The False Claims Act “FCA”, enacted during the civil war, gave ordinary citizens the ability to sue in the name of The United States when they uncovered fraud. Mainly enacted as a rule to uncover fraud among defense contractors selling subpar equipment to the government, it has expanded to other areas including healthcare. Several landmarks cases such involving defense contractors in Afghanistan and a recent Supreme Court Ruling have brought into question the scope of the FCA. Companies who contract with the US government must be in the know with respect to the FCA issues in order to protect themselves against costly lawsuits.
This live webcast, brought to you by the Knowledge Group, will cover the most critical elements of the FCA & related issues including:
- Overview and background.
- Criteria for defining which employees are protected by the FCA.
- What employees have to prove and how should you respond.
- Post case issues – what to do after the ruling?
- Recent case studies – what went right and what went wrong.
- Up-to-the minute regulatory updates.
This webcast is a must attend event for any US Government contractors (Past, Present, Future). Millions are lost every year to whistleblower claims and lawsuits. A thorough understanding of the FCA will help you protect your company. Our team of experts will break down the most important issues so that you will be in the know with respect to the most critical concerns. Join this course by clicking “Register” below. Advanced registration is recommended as enrollment is limited for this course. Significant discounts apply for early registration.
Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 1.75 - 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:109004
Joseph E. B. White, Esq.
Partner (Former President of Taxpayers Against Fraud (TAF)
Danielle Y. Conley
Of Counsel
Kathleen McDermott
Partner
Robert S. Salcido, Esquire
Partner (Former Trial Attorney, U.S. Department of Justice in the Civil Fraud Unit)
Yvonne Craver
Partner
- Recent legislation greatly expanded the reach of the False Claims Act to reach modern fraud schemes. What activities are now covered by the False Claims Act?
- The amended False Claims Act empowers the Government with an unparalleled investigative tool. What is this fraud-fighting weapon and how can it be used?
- The recent Health Care Reform Bill weakened a traditional litigative defense for False Claims Act defendants. What was this defense and how will this impact future cases?
- The Health Care Reform Bill provided additional resources to fight health care fraud. Why should all health care providers pay special attention?
- Nearly $27 billion have been recovered under the False Claims Act in the last twenty-five years. Why is this number just a drop in the bucket compared to the next 25 years?
- The Obama Administration's recent enforcement initiatives to crack down on health care fraud. Specifically, I will discuss the Health Care Fraud Prevention and Enforcement Action Team, also known as “HEAT,” which is a senior-level joint task force of the Department of Justice and the Department of Health and Human Services. I'll address how the HEAT Strike Force Teams are changing the landscape of FCA investigations and how DOJ recoveries under the FCA are rising as a result of these new initiatives.
- The March 2010 rule change regarding Civil Investigative Demands, and how this change will affect government FCA investigations of corporations.
- FERA Amendments to the FCA. Specifically, I will discuss how these amendments significantly broaden liability under the FCA and strengthen protections for whistleblowers. I will focus on the amendments that have key implications for health care providers.
- The False Claims Act has been amended in 2009 and 2010 in seminal reform legislation designed to support government anti-fraud initiatives and encourage the greater use of the private citizen qui tam provisions. The amendments have significantly changed the assessment of liability in certain types of cases and the strategies in defending investigations and litigation. A panel of nationally recognized False Claims Act practitioners will explain the seminal changes and offer perspective to litigation and compliance strategies, including:
- 2010 Health Reform amendments to the False Claims Act and compare to 2009 amendments.
- Increased exposure in health industry for overpayment and anti-kickback liability.
- Expanded whistleblower jurisdiction to pursue False Claims Act cases.
- Use of civil investigative demands (CID) and impact on False Claims Act investigations.
- Recent federal cases on the False Claims Act – a judicial pushback to novel theories?
1. Liability: The False Claims Act has broad applicability to all federal programs, and imposes liability not only for intentional fraud, but also for "knowing" misconduct in connection with federal programs.
2. Damages: The False Claims Act imposes treble damages and penalties, which can spell tremendous potential monetary exposure in many situations.
3. Qui Tam enforcement: The False Claims Act is enforced not only by the Department of Justice, but also by qui tam plaintiffs who are seeking a bounty. It is important for all entities participating in federal programs to understand how the qui tam mechanism works.
4. Defending the Qui Tam Lawsuit: The principal tools in the defendant's toolkit to defeat qui tam claims are Rule 9(b), the Public Disclosure bar, and the truth.
5. Avoiding FCA Liability: The best strategy is to have a strong compliance program, to avoid any activity that might be viewed as violating the False Claims Act, and to take common-sense steps to minimize the possibility of qui tam lawsuits.
· Understanding your exposure – many companies are now receiving federal dollars who have never received them before – beware!
· Addressing overpayments – costs of knowingly retaining overpayments can be steep
· Agencies receiving additional resources for government fraud investigations, prosecutions, and civil proceedings
- Senior Executives
- General Counsel
- Risk Executives
- Audit & Compliance Executives from Government Contractors and Healthcare Companies
- Attorneys and Consultants who advise clients on FCA related issues
This is a must attend event to highly affected professionals to get updated on the latest issues about the False Claims Act
- Detailed guidance explained by the most qualified key leaders & experts
- Hear directly from key regulators & thought leaders
- Interact directly with panel during Q&A