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 »
Please note: This is the second article in a two-part series discussing North Carolina’s False Claims Act. The first article discussed the Federal False Claims Act and its state counterpart as passed by the legislature in North Carolina. North Carolina’s False Claims Act has a more stringent “first-to-file” provision than its federal counterpart. The federal… Read more »
Please note: This is the first of two articles about North Carolina’s False Claims Act. Since the passage of the North Carolina False Claims Act in 2009, which became effective Jan. 1, 2010, North Carolinians have had a powerful weapon to combat fraud against their tax dollars and to return these funds to the state… Read more »
Joseph D. Mancano will present on “Fraud Trends in the Health Care Industry” at the 2012 PICPA Health Care Conference on June 11-13 in Lancaster, PA. Related Information: Program Information
Marc S. Raspanti will present “Recent Developments in FCA Liability” at the ABA National Institute on Civil FCA and Qui Tam Enforcement on June 7, 2012 in Washington D.C. Panelists include: Michael Granston; Daniel Meron; Marc S. Raspanti; Linda Wawzenski Moderator: Jonathan L. Diesenhaus This panel will concentrate on developing liability issues in the past year, including the… Read more »
Marc S. Raspanti will participate on the panel “Litigating the Healthcare Qui Tam” hosted by the Allegheny County Bar Association’s Federal Court Section. Mr. Raspanti will be presenting Healthcare Qui Tams from the Relator’s Perspective. Date: Thursday, May 24, 2012 Time: 03:00 PM till 05:00 PM Location: US Post Office and Courthouse, Jury Selection Room Related Information:… Read more »