On December 21, 2018, the US Department of Justice (DOJ) released its False Claims Act (FCA) recovery results for the fiscal year ending September 30, 2018. It was another strong year for FCA judgments and settlements for the DOJ, which recovered over $2.8 billion from civil cases involving false claims and other related fraud. There were 767 new FCA matters initiated in FY 2018, a decrease of fifty-eight from FY 2017. Continue reading False Claims Act Recoveries in FY 2018: A Quantitative Review
Healthcare, mortgage, and government contract fraud dominated fiscal year 2015 recoveries. This is the fourth consecutive year that the Department of Justice has exceeded $3.5 billion in recovery. Continue reading Justice Department Recovers over $3.5 Billion from False Claims Act Cases in Fiscal Year 2015
A recent Law360 article noted that federal prosecutors in 2014 netted more than $2 billion from fraud investigations in healthcare and life sciences. Whistleblower suits are on the rise, and the government recovered $1.9 billion more in 2014 than in 2013 in False Claims Act, Stark Law, and Anti-Kickback Statute violations. Continue reading Report Details $2.3B in 2014 Health Fraud Recovery
Two federal appellate courts have upheld awards of damages under the civil False Claims Act (FCA) (31 U.S.C. 3729) equal to three times the total amount of money paid under federal grants (US ex rel Longhi v US); US ex rel Feldman v van Gorp).
Continue reading False Statements in Federal Grant Applications Present a Risk of Significant Financial Exposure to Grant Recipients
Best Practices to Comply with the Price Reductions Clause and Other Post-Award Pricing Requirements
Perhaps the most debated and lamented post-award pricing requirement in a GSA and VA schedule contract is the Price Reductions Clause (PRC). Despite being cited as the basis for a number of infamous civil False Claims Act settlements involving GSA and VA Schedule contracts, there is very little information available in the public domain in the form of case law, audit guidance, or best practices pertaining to compliance with the clause.
Join The Coalition for Government Procurement and experts from Berkeley Research Group for a discussion regarding the systems, processes and controls necessary to comply with the requirements of the PRC and other post-award pricing considerations. The presentation will provide an overview of the requirements of the PRC and common misconceptions related to the clause. In addition, we will share best practices and strategies for minimizing PRC and other pricing compliance risks. Finally, we will discuss processes, controls, roles and responsibilities typically found in effective PRC monitoring systems.
Click here to register.
In October the Department of Justice released its FY 2012 data on civil FCA settlements. The data shows a surprising uptick in civil FCA settlements from prior years. In Government Fiscal Year (GFY) 2012, civil FCA settlements totaled $4.9 billion, which represented an overall increase of 62 percent from GFY 2011. Continue reading Insight into the Department of Justice False Claims Act GFY 2012 Settlement