Qui Notes: Unlocking the False Claims Act
Welcome to Qui Notes, Arnold & Porter's forum for all things False Claims Act (FCA). Here, you will find insightful commentary and news on FCA recoveries as they happen. Our interactive "recoveries map" and "statistics" pages show where the action is, both geographically and by industry. Basic concepts are covered in our glossary, but use tags and the search tool to find points of particular interest. Whatever your issue, our FCA experts will keep a steady stream of posts coming so you are never out-of-date. The FCA is a potential trap for anyone doing business with the government — we hope Qui Notes will help you unlock it. Thanks for visiting.
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April 5, 2024
“Stark” Differences: DOJ’s Renewed Focus on Stand-Alone Stark Law Violations
The Department of Justice is breathing new life into False Claims Act enforcement based on the Stark Law (Stark), 42 U.S.C. § 1395nn, also known as the Physician Self-Referral Law.
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March 26, 2024
“Willfulness” as “Knowledge of Illegality”: Second Circuit Adopts Prevailing Federal AKS Scienter Interpretation While Reviving State FCA Claims Over Potentially Different State AKS Scienter Standards
On March 12, 2024, the Second Circuit affirmed the dismissal of federal False Claims Act claims against pharmaceutical distributor McKesson Corporation and its related subsidiaries (McKesson), which were premised on federal Anti-Kickback Statute (AKS) violations — but the circuit court also reversed the dismissal of state FCA claims based on state anti-kickback violations.
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March 12, 2024
Court Declines to Dismiss FCA Suit Alleging Nationwide Vascular Clinic Chain Violated AKS Via Referral-Based Equity Allocations
On March 1, in three consolidated and intervened False Claims Act cases, Judge G. Murray Snow of the U.S. District Court for the District of Arizona denied the defendants’ motions to dismiss the United States’ claims that a nationwide chain of outpatient vascular clinics violated the Anti-Kickback Statute when allocating clinic equity interests to physician investors based on referral volumes.
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March 8, 2024
FCA Panel at ABA White Collar Conference Share Views on Schutte, Polansky, and New DOJ Pilot Program for Whistleblowers
The ABA White Collar Crime Conference took place this week in San Francisco and finished Day 1 strong with a panel of experienced practitioners and government officials discussing recent advancements in the False Claims Act (FCA) and whistleblower practice.
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