On December 20, 2012, in the first major decision regarding the massive Medicare Part D program under the Federal False Claims Act (“FCA”), Judge Ronald Buckwalter denied CVS-Caremark’s motion to dismiss in U.S. ex rel. Spay v. CVS-Caremark, Corp., 2:09-cv-04672-RB (E.D. Pa). The whistleblower lawsuit was filed by an industry insider and licensed pharmacist, Anthony Spay, who alleged that… Read more »
Michael A. Morse will present, “False Claims and Overpayment Rule,” at AHLA’s Audits, Self-Disclosures, Recoupment & False Claims Bootcamp Webinar Series, Part II in Philadelphia, PA on December 7, 2012.
Marc S. Raspanti and Pamela C. Brecht will present, “North Carolina False Claims Act (WEBCAST),” at the North Carolina Bar Association CLE Program on November 27, 2012. Related Information: Program Information
Michael A. Morse will participate on the panel, “Leading Qui Tam Counsel,” at the Thirteenth Annual Pharmaceutical Regulatory and Compliance Congress and Best Practices Forum at the Grand Hyatt in Washington, DC on November 6, 2012. Related Information: Program Information
Background On September 5, 2012, the Second Circuit issued its decision in U.S. ex rel. Feldman v. Van Gorp., 2012 U.S. App. LEXIS 18667 (2nd Cir. Sept. 5, 2012), a case with important implications for the “materiality” standard under the False Claims Act (“FCA”) as well as the issue of how to properly calculate FCA damages. This… Read more »
Marc S. Raspanti will serve on the FCA Whistleblower Counsel Panel, “Candid Observations and Insights by Experienced Counsel,” at the AHLA/HCAA Fraud & Compliance Forum on October 1, 2012 in Baltimore, MD. Related Information: Program Information
Marc S. Raspanti, Meredith S. Auten and Christopher R. Hall, along with Washington, D.C. attorney Janet Goldstein, and Assistant U.S. Attorney Jeffrey W. Dickstein, have been appointed to serve as Co-Chairs of the ABA Qui Tam Substantive Committee of the Criminal Justice Section’s White Collar Crime Committee. They will serve a two-year term. The Qui… Read more »
On September 10, 2012, the United States filed a strong Statement of Interest in one of the first and largest suits involving fraud against the Medicare Part D Prescription Drug program (“Part D”), U.S. ex rel. Spay v. CVS-Caremark Corp, 2:09-cv-04672-RB (E.D. Pa) (Doc. No. 73). This statement, which describes the position of the U.S…. Read more »
Published in AHLA Connections (Sept. 2012) © 2012 American Health Lawyers Association. Reprint permission granted. Related Information: Who Is Enforcing the Stark Law of the United States?
On July 31, 2012, the U.S. Court of Appeals for the Fifth Circuit rendered an opinion in a case of first impression. The Court held that a federal employee, even one whose job it is to investigate fraud, is a “person” under the False Claims Act and may maintain a qui tam action. While other Circuits have… Read more »