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Top Ten Non-Healthcare False Claims Act Recoveries of 2021

Posted  01/7/22
Abe Lincoln
Our roundup of 2021’s Top Ten Non-Healthcare False Claims Act (FCA) recoveries illustrates the statute’s continuing capacity to fight both conventional and emergent frauds straddling a variety of industries. In 2021 alone, the United States recovered hundreds of millions in taxpayer funds obtained through false claims tainted by textbook contracting fraud schemes (overbilling on government contracts, selling the...

Top Ten Whistleblower Awards of 2021

Posted  01/6/22
Red Whistle with People
2021 was another banner year for whistleblowers, who once again collectively recovered billions of dollars for the government and hundreds of millions of dollars in whistleblower rewards under the various government whistleblower programs.  This includes awards under the qui tam provisions of the federal False Claims Act and various state False Claims Act programs.  It includes awards under the Dodd-Frank SEC...

Catch of the Week: Privatized Military Housing Contractor Pays Over $65 Million to Resolve Criminal and False Claims Act Allegations

Posted  12/23/21
Government contractors are held to high standards in the performance of their contracts or services because of the direct impact to government services and taxpayer dollars at stake. Often fraud related to government contractors can negatively impact U.S. servicemembers or public servants who diligently serve our country. This week we focus on the over $65 million judgment and settlement reached between the...

Annual Inflation Adjustment Raises False Claims Act Penalties

Posted  12/16/21
As of December 13, 2021, each separate violation of the False Claims Act exposes defendants to a per-claim penalty between $11,803 and $23,607.  The increase is part of the Civil Monetary Penalties Adjustment for 2021, a rule issued by the Department of Justice in accordance with the Bipartisan Budget Act of 2015 as part of annual adjustment for inflation.  The increase is small – the prior range was $11,665 -...

Catch of the Week: Archdiocese of New Orleans pays $1 million to Resolve Katrina-Related Allegations, Highlighting Importance of Enforcement in Disaster Recovery Fraud

Posted  11/19/21
New Orleans Jackson Square
We’ve covered this before: natural disasters and fraud against the government often go hand in hand. The government, through agencies and programs such the FEMA and the federally-backed flood and crop insurance programs, can distribute enormous sums of money very quickly in the wake of hurricanes, floods, tornadoes, and the like. Distributing lots of money quickly after natural disasters gets immediate help to...

Recent Settlements Show Kickbacks are Always a DOJ Enforcement Priority

Posted  11/15/21
Person Handing Hundred Dollar Bill to Another Person
The Department of Justice regularly highlights the areas of fraudulent conduct it intends to target as enforcement priorities.  These identified enforcement priorities tend to cover burgeoning areas of fraud or particular misbehavior especially ripe or prevalent because of the particular times we live in.  As might be expected, DOJ's current listing of priorities includes fraud related to the pandemic, opioids, the

Next Up: Infrastructure Oversight Week?

Posted  11/12/21
freeway bridge and crane
More than four years after “Infrastructure Week” was first announced by President Trump back in June 2017, Congress has finally passed an infrastructure bill and President Biden will soon sign it into law.  A staggering $1.2 trillion in taxpayer money will soon start flowing from the U.S. Treasury to private contractors to upgrade the nation’s roads, bridges, power grid, and other public works.  Is it too soon...

Attention Whistleblowers: DOJ Announces Cyber Fraud Initiative

Posted  10/7/21
On October 6, Deputy Attorney General Lisa Monaco announced that the Department of Justice will launch a Civil Cyber-Fraud Initiative to combat new cyber threats and hold accountable those “that put U.S. information or systems at risk by knowingly providing deficient cybersecurity products or services, knowingly misrepresenting their cybersecurity practices or protocols, or knowingly violating obligations to monitor...

Shining a Light on Fraud in the Energy Industry

Posted  10/1/21
This week brought not one but two newly announced False Claims Act (FCA) settlements with companies in the energy sector: (1) Oklahoma-based energy company Devon Energy Coporation settled claims it underpaid royalties for natural resources, and (2) National Grid, a utility company in New York settled claims it falsified reports to a local power authority to cover up mismanagement and wasted State electricity. The two...

Catch of the Week: CMS Suspends UnitedHealth and Anthem Medical Advantage Plans for Charging Too Much in Premiums

Posted  09/24/21
Medicare Card
CMS suspended three UnitedHealth Medicare Advantage (MA) plans and one Anthem MA plan this week for failing to meet federal Medical Loss Ratio requirements. The four plans – United of the Midwest, United of New Mexico, United of Arkansas, and Anthem’s MMM Healthcare – are prohibited from enrolling new members until 2023. MMM Healthcare is the largest MA plan in Puerto Rico, with more than 260,000...
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