Civil False Claims and Qui Tam Actions

Civil False Claims and Qui Tam Actions PDF Author: John T. Boese
Publisher: Aspen Publishers
ISBN: 9780735594944
Category : Fraud
Languages : en
Pages : 1970

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Book Description
Civil False Claims and Qui Tam Actions is an essential weapon for bringing or defending a qui tam action. This Fourth Edition, two-volume treatise provides comprehensive analysis of The Civil False Claims Statute and a balanced approach to every important aspect of case preparation and litigation -- from establishing the merits of a whistleblower claim to determining the formula for arriving at the qui tam plaintiff's award. Civil False Claims and Qui Tam Actions, frequently cited by the courts, is clearly and concisely written to: walk you, step-by-step, through each phase of case preparation, from the perspective of both plaintiff-relator and whistleblower defendant spell out the unique procedural requirements in a civil false claims action -- from the applicability of statute of limitation rules to the scope of discovery under a andquot;civil investigation demandandquot; by the federal government explain how to draft a whistleblower complaint collect, organize and interpret the controlling case law direct you to the relevant statutory whistleblower provisions, rules and regulations that apply to the issues under discussion analyze the legislative history of The False Claims Act and explains why it is essential to the success of a prosecutor's or defense's cause of action and alert you to emerging trends in civil false claims and qui tam actions For the best guidance on how to bring or defend a qui tam action, consult the civil false claims specialist - John T. Boese. John T. Boese is an expert author and litigation partner in the Washington, DC law office of Fried, Frank, Harris, Shriver andamp; Jacobson. with more than 25 years of experience in civil fraud cases, both as a former DOJ attorney and as defense counsel. In a clear and straightforward manner, he offers his expert analysis of recent developments on: The Supreme Court's decision on andquot;original sourceandquot; in Rockwell The recent trend by state legislatures to enact false claims laws that mirror the federal law. The andquot;presentmentandquot; requirement Corporate liability under The Civil False Claims Act Interpreting the public disclosure bar and original source requirement Challenges to sufficiency of FCA complaints under Rule 9(b) The Civil False Claims Act has captured the attention of any organization doing business with the federal government, for very good reasons: Virtually any person that receives, spends or uses federal money may be liable under The Civil False Claims Act. Private individuals, including employees can be whistleblowers on contractor fraud by bringing a qui tam lawsuit on behalf of the federal government - and receive up to 30% of any judgment or settlement. The courts have upheld highly creative claims brought under The Civil False Claims Act. Don't get lost in the maze of changing, complicated, and confusing qui tam provisions, whistleblower rules, and civil false claims regulations!

Civil False Claims and Qui Tam Actions

Civil False Claims and Qui Tam Actions PDF Author: John T. Boese
Publisher: Aspen Publishers
ISBN: 9780735594944
Category : Fraud
Languages : en
Pages : 1970

Get Book Here

Book Description
Civil False Claims and Qui Tam Actions is an essential weapon for bringing or defending a qui tam action. This Fourth Edition, two-volume treatise provides comprehensive analysis of The Civil False Claims Statute and a balanced approach to every important aspect of case preparation and litigation -- from establishing the merits of a whistleblower claim to determining the formula for arriving at the qui tam plaintiff's award. Civil False Claims and Qui Tam Actions, frequently cited by the courts, is clearly and concisely written to: walk you, step-by-step, through each phase of case preparation, from the perspective of both plaintiff-relator and whistleblower defendant spell out the unique procedural requirements in a civil false claims action -- from the applicability of statute of limitation rules to the scope of discovery under a andquot;civil investigation demandandquot; by the federal government explain how to draft a whistleblower complaint collect, organize and interpret the controlling case law direct you to the relevant statutory whistleblower provisions, rules and regulations that apply to the issues under discussion analyze the legislative history of The False Claims Act and explains why it is essential to the success of a prosecutor's or defense's cause of action and alert you to emerging trends in civil false claims and qui tam actions For the best guidance on how to bring or defend a qui tam action, consult the civil false claims specialist - John T. Boese. John T. Boese is an expert author and litigation partner in the Washington, DC law office of Fried, Frank, Harris, Shriver andamp; Jacobson. with more than 25 years of experience in civil fraud cases, both as a former DOJ attorney and as defense counsel. In a clear and straightforward manner, he offers his expert analysis of recent developments on: The Supreme Court's decision on andquot;original sourceandquot; in Rockwell The recent trend by state legislatures to enact false claims laws that mirror the federal law. The andquot;presentmentandquot; requirement Corporate liability under The Civil False Claims Act Interpreting the public disclosure bar and original source requirement Challenges to sufficiency of FCA complaints under Rule 9(b) The Civil False Claims Act has captured the attention of any organization doing business with the federal government, for very good reasons: Virtually any person that receives, spends or uses federal money may be liable under The Civil False Claims Act. Private individuals, including employees can be whistleblowers on contractor fraud by bringing a qui tam lawsuit on behalf of the federal government - and receive up to 30% of any judgment or settlement. The courts have upheld highly creative claims brought under The Civil False Claims Act. Don't get lost in the maze of changing, complicated, and confusing qui tam provisions, whistleblower rules, and civil false claims regulations!

United States Attorneys' Manual

United States Attorneys' Manual PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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Book Description


AHLA False Claims Act & The Health Care Industry

AHLA False Claims Act & The Health Care Industry PDF Author: American Health Lawyers Association
Publisher:
ISBN: 9780769884592
Category :
Languages : en
Pages :

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Book Description
This Third Edition of False Claims Act & the Health Care Industry has been prepared in response to False Claims Act (FCA) amendments, the surge of false claims litigation and recoveries, and the rapidly developing case law. It is intended to help health care lawyers, accountants, executives, and other professionals assess a company's potential exposure to false claims liability and reform company practices to reduce the risk of liability by providing a comprehensive analysis of the FCA and its interpretation. This new edition analyzes legislative changes to:The FCA's reverse false claims provision;The FCA's whistleblower retaliation provision; andThe FCA's public disclosure bar.In the wake of these changes, courts across the country, including the United States Supreme Court, have issued significant decisions that impact the operation of health care businesses. This book analyzes those decisions, addressing:Defenses that the defendant's claim is not "false;"Defenses that the defendant did not "know" that the claim or statement is "false;"Defenses that the defendant's knowingly false claims or statements are not "material" to the government's determination to pay;The status of actions where the relator's action repeats public information;And more.

Federal False Claims Act and Qui Tam Litigation

Federal False Claims Act and Qui Tam Litigation PDF Author: Joel M. Androphy
Publisher: Law Journal Seminars Press
ISBN: 9781588521330
Category : Law
Languages : en
Pages :

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Book Description
This book covers the merits of a potential action; determining whether the relator would be barred or restricted from any recovery for retaliation and more.

Advising the Qui Tam Whistleblower

Advising the Qui Tam Whistleblower PDF Author: Robin Page West
Publisher: American Bar Association
ISBN: 9781570738685
Category : History
Languages : en
Pages : 152

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Book Description


False Claims Act

False Claims Act PDF Author: James B. Helmer (Jr.)
Publisher:
ISBN:
Category : Fraud
Languages : en
Pages : 1469

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Book Description


Civil False Claims and Qui Tam Actions, 5th Edition

Civil False Claims and Qui Tam Actions, 5th Edition PDF Author: Boese
Publisher: Wolters Kluwer Law & Business
ISBN: 1543827136
Category : Fraud
Languages : en
Pages : 2650

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Book Description
Civil False Claims and Qui Tam Actions is an essential weapon for bringing or defending a qui tam action. This Fourth Edition, two-volume treatise provides comprehensive analysis of The Civil False Claims Statute and a balanced approach to every important aspect of case preparation and litigation -- from establishing the merits of a whistleblower claim to determining the formula for arriving at the qui tam plaintiff's award. Civil False Claims and Qui Tam Actions, frequently cited by the courts, is clearly and concisely written to: walk you, step-by-step, through each phase of case preparation, from the perspective of both plaintiff-relator and whistleblower defendant spell out the unique procedural requirements in a civil false claims action -- from the applicability of statute of limitation rules to the scope of discovery under a "civil investigation demand" by the federal government explain how to draft a whistleblower complaint collect, organize and interpret the controlling case law direct you to the relevant statutory whistleblower provisions, rules and regulations that apply to the issues under discussion analyze the legislative history of The False Claims Act and explains why it is essential to the success of a prosecutor's or defense's cause of action and alert you to emerging trends in civil false claims and qui tam actions For the best guidance on how to bring or defend a qui tam action, consult the civil false claims specialist - John T. Boese. John T. Boese is an expert author and litigation partner in the Washington, DC law office of Fried, Frank, Harris, Shriver & Jacobson. with more than 25 years of experience in civil fraud cases, both as a former DOJ attorney and as defense counsel. In a clear and straightforward manner, he offers his expert analysis of recent developments on: The Supreme Court's decision on "original source" in Rockwell The recent trend by state legislatures to enact false claims laws that mirror the federal law. The "presentment" requirement Corporate liability under The Civil False Claims Act Interpreting the public disclosure bar and original source requirement Challenges to sufficiency of FCA complaints under Rule 9(b) The Civil False Claims Act has captured the attention of any organization doing business with the federal government, for very good reasons: Virtually any person that receives, spends or uses federal money may be liable under The Civil False Claims Act. Private individuals, including employees can be whistleblowers on contractor fraud by bringing a qui tam lawsuit on behalf of the federal government - and receive up to 30% of any judgment or settlement. The courts have upheld highly creative claims brought under The Civil False Claims Act. Don't get lost in the maze of changing, complicated, and confusing qui tam provisions, whistleblower rules, and civil false claims regulations! Note: Online subscriptions are for three-month periods.

Corporate Internal Investigations

Corporate Internal Investigations PDF Author: Stephan Spehl
Publisher: Bloomsbury Publishing
ISBN: 1782250751
Category : Law
Languages : en
Pages : 454

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Book Description
Corporate Internal Investigations have become more and more important for businesses as a means to minimise business liability risks. These liability risks often result from a managerial failure to observe a particular regulatory code. For international businesses, the obligation upon management to supervise compliance does not stop at national borders and the introduction of whistle-blowing systems within businesses is only a small step in terms of minimising the risks. The greater challenge for businesses is to examine and analyse the findings of internal investigations, and this often calls for an internal investigation to be conducted internationally. Recent cases of law enforcement by national or international authorities against companies and individuals have highlighted the legal pitfalls and boundaries of Corporate Internal Investigations. The authors of this work offer an overview of the recurring legal questions regarding internal investigations in 13 different jurisdictions (Austria, Brazil, China, France, Germany, Great Britain, Indonesia, Italy, Mexico, Russia, Spain, Switzerland and USA). The book is especially concerned with the requirements for the initiation of internal investigations and the legal boundaries of different investigative measures. In addition, questions concerning data protection, employment laws, the conduct of interviews with employees and penalties for inappropriate employee conduct are described.

Crisis of Conscience

Crisis of Conscience PDF Author: Tom Mueller
Publisher: Penguin
ISBN: 0698405102
Category : Political Science
Languages : en
Pages : 610

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Book Description
"A call to arms and to action, for anyone with a conscience, anyone alarmed about the decline of our democracy." — New York Times-bestselling author Wendell Potter "Powerful...His extensively reported tales of individual whistleblowers and their often cruel fates are compelling...They reveal what it can mean to live in an age of fraud." — The Washington Post "Tom Mueller's authoritative and timely book reveals what drives a few brave souls to expose and denounce specific cases of corruption. He describes the structural decay that plagues many of our most powerful institutions, putting democracy itself in danger." —George Soros A David-and-Goliath story for our times: the riveting account of the heroes who are fighting a rising tide of wrongdoing by the powerful, and showing us the path forward. We live in a period of sweeping corruption -- and a golden age of whistleblowing. Over the past few decades, principled insiders who expose wrongdoing have gained unprecedented legal and social stature, emerging as the government's best weapon against corporate misconduct--and the citizenry's best defense against government gone bad. Whistleblowers force us to confront fundamental questions about the balance between free speech and state secrecy, and between individual morality and corporate power. In Crisis of Conscience, Tom Mueller traces the rise of whistleblowing through a series of riveting cases drawn from the worlds of healthcare and other businesses, Wall Street, and Washington. Drawing on in-depth interviews with more than two hundred whistleblowers and the trailblazing lawyers who arm them for battle--plus politicians, intelligence analysts, government watchdogs, cognitive scientists, and other experts--Mueller anatomizes what inspires some to speak out while the rest of us become complicit in our silence. Whistleblowers, we come to see, are the freethinking, outspoken citizens for whom our republic was conceived. And they are the models we must emulate if our democracy is to survive.

Health Care Fraud and Abuse

Health Care Fraud and Abuse PDF Author: Aspen Health Law Center
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 156

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Book Description
Stepped-up efforts to ferret out health care fraud have put every provider on the alert. The HHS, DOJ, state Medicaid Fraud Control Units, even the FBI is on the case -- and providers are in the hot seat! in this timely volume, you'll learn about the types of provider activities that fall under federal fraud and abuse prohibitions as defined in the Medicaid statute and Stark legislation. And you'll discover what goes into an effective corporate compliance program. With a growing number of restrictions, it's critical to know how you can and cannot conduct business and structure your relationships -- and what the consequences will be if you don't comply.