Category Archives: False Claims Act

Yes, Maybe the Government Does Hate the Attorney-Client Privilege—The Challenge of Protecting the Privilege for Civil Investigative Demands

With all the talk in the media about grand jury subpoenas, it’s important to understand that subpoenas aren’t the only way that the government can demand documents and testimony. One of the little-known but often-used methods is a Civil Investigative … Continue reading

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Health Care Fraud 101

On July 13, 2017, the Department of Justice issued a press release touting “the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force.” Most likely, none of these case will be particularly complex. DOJ loves to … Continue reading

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Fifth Circuit Takes a Goldilocks Approach to False Claims Act Standard for Imputing Knowledge to Corporation

The Department of Justice is always busy prosecuting fraud related to government contracts. The two obvious reasons why this is a DOJ priority are (1) a lot of public money is spent through government contracts, and (2) the size and … Continue reading

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New SBA Rule Changes the Playing Field for Criminal and Civil Contracting Fraud Cases

According to its mission statement, the Small Business Association is supposed to “aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation.” A … Continue reading

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