Judge Kenney of the Eastern District of Pennsylvania, in Jonathan Meyer v ADS Clinics, LLC, No. 21-cv-5303, on February 10, 2026, rejected a most recent attempt to gut the qui tam provisions from the federal False Claims Act (FCA) based on the Appointments, Vesting and Take Care Clauses of Article II of the United States Constitution.
All of us were treated recently to the latest statistics from the Department of Justice for 2025. By all accounts it was a record year for both the Department of Justice and relators, over $6.8 billion in total recoveries, including some impressive resolutions obtained in non-intervened cases.
Takeaway: Laboratory fraud continues to be pervasive in the healthcare industry.
Every sector of the healthcare industry relies upon laboratory testing. Lab tests are used to diagnose virtually all illnesses and conditions ranging from the common flu to cancer.
In a move to fortify the Pennsylvania treasury’s defenses against fraud, Governor Josh Shapiro utilized his 2026-2027 Budget Address earlier today to call for the creation of a Pennsylvania state False Claims Act (“FCA”). Federal and state FCAs allow the government to seek enhanced damages against fraudsters and offer whistleblowers awards for exposing fraud against the government.
Takeaway: Wound care fraud is now one of the key enforcement priorities of the Department of Justice. An aging population, combined with Medicare’s pricing policies, nurtured an opportunity for Amniotic Allograft Fraud to explode.
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Takeaway: The Department of Justice (“DOJ”) continues to take customs fraud seriously. With the Department of Justice’s newly launched Trade Fraud Task Force, the government has signaled a zero-tolerance policy for customs evasion—particularly regarding Chinese goods. DOJ’s recent $54.
Late last month, the federal government announced a False Claims Act settlement with Summit BHC New Jersey, LLC, d/b/a Seabrook (“Seabrook”), a prominent New Jersey Drug & Alcohol Rehabilitation facility. The joint settlement with the New Jersey Attorney General’s Office, in the amount of $19,751,762.69, covered claims submitted by Seabrook under the Medicaid program and Department of Veterans Affairs benefit programs.
For at least five years, under both Republican and Democrat administrations, there has been a focus on private equity actors in the healthcare space. Since at least 2020, the Department of Justice (DOJ) has focused on private equity in enforcement efforts. In 2023, during the Biden administration, the Senate conducted a bipartisan investigation of the effect that private equity could have on the healthcare industry.
On February 14, 2025, the Commodity Futures Trading Commission (CFTC) signaled some “love” for whistleblowers and the future of the CFTC’s whistleblower program when announcing that Brian Young had been appointed as a new enforcement director. Young, whose career included a stint as a federal prosecutor, had most recently been the CFTC’s whistleblower chief.
When I litigated False Claims Act (FCA) cases at the U.S. Department of Justice (DOJ), it was common practice for settlements to require Corporate Integrity Agreements (CIAs) setting forth ongoing duties and responsibilities for corporate defendants entering a settlement with the DOJ. Sometimes, those CIAs included stipulated penalty provisions, which establish set penalty amounts for violations of the terms of the CIA.
If you are aware of any person, corporation or entity that you think may be violating the Federal False Claims Act or a State False Claims Act, contact us today.