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Dan Wenner and Danielle Corcione authored an article, "Escobar's Effect On False Claims Act Qui Tam Actions; Region By Region," for Business Crimes Bulletin, an ALM publication covering financial and white-collar crime. The article discusses Universal Health Servs., Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (U.S. 2016), which altered the landscape for False Claims Act (FCA) litigation. As Wenner and Corcione explain in the article, the FCA is designed to prevent private companies contracting with the government from knowingly submitting false or fraudulent claims for their services. The Act allows actions to be filed against the alleged wrongdoers in federal district court, and provides an incentive for whistleblowers to come forward and make such claims. These qui tam plaintiffs must be the "original source" of the information about the false claims and are rewarded by receiving a percentage of the ultimate payout.
As the article discusses, in Escobar, the Supreme Court instructed lower courts to scrutinize the materiality of the false statements to the government's decision to pay a claim; in doing so, the Court raised the bar for successful prosecution of qui tam claims. The authors explore key opinions throughout the country that discuss Escobar and its impact. In conclusion, Wenner and Corcione write, "Different circuits have started to take different tacks with claims based on the Supreme Court's opinion in Escobar. The opinion is relatively recent, so there will undoubtedly be more to come. But for now, qui tam litigants should be mindful of the changes to the pleading rules in their particular jurisdiction because of Escobar's lineage."
Day Pitney White Collar Partners Sarah Krissoff and John Vukelj authored an article for the New York Law Journal titled, "DOJ Seeks To Seize the Day With the KleptoCapture Taskforce."
On May 26, Washington, D.C. Counsel Steven Cash will be guest speaking at The University of Texas, Intelligence Studies Project "Texas Intelligence Academy."
Day Pitney Commercial Litigation and White Collar Partner Naju R. Lathia and Employment and Labor and Regulated Substances Attorney Daniel Pierre authored the article, "Proceed with Caution: NJ's Green Lighting of Recreational Cannabis May Require Detours," for the New Jersey Law Journal.
Day Pitney White Collar Partner Sarah Krissoff was featured in the Daily Mail U.K. article, "Ghislaine Maxwell is Set to be Under Surveillance by Specialist Prison Guards 'Who Can Handle Safety Concerns' Amid Fears She Could Be Targeted as a High-Profile Sex Offender After Previous Threats."
Day Pitney New York White Collar Partner Sarah Krissoff was featured in the Business Insider article, "The Craziest Thing About Seizing Russian Superyachts Is The US Has To Pay For Them, Biden's National Security Advisor Says on Hot Mic."
Day Pitney Press Release
New York Litigation Partner Sarah Krissoff was featured on Australia's "A Current Affair" television program discussing the $450 million superyacht, called the Amadea, that was boarded by Fijian Police as part of the U.S. Government's KleptoCapture Task Force.
Day Pitney White Collar and General Criminal Defense Partner Sarah Krissoff was featured in Reuters' Fast Take video titled, "Trump's Consequences for Ignoring N.Y. Subpoena."
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