On June 24, 2010, in United States of America et al. v. Roy Silas Shelburne, Case No. 09-00072, 2010 WL 2542054 (W.D. Va. Jun. 24, 2010), the Virginia district court denied the defendant’s motion to dismiss an action brought by the United States and the Commonwealth of Virginia, holding that the “FCA includes any fraudulent Medicaid claim that causes the government to lose money.”
Continue Reading...On June 21, 2010, the U.S. Supreme Court denied certiorari in Ortho Biotech Products, L.P. v. United States ex rel. Duxbury, No. 09-654, 2010 U.S. LEXIS 5091, thereby allowing a circuit split to continue on a question relating to the jurisdiction over a relator’s action. The Government did not intervene in this action, so this action was litigated solely by the relator. Under the FCA, where there has been a public disclosure of the allegations, the court only has jurisdiction over a relator’s action if the relator is an “original source” of the information and voluntarily provided the information to the Government.
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