Defining “Public Disclosure” Under The False Claims Act: How Loud Must The Whistle Be Blown?

Author: Collin L. Ryan, Associate Member, University of Cincinnati Law Review The term “whistleblower,” in general, refers to someone who informs on another’s illegal activities. The False Claims Act (FCA), for example, is one of several federal statutes that encourage individuals to disclose to the government their knowledge of another’s illegal activities, i.e., to blow... Continue Reading →

Tax Characterization of FCA Settlements: First Circuit Says, “No Agreement? No Problem.”

Author: Matt Huffman, Associate Member, University of Cincinnati Law Review On August 13, 2014, the First Circuit addressed an issue of first impression in Fresinius Medical Care Holdings, Inc. v. United States,[1] holding that a court may consider factors beyond a tax characterization agreement when determining the deductibility[2] of a settlement payment under the False... Continue Reading →

Why Not Protect Our Elderly, Our Pensioners, and Our State Treasury? The Case for an Ohio False Claims Act

Author: Erin M. Campbell, Esq. Nursing home residents left to wallow in urine- and feces-soaked beds; a resident suffering from an open bedsore the size of a cantaloupe when persistent and purposeful under staffing leaves residents unturned and in unchanged diapers; residents suffering from repeat scabies infections; residents suffering very high rates of falls and... Continue Reading →

150th Anniversary of the False Claims Act

Author: B. Nathaniel Garrett, Editor-in-Chief, University of Cincinnati Law Review President Abraham Lincoln signed the False Claims Act (FCA) into law 150 years ago on March 2, 1863, giving the United States a tool to combat fraud committed against the government.  At the time, it was mostly Civil War defense contractors perpetrating fraud against the... Continue Reading →

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