In 2023, the government and whistleblowers were party to 543 False Claims Act (FCA) settlements and judgments, the highest number of FCA settlements and judgments in a single year. As a result, collections under the FCA exceeded $2.68 billion, confirming that the FCA remains one of the government’s most important tools to root out fraud
Brad Robertson
Brad Robertson works with clients facing government investigations and litigations, dealing with whistleblower allegations and qui tam actions, and planning compliance programs to prevent these occurrences in the first place. He helps his clients navigate compliance and potential liability under the False Claims Act, Anti-Kickback Statute and FIRREA, in addition to other areas of healthcare fraud and abuse, financial/mortgage fraud, and white collar criminal law.
A Thank You to Our Readers—and the Top Five Posts of 2023
As we near the Thanksgiving holiday, we wanted to take a moment to thank you — our readers. Eye on Enforcement has been a fun project for the Bradley’s Government Enforcement and Investigations team. But the ultimate goal of any blog is to be read, and we’re grateful to have so many devoted readers. And…
Overruled: Court Denies Relator’s Objection to False Claims Act Settlement
Significant work goes into settling a False Claims Act action. Defendants may spend months negotiating with the government to reach an agreeable settlement — often even longer if the defendant pursues the arduous ability-to-pay financial analysis process. But what happens when you reach the end of this process and the relator objects to the agreed-upon…
The Haunting in the Cornfield: Relators’ Qui Tam Claim Confirmed Dead by the Eighth Circuit
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…
Seventh Circuit Requires Proof in FCA Suits That False Statement in Mortgage Insurance Application Caused Subsequent Default
In its June 14, 2023, decision in United States ex rel. Michelle Calderon v. Carrington Mortgage Services, LLC, No. 22-1553, 2023 WL 3991013, (7th Cir. 2023), the Seventh Circuit explained the high bar for relators to prove proximate causation in FCA suits based on alleged false certifications of mortgage loans for Federal Housing Administration…
Insurance May Cover Your False Claims Act Settlement
On May 3, 2023, the Seventh Circuit affirmed $10 million in insurance coverage for a False Claims Act (FCA) settlement in a case based on alleged Anti-Kickback Statute violations. Astellas US Holding, Inc. v. Federal Insurance Company concerns a settlement of an investigation into whether a pharmaceutical manufacturer’s sponsorship of patient assistance plans violated the…
Key Insights from DOJ’s False Claims Act Statistics for Fiscal Year 2022
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…
The False Claims Act in 2022: A Year in Review
In 2022, the government continued to utilize the False Claims Act as its primary tool to combat fraud. Though the government’s recoveries at $2.2 billion were down compared to recent years, the government and whistleblowers were party to more than 350 settlements and judgments – the second-highest number of FCA settlements and judgments in a…
In SCOTUS Amicus Briefs, Industry Supports Government Authority to Dismiss Relators’ FCA Actions
Industry organizations in business, healthcare, pharmaceuticals, and medical technology filed amicus briefs this week in support of the False Claims Act (FCA) defendants in the Supreme Court case United States, ex rel. Polansky v. Executive Health Resources, Inc. As previously reported here, this case raises whether the government has the proper authority to dismiss…
Following Doctors’ Orders: SCOTUS Prescribes Subjective Scienter to Controlled Substances Act “As Authorized” Exception
The U.S. Supreme Court’s decision in Ruan v. United States ups the ante for prosecutors who bring charges against doctors for unlawfully dispensing and distributing drugs under the Controlled Substances Act. Under the Supreme Court’s guidance, to secure a conviction, the government must now prove, beyond a reasonable doubt, that doctors knowingly and intentionally exceeded…