False Claims Act Insights explores how the U.S. government uses the False Claims Act (FCA) to stamp out fraud and corruption in government contracts. Each episode, Jonathan Porter, a former Assistant U.S. Attorney and currently a partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team, chats with preeminent guests to provide listeners with an up-to-date understanding of the FCA, including trends in recent litigation and compliance efforts. The show also explores those elements of the FCA that make it a uniquely powerful tool for the government against private business, including the Act’s utilization of whistleblowers and its qui tam provisions, as well as evolving theories of FCA liability that expand the boundaries of what the Act covers, including cybersecurity and so-called reverse FCA claims.
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False Claims Act Insights explores how the U.S. government uses the False Claims Act (FCA) to stamp out fraud and corruption in government contracts. Each episode, Jonathan Porter, a former Assistant U.S. Attorney and currently a partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team, chats with preeminent guests to provide listeners with an up-to-date understanding of the FCA, including trends in recent litigation and compliance efforts. The show also explores those elements of the FCA that make it a uniquely powerful tool for the government against private business, including the Act’s utilization of whistleblowers and its qui tam provisions, as well as evolving theories of FCA liability that expand the boundaries of what the Act covers, including cybersecurity and so-called reverse FCA claims.
Host Jonathan Porter welcomes to the show Husch Blackwell attorney Brandon Hall, a St. Louis-based member of the firm’s Healthcare group, to discuss how the Department of Justice’s reshuffling of priorities could lead to a greater focus on healthcare fraud enforcement. Jonathan and Brandon begin by exploring Brandon’s career prior to entering private practice, when he served as a sales representative for a medical device firm and how this background helped inform Brandon’s interest in and approach to the government’s efforts to regulate healthcare.
The conversation then pivots to the Eliminating Kickbacks in Recovery Act (EKRA), a criminal law enacted by Congress in 2018 as part of a larger package of legislation addressing the opioid crisis. EKRA, however, has broader implications, and Jonathan and Brandon dive into how it intersects with the False Claims Act and how its willfulness provisions and lack of a right of private action have impacted enforcement. They also discuss EKRA case law that has shaped how compliance programs operate and how courts have interpreted the law’s provisions, including its unique preemption scope vis-à-vis state law and other federal statutes.
With recent reports noting redeployment of DOJ resources toward greater healthcare fraud enforcement, EKRA could emerge as a key piece of criminal law that healthcare providers need to consider.
False Claims Act Insights
False Claims Act Insights explores how the U.S. government uses the False Claims Act (FCA) to stamp out fraud and corruption in government contracts. Each episode, Jonathan Porter, a former Assistant U.S. Attorney and currently a partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team, chats with preeminent guests to provide listeners with an up-to-date understanding of the FCA, including trends in recent litigation and compliance efforts. The show also explores those elements of the FCA that make it a uniquely powerful tool for the government against private business, including the Act’s utilization of whistleblowers and its qui tam provisions, as well as evolving theories of FCA liability that expand the boundaries of what the Act covers, including cybersecurity and so-called reverse FCA claims.
