FCA Alert

FCA Alert

Tag Archives: scienter

Federal District Court In Texas Orders Government To Disclose Facts Concerning Closed Criminal Investigation In Civil FCA Action; Law Enforcement And Work Product Privileges Do Not Apply

Posted in Articles
In civil False Claims Act cases in which the government has intervened, the government will often try to shield some documents from discovery based on a variety of privileges, including privileges generally asserted only by government agencies, such as the investigatory law enforcement privilege, the joint prosecutorial privilege, and the deliberative process privilege. Earlier this… Continue Reading

Relator’s Complaint Survives Motion To Dismiss In Home Health Care Case Concerning Referral Fees

Posted in Decisions Interpreting FCA Elements
On February 10, 2011, the United States District Court for the Eastern District of Virginia denied defendant MedStar Health Visiting Nurse Association’s (“MedStar”) motion to dismiss the relator’s second amended complaint, finding that the relator had pled sufficient facts to demonstrate scienter and shared intent to defraud the government for purposes of surviving dismissal. See… Continue Reading