procurement Case
On August 8, the Ninth Circuit issued a key decision clarifying two important aspects of damages under the False Claims Act (FCA) in the government procurement context. The Ninth Circuit's holding limits potential damages government contractors may face.
Ninth Circuit Limits Damages in Government Procurement Case | JD Supra
On August 8, the Ninth Circuit issued a key decision clarifying two important aspects of damages under the False Claims Act (FCA) in the government procurement context. The Ninth Circuit’s holding limits potential damages government contractors may face.
Ninth Circuit Limits Damages in Government Procurement Case
On August 8, the Ninth Circuit issued a key decision clarifying two important aspects of damages under the False Claims Act (FCA) in the government procurement context. The Ninth Circuit’s holding limits potential damages government contractors may face.
Supreme Court Rejects Safeco, Holds That FCA Scienter Turns On Defendant's Subjective Belief
On June 1, the U.S. Supreme Court unanimously refused to apply the Safeco objective knowledge standard to the False Claims Act (FCA), holding instead in U.S. ex rel. Schutte v. Supervalu Inc.
Supreme Court Rejects Safeco, Holds that FCA Scienter Turns on Defendant’s Subjective Belief | JD Supra
On June 1, the U.S. Supreme Court unanimously refused to apply the Safeco objective knowledge standard to the False Claims Act (FCA), holding instead in U.S. ex rel. Schutte v. Supervalu Inc.
Supreme Court Rejects Safeco, Holds that FCA Scienter Turns on Defendant’s Subjective Belief
On June 1, the U.S. Supreme Court unanimously refused to apply the Safeco objective knowledge standard to the False Claims Act (FCA), holding instead in U.S. ex rel. Schutte v. Supervalu Inc.
False Claims Act Fundamentals: Reverse False Claims | JD Supra
Previous False Claims Act (FCA) Fundamentals posts have examined how violations of certain federal laws can potentially expose entities to FCA liability when they receive money from the government.
False Claims Act Fundamentals: Reverse False Claims
Previous False Claims Act (FCA) Fundamentals posts have examined how violations of certain federal laws can potentially expose entities to FCA liability when they receive money from the government.
11th annual Healthcare Fraud & Abuse Review 2022
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We are pleased to bring you our 11th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we endeavor to cover key enforcement initiatives, analyze important case developments and document healthcare fraud settlements across the industry, and present those topics in a readily digestible format for our readers.
By Angela Bergman, Kristin M. Bohl, J. Taylor Chenery, Matthew M. Curley, Lindsey Brown Fetzer, Lauren Gaffney, Scott Gallisdorfer, Jeff Gibson, Anna Grizzle, Brian Irving, Stewart W. Kameen, Travis Lloyd, William T. Mathias, Jennifer Michael, Lisa S. Rivera, Brian Roark, Glenn Rose, Molly Ruberg, Danielle Sloane, Julia Tamulis, Nathan Brown, Hannah Choate, Maleaka Guice, Dee Harleston, Sheaniva Murray, Heather Pearson, Brianna Powell, Peter Rathmell, Taylor Sample, Rhea Shinde, Page Minton Smith, Briana Sprick Schuster, Jamie Steakley, Hannah C. Webber, Abby Yi, John C. Eason, Michael K. Bassham, Garrah Carter-Mason
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Lexology
Verified
Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking | JD Supra
On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that misconduct involves “oinking” at co-workers. The plaintiff in Crosbie v. Highmark Inc. worked as a fraud investigator for the defendant health insurance companies.
Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking
On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that misconduct involves “oinking” at co-workers. The plaintiff in Crosbie v. Highmark Inc. worked as a fraud investigator for the defendant health insurance companies.
False Claims Act Fundamentals: Anti-Kickback Statute and the Stark Law | JD Supra
May 27, 2022 To embed, copy and paste the code into your website or blog: As previous False Claims Act (FCA) Fundamentals posts have discussed, the FCA, 31 U.S.C. § 3729, et seq., can be triggered by submitting claims tied to violations of certain federal statutes. This post will explain the basics of two such statutes: the Anti-Kickback Statute (AKS) and the Stark Law.
False Claims Act Fundamentals: Anti-Kickback Statute and the Stark Law
As previous False Claims Act (FCA) Fundamentals posts have discussed, the FCA, 31 U.S.C. § 3729, et seq., can be triggered by submitting claims tied to violations of certain federal statutes. This post will explain the basics of two such statutes: the Anti-Kickback Statute (AKS) and the Stark Law.
Pentagon not doing enough to control open burning, report says
The Radford Army Ammunition Plant emits nearly three million pounds of pollutants each year Mar 7, 10:52 PM A new, modernized NAC/SAC facility was constructed at Radford Army Ammunition Plant in 2010. It provides acid for nitrocellulose used to make ammunition for all service members.
Pentagon not doing enough to control open burning, report says
The Radford Army Ammunition Plant emits nearly three million pounds of pollutants each year Mar 7, 10:52 PM A new, modernized NAC/SAC facility was constructed at Radford Army Ammunition Plant in 2010. It provides acid for nitrocellulose used to make ammunition for all service members.
Pentagon not doing enough to control open burning, report says
Openly burning hazardous waste at Radford Army Ammunition Plant in Virginia could be causing a plethora of health issues in its surrounding areas – but the Pentagon has done little to stop it, reports ProPublica. The Radford plant, known as the Arsenal, is one of 51 sites across the country that still openly burns leftover ammunition, excess explosives and other materials, releasing dangerous particles like lead, mercury and chromium into the air.
Navy not prioritizing maintenance, GAO report says
Merely months after President Trump announced he would be expanding the Navy fleet to unprecedented levels, the United States General Accountability Office released a report Tuesday suggesting that may not be the best idea. The GAO found that the Navy has been eschewing normal maintenance for over a decade and prolonging deployment lengths just to meet its operational goals.
Navy under investigation for firing a whistleblower, counsel says
Federal officials are investigating whether the U.S. Navy fired a man because he was a vocal critic of the Navy's allegedly unsafe disposal of jet fuel, according to a U.S. Merit Systems Protection Board order on June 30.
China’s provocations propel decision to include Australia in upcoming Malabar exercise
India announced on Monday that the Australian Navy would join the November 2020 Malabar exercise — an annual, high-end joint exercise conducted predominantly at sea that has included only American, Indian and Japanese forces in recent years. This decision, which demonstrates growing multilateral concern regarding China’s increasingly aggressive behavior, offers an opportunity for the “Quad” of democratic nations to strengthen defense cooperation and deter additional aggression from Beijing.
More fragments from 1952 Air Force plane crash found in Alaska glacier
In this June 18, 2020, photo, an Alaska Army National Guard UH-60 Black Hawk helicopter departs Colony Glacier after dropping off personnel recovery team members assigned to Joint Base Elmendorf-Richardson, Alaska.
Ella Project to host 'Collecting Royalties in the Modern Age' workshop
The Ella Project will host a workshop focused on the Music Modernization Act Copyright law has officially entered the twenty-first century. On October 11, 2018, President Donald Trump signed the Music Modernization Act (MMA) into law, revolutionizing outdated copyright laws to account for new technologies, such as streaming. The MMA, which was spearheaded by Rep. Bob Goodlatte and Sen.
"Women Changing Music" workshop aims to expand opportunities
Grammy Award-winning producer and sound engineer Trina Shoemaker will speak on the "Women Changing Music" panel New Orleans and the music industry go hand in hand. Unfortunately, the music industry has historically been dominated by male artists and executives, according to a 2019 USC/Annenberg study. The New Orleans Business Alliance and the New Orleans Jazz & Heritage Foundation are working to change that by hosting a free workshop called “Women Changing Music” on December 4.
Louisiana Philharmonic Orchestra CEO to step down at end of 2019
James William Boyd (not pictured) is stepping down from his role as CEO of the Louisiana Philharmonic Orchestra. Photo courtesy of @lpomusic / Instagram After six years at the helm, James William Boyd is stepping down from his role as CEO of the Louisiana Philharmonic Orchestra to spend more time with his family. Boyd will continue to serve as CEO through the end of December.
Free patent registration workshop open to creatives of all kinds
Calling all New Orleans inventors! Patent Attorney Mark Melasky, of Intellectual Property Consulting, will host a free patent registration workshop for budding inventors on Wednesday, October 23 at LaunchPad NOLA. The workshop, titled “Applying for Patent Protection with Mark Melasky,” is the latest installment in The Ella Project’s Bar Napkin Inventions patent workshop series.
America’s 1st female astronaut candidate, Jerrie Cobb, dies
CAPE CANAVERAL, Fla. — America’s first female astronaut candidate, pilot Jerrie Cobb, who pushed for equality in space but never reached its heights, has died. Cobb died in Florida at age 88 on March 18 following a brief illness. News of her death came Thursday from journalist Miles O'Brien, serving as a family spokesman. In 1961, Cobb became the first woman to pass astronaut testing. Altogether, 13 women passed the arduous physical testing and became known as the Mercury 13.
Next stop on Marine vet’s space odyssey: Astronaut Hall of Fame
By: Dave Kolpack, The Associated Press 4 minutes ago This undated photo provided by NASA shows astronaut James Buchli. (Courtesy of NASA via AP) FARGO, N.D. — James Buchli’s path from Fargo to space was anything but meteoric. The first native North Dakotan to fly in space brought a wide-ranging resume to his application to be part of NASA's first space shuttle class in 1978.
Top military court orders new investigation into SEAL’s sexual assault case
A Navy SEAL who was convicted of sexual assault several years ago may be innocent after all, the nation's top military court ruled on Monday. In an extremely uncommon occurrence, the United States Court of Appeals for the Armed Forces ordered a fact-finding investigation into whether the case's presiding officer was forced to hand out a guilty verdict, according to the Washington Times. Senior Chief Special Warfare Operator Keith E.
Aircraft carrier Gerald R. Ford enters next development phase at shipyard
The Navy’s most expensive warship has drawn criticism from government watchdogs and members of Congress for delays, glitches and cost overruns. Navy officials and some experts have said problems are expected to arise — and be worked out — on the first ship in a new class. Two more Ford-class carriers are under construction, and more could be built.
This new ‘Top Gun 2’ promo will surprise you
Aviation enthusiasts were quick to notice the aircraft blurred in the background of the photo, which appears to be an F/A-18F Super Hornet rather than the newer F-35C that many predicted would star in the film.
Navy to Commission Newest Destroyer This Weekend | RealClearDefense
Navy to Commission Newest Destroyer This Weekend The U.S. Navy will commission the destroyer Rafael Peralta on Saturday morning in a ceremony at Naval Air Station North Island in San Diego, California, according to a Defense Department release.The guided missile destroyer is named after Marine Corps Sgt. Rafael Peralta, who was killed in November 2004 during the Second Battle of Fallujah.Read Full Article »
Trump’s transgender ban will likely land in court
President Trump’s apparent intent to reverse the 10-month-old Pentagon policy that allows transgender troops to serve openly is likely to set the stage for a legal battle between the Defense Department and those troops at risk of involuntary separation, legal experts say.
Leave transgender military<span> </span> healthcare alone, ex-Joint Chiefs chairman urges<br>
A former Joint Chiefs of Staff chairman had strong words for Congress should it decide to alter the Department of Defense’s policy on transgender medical care. “Congressional oversight of the military is vital, but we must not confuse oversight with micromanagement of personnel policy. It would be unprecedented for lawmakers to place themselves between loyal service members and their doctors or commanders,” Adm.
Truman Finishes Overhaul, Heads straight to sea for trials.
Nearly 14 months after returning from her last record-setting deployment, the aircraft carrier Harry S. Truman left Norfolk Naval Shipyard this morning and headed straight for open water in the Atlantic for sea trials — a day ahead of schedule . Truman has been in Norfolk Naval Shipyard for the past 10 months following a planned incremental availability — a yard period she finished one day ahead of schedule — Navy officials told Navy Times.
No urinals on the new Navy aircraft carrier
The new aircraft carrier Gerald R. Ford has all sorts of high-tech gear equipped for 21st century naval warfare. But there is one thing that male sailors will notice is no longer available: Urinals. For the first time, every bathroom on the Ford — known throughout military circles as a head — is designed to be “gender-neutral,” meaning all of the urinals have been replaced with flush toilets and stalls, Navy officials say.
Navy can build two Virginia-class subs yearly for foreseeable future, report says
The U.S. Navy’s submarine shortage may not be as bad as once thought, reports USNI News . A recent Navy report found that the service can continue adding a pair of Virginia-class attack submarines to its fleet each year while still incorporating the future Columbia-class ballistic missile attack subs.The Navy has been under fire recently as many of its current ballistic missile attack subs — Ohio-class — are nearing retirement, creating a potential lack of deployment-ready submarines.
Why the Navy's newest aircraft carrier has no urinals
The new aircraft carrier Gerald R. Ford has all sorts of high-tech gear equipped for 21st century naval warfare. But there is one thing that male sailors will notice is no longer available: Urinals. For the first time, every bathroom on the Ford — known throughout military circles as a head — is designed to be “gender-neutral,” meaning all of the urinals have been replaced with flush toilets and stalls, Navy officials say.
Navy may need to reconsider the future of the fleet, study says
The Navy's next aircraft carrier will be commissioned this weekend.
Navy successfully tests anti-drone laser weapon
Laser weapons aren’t just a "Star Wars" fantasy anymore — they are now aboard U.S. Navy warships.The Navy has been testing an active laser weapons system, called LaWS, on the amphibious transport dock Ponce for several years. But during a recent test, the Navy proved that LaWS is fully functional and ready for action, reports CNN Without making a sound, the laser targeted a mock enemy drone similar to ones used by Iran, North Korea and China.
Navy under investigation for firing a whistleblower, counsel says
Federal officials are investigating whether the U.S. Navy fired a man because he was a vocal critic of the Navy's allegedly unsafe disposal of jet fuel, according to a U.S. Merit Systems Protection Board order on June 30.Glenn Schwarz filed a complaint with the Navy Inspector General on June 9, 2015, claiming that officials at the Navy's Fleet Readiness Center-East did not test fuel pumps or gauges for over a year, that it unnecessarily wasted fuel and resources each time it disposed of jet...
Marines rescue sick woman while hiking Mount Fuji
For Marines, being off duty doesn’t mean taking days off. Cpls. Otto Thiele, Christopher Ehms and Eric Goodman and Lance Cpls. Antonio Martinez and Avelardo Guevara Osuna were spending the Fourth of July weekend hiking Mount Fuji in Japan when they were flagged to a local man, clearly in distress. The man's daughter was shaking and feverish, and needed help, according a Marine Corps release. Instinctively, the five Marines crafted a stretcher out of their shirts and hiking sticks.
Congressman hopes to rename Department of the Navy, incorporate US Marine Corps
A North Carolina congressman is continuing in his quest to rename the Department of the Navy, reports the Jacksonville Daily News U.S. Rep. Walter Jones has been trying to rebrand the department as the Department of the Navy and Marine Corps since 2001, according to the Daily News.Sixteen years later, the rebranding is included as an amendment to the House Armed Services Committee’s version of the National Defense Authorization Act for fiscal year 2018.
Navy officer could be fined for nightly musical tribute
A Navy officer in Glen Rock, Pennsylvania, may face a $300 fine for a daily audio memorial that honors the men and women who served in the U.S. military, according to CNS News Lt. Cmdr. Joshua Corney has played the classic bugle song “Taps” every day at 7:55 p.m. for nearly two years. Earlier this week, though, the Glen Rock Borough Council sent Corney a letter saying that his musical tribute constitutes a noise violation.
Former SEAL arrested for smuggling thousands of pounds of pot
A former U.S. Navy SEAL has been arrested and accused of participating in a national drug smuggling operation, according to a story by The State James Dennis “J.D.” Smith, 49, was accused of conspiring to distribute more than 1,500 pounds of marijuana over the past three years. If convicted, he could face up to 40 years in federal prison. Two others, Carl and Bryon Rye, were also arrested in the raid and face the same charges.
Stricken destroyer Fitzgerald returns home; 7 sailors still missing
The destroyer Fitzgerald, mangled from its collision with a merchant vessel in the Philippine Sea, returned to its home port of Yokosuka, Japan, at about 7 p.m. local time Saturday, capping a 17-hour effort by the crew.Seven sailors remain missing and divers were standing by to assess the damage and try to access the spaces that were flooded when Fitzgerald collided with a merchant ship nearly four-times its size in the middle of the night.The damage to Fitzgerald is extensive.
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