False Claims Act & Qui Tam
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False Claims Act (FCA) investigations and litigation can be among the most consequential matters faced by companies and their boards. Paul, Weiss has successfully represented a wide range of clients in FCA and other matters involving allegations of government fraud. Our team offers an unparalleled combination of litigation expertise and senior government experience.
The DOJ recently announced a settlement in an FCA case involving a medical testing company that included a parallel settlement with the company’s minority owner, a private equity firm. The settlement joins a growing number of similar FCA cases taking aim at private equity firms based on their involvement with or ownership of portfolio companies.
The DOJ recently announced its first civil settlement with a borrower for allegedly committing fraud in obtaining a Paycheck Protection Program (PPP) loan, in violation of the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA).
- White Collar & Regulatory Defense
- False Claims Act & Qui Tam
- Coronavirus (COVID-19) Resource Center
- Justin Anderson
- Robert A. Atkins
- Andrew C. Finch
- Michael E. Gertzman
- Roberto J. Gonzalez
- Jeh Charles Johnson
- Brad S. Karp
- Loretta E. Lynch
- Jeannie S. Rhee
- Richard C. Tarlowe
- Mariela Cisneros
- Andrea M. Keller
- Eliza Strong
The CARES Act and other COVID-19 relief measures have brought new focus on the False Claims Act, a potent tool used by the government and private whistleblowers for pursuing government fraud claims. This memo provides a primer on the key aspects of FCA civil and criminal liability, identifies the primary areas of risk under the CARES Act and discusses strategies for mitigating FCA exposure.
U.S. Supreme Court Holds That False Claims Act Relators May Have up to 10 Years to File Suit, Regardless of Government Intervention
On May 13, 2019, the Supreme Court unanimously held in Cochise Consultancy, Inc. v. United States ex rel. Hunt that the limitations period in Section 3731(b)(2) of the False Claims Act applies in all qui tam suits where the provision’s requirements are met, regardless of whether the United States intervenes.
Paul, Weiss secured a victory for Citigroup Inc. and Citigroup Global Markets Inc. when New Jersey False Claims Act claims against them were dismissed without prejudice.
Paul, Weiss won the dismissal with prejudice of California False Claims Act claims against Citigroup Inc. and Citigroup Global Markets Inc.
U.S. Department of Justice announced that it and several other federal agencies are forming a “Procurement Collusion Strike Force” to investigate and prosecute collusion, including bid rigging, among companies and individuals involved in government procurement at all levels. The creation of the new strike force serves as a reminder that government contractors should strongly consider evaluating their antitrust compliance programs to ensure their effectiveness.