Sep 11, 2020 | False Claims Act, Government Investigations
Even throughout the COVID-19 pandemic, the federal False Claims Act (FCA) has remained one of the federal government’s top tools to investigate and punish alleged fraud, waste, and abuse in relation to federal programs, particularly federal healthcare programs. In...
Aug 31, 2020 | COVID-19 Related Law, Health Care, Medicare and Medicaid
On August 25, 2020, the Centers for Medicare & Medicaid Services (CMS) issued a press release regarding the strengthening of COVID-19 surveillance and the publication of interim final rule CMS-30401-IFC. Although the press release mainly addresses nursing home...
Aug 31, 2020 | False Claims Act
The Georgia Court of Appeals recently ruled on a case involving interpretation of the Georgia Taxpayer Protection False Claims Act (“TPFCA”), O.C.G.A. §23-3-120, et seq., which has not been the subject of many court opinions. The TPFCA authorizes the State of Georgia...
Aug 31, 2020 | Election Law, General, Non-Profit Organizations
As the 2020 elections heat up on the state and national level, voters likely will see more activity from certain non-profits – known as 501(c)(4) entities – that have increased in popularity in recent years and are allowed to engage in elections. Named for the...
Aug 31, 2020 | Administrative Law, Business Litigation, COVID-19 Related Law, FINRA
In light of the COVID-19 pandemic, courts and arbitration tribunals have been forced to grapple with how to safely conduct hearings while ensuring that the results of such hearings stand up to legal challenges. Back in May, we told you about a challenge to a FINRA...
Aug 31, 2020 | False Claims Act, Fraud Investigations, Government Investigations, Health Care, Medicare and Medicaid, White Collar Crime
The federal Anti-Kickback Statute (AKS), at its core, prohibits offering, paying, soliciting, or receiving any remuneration in exchange for federal healthcare program referrals. AKS violations carry potential criminal penalties, as well as civil and administrative...
Aug 21, 2020 | Administrative Law, COVID-19 Related Law, Government Investigations, Health Care
On August 19, 2020, Secretary of the U.S. Department of Health and Human Services (HHS) Alex Azar issued a third amendment to HHS’ Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 (Directive). The...
Aug 19, 2020 | Fraud Investigations, Government Investigations, White Collar Crime
Last week, the Criminal Division of the U.S. Department of Justice (DOJ) issued new guidance regarding enforcement of the Foreign Corrupt Practices Act (FCPA), wherein it addressed an inquiry by a United States investment advisor regarding its intent to pay a foreign...
Aug 13, 2020 | Fraud Investigations, Government Investigations, Health Care, White Collar Crime
On August 7, 2020, the U.S. Department of Justice (“DOJ”) announced the indictment of a psychiatrist and his office manager for allegedly importing and selling drugs not approved by the U.S. Food & Drug Administration (“FDA”). The DOJ alleges that for ten years,...
Aug 12, 2020 | Administrative Law, Business Litigation, FINRA
On July 20, 2020, the Financial Industry Regulatory Authority (FINRA) issued Notice 20-25, which amends the FINRA rules to require the assessment minimum fees in connection with all expungement requests. FINRA keeps track of broker-dealers’ and registered...
