In United States ex rel. Vavra v. Kellogg Brown & Root, Inc. (Feb. 3, 2017), the Fifth Circuit held that under Section 8706(a)(1) of the Anti-Kickback Act — permitting recovery of twice the amount of each kickback plus $11,000 for each occurrence of a prohibited conduct — corporations are liable “for the knowing violations of
Patrick S. Brown
Top FCA Developments of 2016
By Brian Tully McLaughlin, Jason Crawford, Patrick S. Brown, Mary Kate Healy, Nkechi Kanu & Sarah Hill on
Posted in False Claims
Congress amended the civil False Claims Act in 1986 to give the statute more teeth as a fraud enforcement tool. Thirty years later, FCA litigation is as active as ever with more than 800 new cases filed in 2016, which is the second highest number of new cases on record. Not only was 2016 a…
The Top Ten FCA Decisions of 2015
By Brian Tully McLaughlin, Jason Crawford & Patrick S. Brown on
Posted in False Claims
“False Claims Act cases have been particularly hot in 2015”—so reads the opening line of an opinion in a FCA decision from the past year. This is an apt description for a year that saw total FCA recoveries exceed $3 billion, a sign that the FCA will continue to be the source of government and…