The District of Massachusetts has joined the growing chorus of courts that have applied a heightened causation standard in False Claims Act (FCA) cases predicated on the Anti-Kickback Statute (AKS).

U.S. District Judge F. Dennis Saylor recently ruled that the government must show a “but for” causal connection between an AKS violation and an allegedly

Bradley’s Cybersecurity and Privacy team keeps a close eye on litigation involving cybersecurity deficiencies, and recent settlements flagged by the team as noteworthy demonstrate ways the False Claims Act can be used by the government to force companies into a new technological era. Check out this blog post by members of the Government Enforcement and

The First Circuit will decide the causation standard required in False Claims Act (FCA) cases predicated on the Anti-Kickback Statute (AKS), deepening a circuit split on the issue and potentially teeing up Supreme Court intervention.

U.S. District Judge Nathaniel Gorton asked the First Circuit to review his recent ruling that the government need not prove

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

On July 25, 2023, U.S. Senator Chuck Grassley (R-IA), introduced a bill that aims to, among other things, make it easier for the government to satisfy the False Claims Act’s materiality requirement when the government has made payment on a claim the government knows to be false or fraudulent. The bill, titled the “False Claims

The United States Sentencing Commission recently adopted amendments to its Guidelines Manual, and they include some noteworthy changes. The proposed amendments were submitted to Congress on April 27, 2023. Absent Congressional action to the contrary, they will become effective on November 1, 2023.

Of note, the proposed amendments include the addition of Section 4C1.1 –

On Friday, July 21, 2023, DOJ announced it has reached a $377,453,150 settlement with Booz Allen Hamilton Holding Corporation (Booz Allen), the parent company of Booz Allen Hamilton, Inc., the large government and military contractor that also has commercial and international customers. DOJ alleged that Booz Allen violated the False Claims Act by “improperly billing

The U.S. Supreme Court will decide whether the Securities and Exchange Commission’s (SEC) in-house enforcement proceedings violate the Constitution, teeing up a decision that could curtail securities law enforcement and broadly undermine the power of the entire administrative state.

The Supreme Court agreed last month to review a Fifth Circuit ruling that struck down the

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

Last week, the Sixth Circuit and Supreme Court issued opinions on criminal law that could affect trial and sentencing strategy for white collar defendants in regulated industries.

District court discretion does not override the need for “the perception of fair sentencing” in the Sixth Circuit.

On June 22, 2023, the Sixth Circuit issued an opinion