In U.S. ex rel. Fair Laboratory Practices Associates v. Quest Diagnostic, Inc., the Second Circuit upheld the dismissal of a health care fraud qui tam action because of ethical violations by one of the relators, who was formerly general counsel of defendant Unilab Corporation.

The former general counsel, along with two other former employees of Unilab, formed a partnership

Continue Reading Lawyers’ Ethical Violation Leads To Qui Tam Dismissal

In U.S. ex rel. Wolfson v. Park Avenue Medical Associates, the U.S. Attorney’s Office in the Southern District of New York entered into a $1 million False Claims Act settlement against three related companies for improperly billing Medicare for behavioral health services.  The settlement agreement provided that the defendants “admit, acknowledge and accept responsibility for” (1) billing Medicare for

Continue Reading Admission of Wrongdoing Requirement May Make SDNY Less Attractive to Qui Tam Relators

Earlier this week, the Department of Justice announced that it had recovered nearly $5 billion in settlements and judgments under the False Claims Act in fiscal year 2012.  The $4.959 billion figure was a new record for a single year, eclipsing the previous one-year record by $1.7 billion.

In breaking down the $5 billion in recoveries, Acting Associate Attorney General

Continue Reading Department of Justice Announces Record-Setting Year of False Claims Act Recoveries

In a recent Southern District of New York decision, Judge Jed S. Rakoff examined the original source exception to the False Claims Act’s (“FCA”) public disclosure bar.  In United States ex rel. Associates Against Outlier Fraud v. Huron Consulting Group, Inc., 2012 WL 506824 (S.D.N.Y. Feb. 16, 2012), the relator alleged that defendant Huron Consulting, through its control of
Continue Reading Federal Court Rules on Qui Tam Issue