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False Claims Act Penalties to Increase
The False Claims Act 31 U.S.C. 3729 imposes treble damages and civil penalties for submitting false or fraudulent claims to the government. The FCA statute states that the defendant is subject to a penalty of between $5,000 and $10,000 for each false claim submitted. This amount is, according to the FCA, adjusted pursuant to the […]
DRUG PRICE FRAUD – Cheaters Gonna Cheat
According to the Wall Street Journal, once again the Department of Justice is investigation drug companies for lying about the price of their drugs to the Medicaid program, a federal and state funded health care program for the poor. The United States Attorney’s Office for the Eastern District of Pennsylvania and the United States Department […]
US Charges Pharma President
The Department of Justice wasted no time in showing that its new policy of going after individuals, not just companies, engaged in fraudulent conduct was for real. (See, Blog post DOJ to Focus on Individual Accountability for Corporate Fraud.) Late last week, October 29, 2015, the government charged the former president of a subsidiary of […]
DOJ to Focus on Individual Accountability for Corporate Fraud
DOJ to Focus on Individual Accountability for Corporate Fraud The U.S. Department of Justice announces that holding individuals accountable for corporate fraud is a top priority. In a seven-page memorandum, released September 9, 2015, Deputy Attorney General Sally Quillian Yates, announced new guidelines focusing on individual accountability for corporate misdeeds. The Memorandum states that focusing […]
Illinois Looks to Improve Eyewitness Line-up Procedures
Chicago – As most of us know by now, eyewitness identifications are notoriously bad. Mistaken identifications by eyewitnesses account for the vast majority, roughly 85%, of wrongful convictions, according to some reports. Eyewitness misidentification is considered the single greatest cause of wrongful convictions. The State of Illinois alone has in fact released 21 individuals erroneously […]
Courts Disagree on the Meaning of “Public Disclosure”
Chicago – The False Claims Act places several restrictions on a person’s ability to pursue a qui tam case on behalf of the government. One of these restrictions is known as the “public disclosure bar”. The definition of public disclosure was recently addressed in the case of United States, et al. v. Whipple, et al. […]
Court finds Mandatory Prison for Gun Possession Unconstitutional
Chicago – The Illinois Supreme Court finally issued its opinion addressing a number of aspects of the Illinois Aggravated Unlawful Use of a Weapon Statute, 720 ILCS 5/24-1.6. The Court found most importantly the mandatory prison sentencing provision unconstitutional under section (d)(2). Accepting an argument that I advanced in my representation of clients charged with […]
Court Rules on False Claims Act’s Public Disclosure Bar
Chicago – In a case that has been before the Court of Appeals for the third time and before the United States Supreme Court twice, the relator appealed the district court’s dismissal of her qui tam case based on the False Claims Act’s public disclosure bar. Fortunately, for the relator, the Court of Appeals reversed. […]
Army Sexual Harassment – What is it?
What is Army Sexual Harassment? With all of the recent news concerning sexual harassment this article will help you understand what the Army Sexual Harassment Policy prohibits. Army Regulation 600-20, Chapter 7-4, Prevention of Sexual Harassment defines sexual harassment is defined as: Sexual harassment is a form of gender discrimination that involves unwelcomed sexual advances, […]
Court Orders Re-sentencing for 15-year-old
Chicago, Illinois A fifteen year old was charged and convicted of aggravated criminal sexual assault, rape. The defendant was tried as an adult and sentenced to 36 years in prison, of which he will have to serve 85%. The Illinois Court of Appeals reversed, finding that the defendant’s confession was wrongly admitted, and that the […]