False Claims Act Year in Review 2013

01/21/2014

The False Claims Act, 31 U.S.C. §§ 3729, et seq., (“FCA”) continued to be a significant focus of government and whistleblower activity in 2013. The rate of FCA filings increased, resulting in a record number of private whistleblower suits filed in a single year – 752 qui tam suits in 2013 alone. The U.S. Department of Justice, moreover, reported more than $3.8 billion in settlements and judgments in FCA cases in fiscal year 2013. Although this amount was less than the amount recovered in fiscal year 2012, it was still the second highest recovery ever.

This 2013 Haynes and Boone False Claims Act Year in Review highlights key FCA developments, including significant actions taken by the United States, notable FCA settlements, and important judicial decisions analyzing and applying the statute. Our Review also identifies several issues that are now pending at the U.S. Supreme Court.

In 2013, Haynes and Boone defended healthcare providers, defense contractors, and individuals in
FCA investigations and lawsuits. We successfully resolved matters before litigation was filed, negotiated favorable settlements, and continued to defend our clients in active litigation. We also advised a number of contractors and healthcare providers regarding FCA compliance and other related issues.

In 2013, former Assistant United States Attorney Sean McKenna joined our group, bringing with him significant experience handling FCA and healthcare regulatory matters on behalf of the United States. Finally, members of our group were honored to be invited to speak in June 2013 at the American Bar
Association’s National False Claims Act and Qui Tam Trial Institute in Washington, D.C.

To read the publication, click on the PDF linked directly below. This report also was featured in the Financial Fraud Law Report. To read that version, please click on the Financial Fraud Law Report link also below.

2013-Year-In-Review-False-Claims-Act.pdf

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