The Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted in 2010, is one of the most significant regulatory overhauls in the history of the United States since the Great Depression. It was introduced in response to the catastrophic financial crisis of 2008, aiming to bring greater stability and transparency to the financial industry. The law's provisions are designed to reduce risk, increase accountability, and provide robust consumer protections to…
The integrity of capital markets is paramount to supporting a fair and efficient financial landscape. Fraud and manipulation pose significant threats to the stability and fairness of these markets, potentially undermining investor confidence and economic growth. The U.S. Securities and Exchange Commission (SEC) is a pivotal institution in combating these issues, ensuring markets operate transparently and efficiently. The SEC's Mission The SEC was established in 1934 in response to the…
Blowing the whistle on fraud in the workplace can be a challenging decision, especially when considering the potential for retaliation and financial repercussions. However, the significant impact of the individuals who come forward and file qui tam lawsuits cannot be overstated. That is why Miller Shah LLP is committed to helping clients navigate the complex statutory schemes designed to protect whistleblowers and ensure accountability and integrity. What Is a Qui…
On July 30, 2024, Chief U.S. District Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania denied a request to appeal his interpretation of the Centers for Medicare and Medicaid Services' regulations from CVS Caremark Corp. ("Defendant" or "Caremark" or the "Company") in a qui tam lawsuit against the Company for falsely reporting prescription drug prices to the government in violation of the False Claims Act ("FCA"), 31 U.S.C.…
The False Claims Act (FCA) is a legal measure designed to protect the integrity of government expenditures. Enacted during the American Civil War in 1863, its primary purpose was to curb defense contractor fraud, an objective that has since broadened to encompass a range of fraudulent activities against the federal government. At Miller Shah LLP, we continue that commitment to justice by supporting whistleblowers who bring fraudulent activities to light…
On July 21, 2023, the Department of Justice (“DOJ”) announced that Booz Allen Hamilton Holding Corporation (“Booz Allen” or the “Company”), a Virginia-based provider of data analytics, digital solutions, and consulting services, has agreed to pay $377.45 million to resolve alleged violations of the False Claims Act, 31 U.S.C. §§ 3729–3733 (“FCA”). The settlement, one of the biggest procurement fraud settlements in DOJ history, specifically resolves allegations that Booz Allen…
On August 18, 2022, a District Judge in the United States District Court for the Southern District of California granted in part and denied in part the motion to dismiss the False Claims Act lawsuit against Abbott Laboratories, Inc. a/k/a Abbott Laboratories, Abbott Cardiovascular Systems Inc., and Abbott Vascular Inc., (collectively, “Abbott” or the “Company”), sustaining the federal claims but dismissing the state claims in the action. The False Claims Act,…
On August 29, 2022, Nathan C. Zipperian of Miller Shah LLP (www.millershah.com), counsel for Plaintiff-Relator, Gregory Kuzma (“Relator”) announced Northern Arizona Healthcare (“NAHC”), Flagstaff Medical Center (“FMC”), and Health First Foundation - Northern Arizona (formerly Northern Arizona Healthcare Foundation) (“NAHF”) (collectively, “Defendants”) agreed to pay a total of $4.5 million to settle a lawsuit alleging that a 2017 Medicaid Disproportionate Share Hospital (“DSH”) payment of approximately $4.775 million to FMC…
On July 20, 2022, Biogen, Inc. (“Biogen” or the “Company”), formerly known as Biogen Idec, Inc., agreed to pay $900 million to resolve allegations that the Company violated the federal Anti-Kickback Statute (“AKS”) and False Claims Act (“FCA”) by paying physicians to prescribe its Multiple Sclerosis (“MS”) drugs. After a decade of litigation, the parties agreed to settle just one week before trial was set to begin. The FCA allows…
On June 21, 2022, the Supreme Court of the United States granted certiorari in Polansky v. Executive Health Resources, a False Claims Act (“FCA”) lawsuit appealed to the Third Circuit after the District Court dismissed at the request of the government. The Supreme Court’s decision is anticipated to resolve a split among the circuit courts of appeal regarding the legal standard applicable when the Department of Justice (“DOJ”) moves to…
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