Whistleblower Law Blog

R. Scott Oswald, Managing Principal of The Employment Law Group® Publishes Article in The Rocket Docket News on Recent Developments in Qui Tam Litigation

The Employment Law Group® law firm’s managing principal, R. Scott Oswald, has published an article in The Rocket Docket News, entitled “Blowing the Whistle in 2012: New Developments in Qui Tam Litigation”. The article focuses on recent developments in the field of qui tam litigation including:

  • Recent interpretations of the Fraud Enforcement and Recovery Act of 2009 (FERA) which hold that no proof of specific intent to defraud is necessary to establish False Claims Act (FCA) liability.
  • How the Patient Protection and Affordable Care Act (PPACA) amends both the FCA and the Anti-Kickback Statute (AKS) by providing that claims submitted in violation of the AKS automatically constitute per se false claims under the FCA and that an individual “need not have actual knowledge or specific intent to commit a violation of the AKS.”
  • The implication that prosecutors need not rely on the implied false certification theory when litigating claims of AKS violations as such violations are now per se false claims under PPACA.
  • The continuing relevance of the implied false certification for all other types of FCA claims.
  • The effect of the Supreme Court’s recent decision in Schindler Elevator Corp. v. U.S. ex rel. Kirk on the public disclosure bar in qui tam suits.

The Rocket Docket News is the newsletter of the Northern Virginia Chapter of the Federal Bar Association. Mr. Oswald’s article appears in the publication’s Winter 2012 edition.

Mr. Oswald recently served as panelist in a presentation to the Northern Virginia Chapter of the Federal Bar Association. The Continuing Legal Education (CLE) seminar took place on March 7, 2012 and focused on recent legal developments for qui tam litigators, as well as the practical considerations of these developments in qui tam relator suit.

The Employment Law Group® law firm has an extensive nationwide whistleblower practice representing employees who have been victims of retaliation.

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