The False Claims Act (FCA) continued to be a key tool in 2022 for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. While the focus stayed largely on the healthcare industry, the risk to corporations of huge financial penalties under the FCA remains. The number of
Picking up where 2020 left off, the False Claims Act (“FCA”) continued to be a key tool in 2021 for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department obtained more than $5.6 billion in settlements and judgments in 2021, the largest amount since
The False Claims Act (FCA) continues to be a primary tool for both the Justice Department and whistleblowers’ counsel to bring suits against companies in the financial services sector, and the nationwide pandemic did not halt the investigation and litigation of these cases. Whistleblowers filed 672 new cases in 2020, comprising a significant percentage of
In the latest instance of courts interpreting the Supreme Court’s landmark False Claims Act ruling in Universal Health Services, Inc. v. Escobar, the Eleventh Circuit recently departed from the trend of giving great weight in the analysis of whether a violation was material to the fact that the government continued payment, finding that other
Both the Justice Department and an array of whistleblowers’ counsel continue to use the False Claims Act (FCA) to bring suits against banks and mortgage companies, even though recoveries in the financial services sector were scant in 2019. To keep you informed on the status of the law, Bradley’s Government Enforcement and Investigations Practice Group
This week, the Department of Justice (DOJ) formalized and expanded its guidance for how defendants can earn cooperation credit in False Claims Act (FCA) cases and thereby reduce settlement amounts. New section 4-4.112 of the Justice Manual outlines three ways entities and individuals facing FCA claims can potentially earn credit—through voluntary disclosures, cooperation, and remedial
Though recoveries from the financial services sector fell drastically in 2018, the Justice Department and a veritable army of whistleblowers’ counsel continue to use the False Claims Act (FCA) to bring suits against banks and mortgage companies. To keep you informed on the status of the law, Bradley’s Government Enforcement and Investigations Practice Group is
The Justice Department and a veritable army of whistleblowers’ counsel continue to use the False Claims Act (FCA) to bring suits against banks and mortgage companies. In 2017 alone, the Department of Justice obtained $543 million in FCA settlements and judgments from the financial services industry.
To keep you informed on the status of the
The Foreign Corrupt Practices Act of 1977 (FCPA) makes it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. On November 29, 2017, Deputy Attorney General Rod Rosenstein announced the addition of an FCPA Corporate Enforcement Policy to the U.S. Attorneys’ Manual,
The Seventh Circuit finally abandoned its “but-for” causation standard for False Claims Act (FCA) damages. The decision comes 25 years after the Seventh Circuit first adopted its controversial standard requiring only a showing that an injury would not have occurred if not for the conduct. The Seventh Circuit has long been the lone outlier among