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False Claims Act Statistics, News & Analysis

  • 19
  • December
  • 2017

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Escobar Makes No Dent in Criminal Materiality Rules in Fourth Circuit

Last year, we wrote about a then-pending criminal wire fraud case, United States v. Raza, and the potential impact that Escobar’s materiality holding might have on its outcome. The Fourth Circuit recently issued its opinion, deciding that Escobar, if it had any application whatsoever in the criminal law context, did not upset long-held understandings of the objective materiality standard.

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False Claims Act Cert. Monitor: Who Is the State? Solicitor General Asked to Weigh in on FCA Liability of State-Affiliated Medical and Education Entities

There's a strong chance the Supreme Court will grant certiorari on the fourth FCA issue in the past few years. This time, the most likely candidate for review is an important question for state-affiliated universities and hospitals facing FCA claims: When are state-affiliated entities liable under the FCA? With three petitions on this issue, coming from both the defense and relators’ bars, and the Court calling for the views of the Solicitor General (CVSG) in one case, the chances look decent for a grant on this issue in the upcoming term. Also before the Court are two petitions related to the public disclosure bar, the latest petition on whether Rule 9(b) requires relators to plead specific false claims with particularity, and a pro se petition about the relationship between restitution for criminal charges and damages under the FCA.

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  • 31
  • August
  • 2016

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Escobar: It’s Material to Criminal Lawyers, Too

What does the civil False Claims Act offer to criminal defense practitioners -- turns out, quite a bit, as recent FCA cases have had the potential to reshape the criminal law. Escobar is a case-in-point given that the "new" materiality standard provides ammunition to criminal defendants. Today we discuss two such cases, both related to 18 U.S.C. § 1343 (Wire Fraud).

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