False Claims Act Update & Alert

 
 

Taxpayers Against Fraud Education Fund | Washington, D.C. | WWW.TAF.ORG          
December 10, 2008

 
     
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Helicopter Maintenance FCA
L-3 Vertex Aerospace, a subsidiary of L-3 Communications Corp., has agreed to pay the U.S. $4 million to settle allegations it submitted false and inflated time records to the U.S. Army for helicopter maintenance and support at Camp Taji in Iraq for the period between March 2004 and August 2005. >> To read more
    

Court Asks for DoJ Input
The U.S. Supreme Court delayed its certiorari decision in Graham County v. U.S. ex rel. Wilson, and instead invited the U.S. Solicitor General to file a brief expressing the views of the United States. If the Court takes this case, it will address the circuit split on whether state administrative reports trigger the FCA public disclosure bar. >> To read more

Final FAR
Ruling
A final
Federal Acquisition Regulation (73 Fed. Reg. 67064) requires contractors and most subcontractors to disclosure to agency OIGs and contracting officers whenever they have “credible evidence” of criminal violations, a Civil False Claims Act violation, or a “significant overpayment.” >> To read more

Hearing the Whistleblower

What happened when patient Ellen Murray
complained to Florida's Medicare Fraud Control Unit that Sarasota dermatologist Michael A. Rosin was engaged in fraud?  Not a thing. Only when Murray joined with Rosin's office manager, Carolyn Ferrara, and filed a False Claims Act case, was action initiated.  In the end, Rosin was sentenced to 22 years in prison and ordered to pay $6.8 million. Whistleblowers Murray and Ferrara split a million dollars between themselves, their lawyer, and the IRS after four years of work. >> To read more

"Material Effect"
Ruling Upheld
The Ninth Circuit has affirmed the U.S. District Court for Central Dist. of California in U.S. v. Eghbal, in which the defendants were accused of violating the FCA by falsely certifying they had made sure that insured mortgage loans were going to buyers who had paid for their own down payments. The Ninth Circuit, applying the Supreme Court's Allison Engine decision, noted that FCA liability attaches to a false statement when it has a 'material effect' on the Government's decision to pay.  >> To read more