Trial Court Pushes Back on “Fraud with Particularity” Requirement

Posted on January 25, 2017 in Rule 9(b)

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The Federal District Court for the Middle District of Florida appears  to have rejected recent direction from the Eleventh Circuit Court of Appeal to deny a motion to dismiss in a False Claims Act case. In United States ex rel. Napoli et al. v. Premier Hospitalists PL, et al. the... Continue Reading →

Tags: Clausen, False Claims Act, FCA, fraud, fraud with particularity, Jallali, Mastej, Napoli, Premier Hospitalists, Rule 9

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OIG Final Rule Significantly Expands Exclusion Authority

Posted on January 19, 2017 in Exclusion

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On January 12, 2017, the Department of Health and Human Services Office of Inspector General (“OIG”) published the “Health Care Programs: Fraud and Abuse; Revisions to the Office of Inspector General’s Exclusion Authorities” Final Rule (“Final Rule”) revising and expanding its authority to exclude individuals and entities from participation in... Continue Reading →

Tags: Abuse, ACA, Affirmative, Affordable Care Act, Authority, Changes, DOJ, Early reinstatement, Exclusion, Expand, False Claims Act, FCA, Final Rule, fraud, HHS, OIG, Permissive, regulation, Reinstatement, Revisions, update

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Eleventh Circuit: “Worthless Services” Claim Constitutional in Criminal Fraud Case

Posted on June 24, 2014 in Case Analysis, Criminal Fraud, Worthless Services

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The Eleventh Circuit ruled last week that a conviction for criminal health care fraud against the owner of nursing home facilities was constitutional. The Court held that the government’s “worthless service” theory of fraudulent billing was not unconstitutional.... Continue Reading →

Tags: criminal, Eleventh Circuit, fraud, worthless services

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April False Claims Act Update

Posted on April 15, 2013 in Legal Updates

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Introduction Three cases are addressed in a review of the False Claims Act decisions of the past month. The first, US v. Anchor Mortage Corp., is a significant Seventh Circuit case addressing the proper treble damages calculation under the statute. The second, US ex rel. Carter v. Halliburton, considers the application... Continue Reading →

Tags: Anchor Mortgage, Carter, False Claims Act, fraud, Halliburton, KBR, Keltner, overpayment, particularity, reverse false claim

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Ackerman v. Northwestern Mut. Life Ins. Co.

Posted on June 21, 2012 in Case Cites

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172 F.3d 467, cert. denied 528 U.S. 874, 120 S.Ct. 178, 145 L.Ed.2d 151, 68 USLW 3080, 68 USLW 3196, 68 USLW 3228 (U.S. Oct 04, 1999). The purpose of Federal Rules of Civil Procedure Rule 9(b), which requires that fraud be plead “with particularity,” is not, as some say, to give... Continue Reading →

Tags: Fed.R.Civ.P., Federal Rules of Civil Procedure, fraud, fraud with particularity, Rule 9(b)

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