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Federal False Claims Act and Qui Tam Litigation

Unlike many treatises that focus solely on the plaintiff whistleblower or "relator," this book provides detailed, comprehensive coverage of the interests of all the participants in qui tam cases—the relator, the defendant corporation, the federal and state governments, and the courts. It also provides state-of-the-art analysis of the latest cases and whistleblower statutes, federal, state and municipal.
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ISBN: 9781588521330
Publisher: ALM
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In recent years, whistleblower lawsuits have led to billions of dollars in judgments and settlements, debarment from government contracts, and criminal prosecutions as the government and the public seek to root out fraud and abuse. In 2010, the Dodd-Frank Act created a new Securities and Exchange Commission Whistleblower Program, imposed a 3-year statute of limitations on FCA retaliation actions, and expanded protections for whistleblowers.

Federal False Claims Act and Qui Tam Litigation is a unique guide to this vital area. Unlike many treatises that focus solely on the plaintiff whistleblower or "relator," this book provides detailed, comprehensive coverage of the interests of all the participants in qui tam cases—the relator, the defendant corporation, the federal and state governments, and the courts. It also provides state-of-the-art analysis of the latest cases and whistleblower statutes, federal, state and municipal.

Topics include: evaluating the merits of a potential action; determining whether the relator would be barred or restricted from any recovery for retaliation; for plaintiffs, locating a favorable judiciary and an aggressive prosecutor's office; for defendants, anticipating, preventing and responding to litigation; determining whether a claim is material; theories of liability under the FCA; government indifference or concurrence with erroneous certification; assessing an appropriate relator's share of any recovery; parallel criminal actions; and more.

Each chapter concludes with detailed analysis of the strengths and weaknesses of significant cases for the relator, the defense, the government and the judiciary. This is a book that will help all parties understand and master the challenges of this important and growing field.

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Table of Contents


CHAPTER 1

Scope and Introduction



CHAPTER 2

History of the False Claims Act



CHAPTER 3

What Constitutes a Claim



CHAPTER 4

Substantive Violations



CHAPTER 5

Healthcare Fraud Cases Under the FCA



CHAPTER 6

Other Kinds of Fraud Cases Under the FCA



CHAPTER 7

Protection from Retaliation



CHAPTER 8

Jurisdiction, Venue, and Other Threshold Issues



CHAPTER 9

Pretrial Procedures, Discovery, and Appeals



CHAPTER 10

Pitfalls of Filing Suit



CHAPTER 11

FCA Damages and Penalties



CHAPTER 12

Defending and Preventing Suit



CHAPTER 13

Settlement, Attorney's Fees, Relator Share, and Dismissal



CHAPTER 14

State and Municipal False Claims Acts and Other Whistleblower Statutes



CHAPTER 15

Non-FCA Federal Whistleblower Programs



Appendix

Table of Abbreviations

Index