Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Fifth Circuit <i>En Banc </i> Narrows FCA

BY James J. Graham
August 18, 2003

On April 1, 2003, the Fifth Circuit en banc filed an opinion that might seriously restrict the application of the False Claims Act (FCA) for the Department of Justice. United States v. Southland Management Corp., 326 F. 3d 669 (5th Cir. 2003) (en banc). The court en banc overturned a controversial decision by a divided panel last year that essentially eliminated the materiality element of the FCA.

On rehearing, the en banc panel decided the case on a new basis, essentially holding that certain types of claims submitted in the midst of an ongoing contractual dispute with the government are not subject to the FCA. This might stop the Department of Justice from using the Act as a remedy to recoup overpayments in certain cases and force the government to rely exclusively on its contractual remedies for any claims submitted during the dispute. The court's rationale ' questioning whether the claim is 'false' when the claimant is contractually entitled to payment ' would be equally applicable to federal criminal charge filed under the criminal statutes for False Claims, 18 U.S.C. ' 287 or False Statements, 18 U.S.C. ' 1001, and perhaps other criminal statutes sounding in fraud.

Background

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.