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 »
On August 21, 2012, the Securities and Exchange Commission (SEC) announced that an individual who had provided documents and other significant information in the investigation of a multi-million dollar securities fraud scheme had been awarded nearly $50,000. This is the first pay-out from a new SEC program designed to reward people who provide evidence of… Read more »
On August 28, 2012, the DOJ announced that Jawad Ahmad, a Detroit area resident entered a plea of guilty for his role in managing a $13.8 million psychotherapy fraud scheme. He is scheduled to be sentenced on November 28, 2012, and faces a maximum potential penalty of 10 years in prison and a $250,000 fine…. Read more »
In U.S. v. Alderson, 686 F.3d 791 (9th Cir. July 18, 2012), a case of first impression, the Ninth Circuit Court of Appeals found that a relator’s share should be treated as ordinary income for tax purposes rather than as capital gain. Given the lack of authority for both the qui tam relator and the Government’s positions, the… Read more »