False Claims Act ("FCA") enforcement actions continue to be a high priority for the US Department of Justice ("DOJ") and are popular among civil plaintiffs (also known as whistleblowers) as well. Recent settlements and litigation under emphasize the ongoing need for comprehensive and effective compliance programs. This seminar will provide critical insight regarding:
- Innovations in government liability theories and expansion of FCA actions;
- How increased government investigative resources may impact your business;
- Lessons learned from recent FCA enforcement actions;
- Tools and best practices for preventing and identifying FCA risks and potential violations of law; and
- How to cope effectively with government investigations or private civil actions.
A panel of industry leaders and governance experts is being assembled by the Knowledge Group to discuss compliance policies, recent innovations, and best practices, among others. The False Claims Act Enforcement: Understanding the Legal Landscape LIVE Webcast is for Executives, Compliance Officers, and Corporate Counsel.
Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 2.0
Important Note: Your State Bar or Accounting Board will make the final determination with respect to continuing education credit. If you are applying for CLE credit in Texas you must register 20 days before the event date or you will not be able to obtain CLE credit.
Advance Preparation: Print and review course materials
Course Code: 103946
Linda A. Kontos
Assistant United States Attorney
John T. Boese
Of Counsel
Gregory M. Luce
Partner
Robert Vogel
Founding Partner
John T. Boese, Of Counsel, Fried, Frank, Harris, Shriver & Jacobson LLP
- The FERA Amendments and New Liability Issues Allison Engine, Materiality and Repayment
- The Status of "Public Disclosure and Original Source" after Graham County II and the 2010 Amendments
- CID Authority: The Effect of the New DOJ Rules on Defendants and Counsel
Linda A. Kontos, Assistant United States Attorney, Department of Justice
- Delegation of authority for issuing Civil Investigation Demands ("CIDs") by the Attorney General to the Assistant Attorney General, Civil Division; redelegation of authority to the
U.S. Attorneys; and the potential for increased issuance of CIDs for documents, interrogatories and oral testimony. See 31 U.S.C. § 3733(a)(1) (as amended by the Fraud
Enforcement and Recovery Act of 2009 ("FERA"); 28 C.F.R Part 0, p. 14070.
- Reverse false claims under FERA, 31 U.S.C. § 3729(a)(1)(G). Among other things, the reverse false claims subsection: (1) defines "obligation" to include an overpayment
and, thus, potentially creates liability for knowingly failing to return an overpayment; and (2) includes a materiality requirement, which is defined under FERA as "having a
natural tendency to influence, or be capable of influencing, the payment or receipt of money or property," and resolves a circuit split favorably to the Government. 31 U.S.C.
§ 3729(b)(4).
- The Patient Protection & Affordable Care Act (3/23/10) appears to have lowered the intent standard applicable to Anti-Kickback Statute cases, particularly in the 9th Circuit, and
may have legislatively overruled The Hanlester Network v. Shalala, 51 F.3d 1390 (9th Cir. 1995).
Gregory M. Luce, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
** Speaker Talking Points to be added soon.. **
Robert Vogel , Founding Partner, Vogel, Slade and Goldstein, LLP
- Along with the recent bail-out and health care reform legislation, Congress has a new-found focus on fraud and the False Claims Act, twice strengthening its provisions with
the possibility of more changes to come.
- The Act covers a broad range of conduct well beyond claims for goods or services not provided, reaching situations where someone has violated some other law or rule in
connection with a Government program, or where a person knowingly and improperly retains an overpayment.
- Although the Act only covers “knowing” misconduct that results in the Government paying out funds, the term “knowing” is defined to include “reckless disregard” or
“deliberate ignorance” of the facts.
- The consequences of violating the Act are severe, including treble damages, massive civil penalties, and the potential exclusion from participation in Government-funded
programs.
- The Act deputizes private citizens to bring enforcement law suits, known as “qui tam” suits, potentially turning a company’s employees and competitors into bounty hunters,
and the company into their target.
- Executives
- Compliance Officers
- Corporate Counsel
This is a must attend event for anyone interested in False Claims Act Enforcement.
- New guidance explained by the most qualified key leaders & experts
- Hear directly from key regulators & thought leaders
- Interact directly with panel during Q&A