Law.com Subscribers SAVE 30%

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

Medical Malpractice Law & StrategyKickerFeaturesTopicsLitigationSectionsNewsLJN Newsletters

Gathering Evidence in Qui Tam Actions

By Joel Androphy, Ashley Gargour, Sarah Frazier and Rachel Grier
April 28, 2012

According to the federal government, while the act of gathering evidence creates a direct conflict between competing interests, the interest in disclosing the fraud generally outweighs the defendant's interest in keeping the fraud from being divulged. Submission of the United States as Amicus Curiae in Support of Relator's Motion to Dismiss the Counterclaims of Defendant Midwestern Regional Medical Center, Inc. at 7, U.S. ex rel. Grandeau v. Cancer Treatment Ctrs. of Am., 99-C-8287 (E.D. Ill. Apr. 2, 2004) (“Implicit in the very purpose of the statute is an assumption that individuals who become qui tam relators possess and are willing to disclose to the government inside evidence of fraud ' whether in the form of documents or other information ' that their employers or other potential FCA defendants would rather that relators not disclose to the government.”). How can the relator strike the right balance?

Employer and Employee

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
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.

Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing Image

A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.