Columbia University agreed to pay $9 million this week in settlement of a SDNY False Claims Act case alleging that it had submitted false claims in connection with federal grants funding AIDS and HIV related work. Columbia was the grant administrator on behalf of ICAP, an entity that received millions of dollars in federal grants
Litigation
DOJ Criminal Chief Caldwell Outlines New Joint Criminal-Civil Qui Tam Process
Leslie Caldwell, DOJ Assistant Attorney General for the Criminal Division, spoke to the qui tam relators’ bar at a Taxpayers Against Fraud conference last month, stating a new DOJ policy for criminal and civil division coordination of qui tam cases, starting with intake.
Taxpayers Against Fraud is an organization of whistleblowers and their counsel, which…
Dismissal Motions Filed In SDNY Computer Glitch Reverse False Claim Act Case

When does the 60-day clock start for an identified overpayment of federal funds to become a reverse false claim under amendments to the False Claims Act? A closely watched SDNY qui tam case may provide an answer.
In June, the United States and New York intervened in United States v. Continuum Health Partners, Inc., …
October Jury Trial in EDNY False Claims Act Case
False Claims Act cases do not often go to trial, so they are noteworthy when they do. EDNY Judge John Gleeson has scheduled an FCA jury trial in October, United States ex rel. Ryan v. Lederman. Earlier this year, the Court granted summary judgment to the government in part and scheduled the remaining issues…
Failure To Promptly Return Overpayments Arising From Computer Glitch Leads To False Claims Act Complaint
At the end of June, the U.S. Attorney’s Office in Manhattan filed a False Claims Act complaint against Beth Israel Medical Center, St. Luke’s-Roosevelt Hospital Center, and Continuum Health Partners, United States v. Continuum Health Partners, Inc., alleging that defendants had knowingly failed to return overpayments owed to Medicaid arising out of a…
A Refresher on Noncompetes for Health Professionals
A recent article in the New York Times examined the growth of noncompete agreements, noting “Noncompete clauses are now appearing in far-ranging fields beyond the worlds of technology, sales and corporations with tightly held secrets, where the curbs have traditionally been used. From event planners to chefs to investment fund managers to yoga instructors, employees…
Court of Appeals Upholds Comptroller Audit Of Non-Participating Provider’s Billing Records
The New York Court of Appeals decided last week, in Handler v. DiNapoli, that the State Comptroller has the authority to review the billing records of a non-participating provider receiving funds from the State’s primary health benefit plan, even though the payment of state funds is made indirectly.
New York State provides health…
False Claims Act Complaint Dismissed Where Defendant Followed State Regulations
A recent SDNY False Claims Act decision provides strong support for the argument that a false claim may not be based on conduct that follows federal or state rules and guidelines.
In United States ex rel. Doe v. Taconic Hills Central School District, relators alleged that the New York City Department of Education (“DOE”)…
Private Right of Action Recognized Under New York’s Prompt Pay Law
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United States Provides Supreme Court With Its View of False Claims Act Pleading Standard
On Tuesday, the United States filed an Amicus Curiae Brief on a closely watched petition for certiorari. The Department of Justice articulated the government’s view of the proper standard for pleading fraud in a False Claims Act case. The petition in United States ex rel. Nathan v. Takeda Pharms. N. Am. asked the Court to…