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The New IRS Whistleblower Program

Recently, our friends at the IRS instituted a far more generous program whereby those who blow the whistle on tax fraud can share in any proceeds the government collects. The old program it had utilized for years continues in operation, but the new program is far more generous and there are other advantages as well. […]

Iqbal And Qui Tam Relators

On May 18th, 2009, the Supreme Court handed down an important decision for relators, even though it had nothing to do with the FCA. In Ashcroft v. Iqbal, — U.S. —, 129 S.Ct. 1937 (2009), the Court perhaps significantly enhanced the ability of defendants to succeed on motions to dismiss qui tam complaints. While it […]

Rebirth Of The Cid?

While much attention has been focused on the new amendments to the False Claims Act as a result of FERA, most of this discussion has concentrated on the “sexy” changes implemented by the amendments–e.g., overruling Allison Engine and Totten and expanding the definitions of “claim” and “overpayment.” Less dramatic are the modifications to 31 U.S.C. […]

Beginning in March, 2007, CMS began a program to replace its UB-92 form. The UB-92 was the form employed, both in paper and electronic formats, for billing the Medicare system by institutional providers such as hospitals, home health agencies, nursing homes, etc. In terms of DOJ/relator False Claims Act (“FCA”) prosecutions based on UB-92 claims, […]

The relators’ bar is well acquainted with facing motions to dismiss predicated on the complaint being based on publicly disclosed information, and the relator failing to qualify as an original source. See 31 U.S.C. section 3730(e)(4)(A) & (B). Such motions can be filed on behalf of the government or the defendant, or both. If successful, […]

In the aftermath of its 2008 $75 million qui tam settlement with Medronic, Inc., which had acquired Kyphon, Inc., the Department of Justice is now beginning investigations and negotiations with individual hospitals seeking further recoveries under the False Claims Act. At issue is a procedure called “kyphoplasty,” which involves a minimally invasive procedure inserting a […]

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