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The Federal False Claims Act and the Anti-kickback laws are a dangerous one two punch: Pfizer settlement 2.3 billion in penalties.

Pfizer to pay $2.3 billion to resolve criminal and civil health care liability relating to fraudulent marketing and the payment of kickbacks: (1) Largest combined federal and state health care fraud settlement in the history of the Department of Justice; and (2) Resolution includes $1.3 billion in criminal fines and forfeiture and a combined federal and state civil False Claims Act settlement of $1 billion. The September 3, 2009, settlement is the third in which Pfizer signed a corporate integrity agreement (CIA). Realtors get $103 [...]

Fraud Enforcement and Recovery Act of 2009 Expands FCA

On May 20, 2009 the Fraud Enforcement and Recovery Act of 2009 (“FERA”) was signed into law by President Obama. FERA expands the reach of the False Claims Act (“FCA”). The Act overrules the Allison Engine and Bombardier precedent. FERA “clarifies” that the FCA covers claims for money or property irrespective of whether the claim was “presented” to a federal employee or official, whether the federal government actually had custody of the money or property or made payments, whether the submitter specifically intended to defraud the federal government, and whether the claim was submitted to the government directly or [...]

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