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Articles by Virginia Wright
11th Circuit Finds False Claims Act Qui Tam Provisions Constitutional | JD Supra
The 11th Circuit has vacated a 2024 decision from the Middle District of Florida and held that the qui tam provisions of the False Claims Act do not violate the Appointments Clause of the United States Constitution. In United States ex rel. Zafirov v. Florida Medical Associates, LLC, the court concluded that FCA relators are not officers who must be appointed by the president. It remanded the case to the district court for further consideration of the defendants' remaining constitutional arguments.
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.
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.
Healthcare Execs Face Federal Drug Charges in Landmark Telehealth Case | JD Supra
In a first-of-its-kind prosecution, federal prosecutors have charged two healthcare executives with unlawfully distributing controlled substances, such as Adderall, through a telehealth website. These charges demonstrate the Department of Justice’s intensified focus on enforcing federal controlled substances laws in the rapidly evolving digital health landscape. The government bases the bulk of its controlled substances charges on two requirements of the Controlled Substance Act (CSA).
Third Circuit Finds Documentation Issues May Be “Material” under the FCA
On August 25, 2023, the Third Circuit continued its trend of rulings unfavorable to FCA healthcare defendants in the latest appeal of U.S. ex rel. Druding et al. v. Care Alternatives et al., No. 22-1035, 2023 WL 5494333 (3d Cir. 2023), holding that medical record-keeping issues and documentation errors may be material under the False Claims Act (FCA).
Third Circuit Finds Documentation Issues May Be “Material” under the FCA
Click here to listen to the audio On August 25, 2023, the Third Circuit continued its trend of rulings unfavorable to FCA healthcare defendants in the latest appeal of U.S. ex rel. Druding et al. v. Care Alternatives et al., No. 22-1035, 2023 WL 5494333 (3d Cir. 2023), holding that medical record-keeping issues and documentation errors may be material under the False Claims Act (FCA).
Supreme Court Tosses NY Corruption Convictions, Signaling Skepticism with Government’s Theories of Liability – Part 2 | JD Supra
Recently, the Supreme Court of the United States tossed the convictions of two defendants found guilty of public corruption charges during former New York Gov. Andrew Cuomo’s term. The opinions, Ciminelli v. United States and Percoco v. United States, continue the Court’s recent trend of narrowing the government’s ability to prosecute defendants under outlier theories of liability for white collar crimes.
Supreme Court Tosses NY Corruption Convictions, Signaling Skepticism with Government’s Theories of Liability - Part 2
Recently, the Supreme Court of the United States tossed the convictions of two defendants found guilty of public corruption charges during former New York Gov. Andrew Cuomo’s term. The opinions, Ciminelli v. United States and Percoco v. United States, continue the Court’s recent trend of narrowing the government’s ability to prosecute defendants under outlier theories of liability for white collar crimes.
Supreme Court Tosses NY Corruption Convictions, Signaling Skepticism with Government’s Theories of Liability – Part 1 | JD Supra
Recently, the Supreme Court of the United States tossed the convictions of two defendants found guilty of public corruption charges during former New York Gov. Andrew Cuomo’s term. The opinions, Ciminelli v. United States and Percoco v. United States, continue the Court’s recent trend of narrowing the government’s ability to prosecute defendants under outlier theories of liability for white collar crimes.
Supreme Court Tosses NY Corruption Convictions, Signaling Skepticism with Government’s Theories of Liability - Part 1
Recently, the Supreme Court of the United States tossed the convictions of two defendants found guilty of public corruption charges during former New York Gov. Andrew Cuomo’s term. The opinions, Ciminelli v. United States and Percoco v. United States, continue the Court’s recent trend of narrowing the government’s ability to prosecute defendants under outlier theories of liability for white collar crimes.
Second Circuit Limits Use of Confidential Government Agency Information as Basis for Securities Fraud Prosecutions | JD Supra
On December 27, 2022, the Second Circuit called into question the government’s theory of insider trading of confidential government agency information, potentially undercutting the DOJ’s enforcement of various white-collar crimes. The panel tossed the convictions of four individuals found guilty of securities fraud, wire fraud, and theft of government property for their coordination to trade stocks based on leaked impending Medicare reimbursement rate changes.
Second Circuit Limits Use of Confidential Government Agency Information as Basis for Securities Fraud Prosecutions
On December 27, 2022, the Second Circuit called into question the government’s theory of insider trading of confidential government agency information, potentially undercutting the DOJ’s enforcement of various white-collar crimes. The panel tossed the convictions of four individuals found guilty of securities fraud, wire fraud, and theft of government property for their coordination to trade stocks based on leaked impending Medicare reimbursement rate changes.
Second Circuit Limits Use of Confidential Government Agency Information as Basis for Securities Fraud Prosecutions
On December 27, 2022, the Second Circuit called into question the government’s theory of insider trading of confidential government agency information, potentially undercutting the DOJ’s enforcement of various white-collar crimes. The panel tossed the convictions of four individuals found guilty of securities fraud, wire fraud, and theft of government property for their coordination to trade stocks based on leaked impending Medicare reimbursement rate changes.
The False Claims Act in 2022: A Year in Review
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In 2022, the False Claims Act (FCA) continued to be the federal government’s chief tool for combatting fraud. Many trends in recent years were likewise present in 2022
By Ty Howard, Brad Robertson, Jonathan Ferry, Gene Besen, Daniel Fortune, Elisha Kobre, Gregory Marshall, Scarlett Singleton Nokes, Jack Selden, Erin Sullivan, Matthew Bedan, Giovanni Giarratana, Anna Lashley, Lyndsay E. Medlin, Ocasha Musah, Cara Rice, Courtlyn Ward, Virginia Wright, Tara S. Sarosiek
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Supreme Court Declines to Clarify FCA Pleading Standard | JD Supra
How much detail must a plaintiff allege to meet the heightened pleading standards that apply in an FCA case? Appellate courts have taken different approaches but given a chance to address a seeming circuit split, the Supreme Court declined to clarify a standard. On October 17, the Supreme Court denied the petitions for certiorari in Johnson v. Bethany Hospice & Palliative Care LLC (11th Cir.), U.S. ex rel. Owsley v. Fazzi Associates, Inc. (6th Cir.), and Molina Healthcare of Illinois, Inc. v.
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