$40 Million Settlement with Bitcoin Billionaire and Company Shows the D.C. False Claims Act’s New Tax Provision has Sharp Teeth

Takeaways:

  • The Office of the Attorney General for D.C. announced a $40 million settlement with Michael Saylor and MicroStrategy, Inc., marking the largest income tax recovery in D.C. history.
  • The resolution arose from a qui tam lawsuit filed under the D.C. False Claims Act relating to allegations of a longstanding income tax evasion scheme.

UK’s View Across the Pond at U.S. Whistleblower Program Success – Time to Incentivize Tipsters?

Several recent developments may spark a renewed effort to incentivize United Kingdom (UK)-based whistleblowers who frequently provide tips to U.S.-based agencies, such as the Security and Exchange Commission (SEC). The confluence of legislative developments, remarks by the director of the UK’s Serious Fraud Office (SFO), and the British Parliament’s focus on a scandal that rocked the post office may pave the way for new legislation providing incentives for tips to government authorities in the UK.

Whistleblowers – A Powerful Antidote to Private Equity Abuses in Healthcare?

Senate testimony focusing on the impact of the rising presence of private equity (PE) firms’ control of major healthcare providers touched on the “substantial overlap between the risks associated with private equity ownership of healthcare companies and the activities targeted by the False Claims Act (FCA), a federal law that establishes liability for individuals or companies that defraud governmental programs.” See O’Grady Statement.pdf (senate.gov).

FY 2023 False Claims Act Recoveries: $2.67 Billion in Recoveries and Over $349 Million in Awards to Whistleblowers

Takeaways:

  • FY 2023 saw the most FCA settlements and judgments ever.
  • $2.69B in total recoveries is an uptick from 2022’s down year but still below historical norms.
  • New non-qui tam cases surged to the highest in history as the Department of Justice’s pandemic fraud crackdown gains steam.

Kaiser Scores First-to-File Dismissal in Medicare Advantage Fraud Suit

Medicare Advantage Organizations have come under increased fire as their parent companies continue to acquire more healthcare practices across the country.  Experts suggest that this vertical integration has led to inflated Medicare spending, with providers facing new pressure to diagnosis chronic conditions that fetch more money for Medicare Advantage plans.

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