Holding Rogue Employees Accountable Under The FCA

Law360, New York (November 3, 2011, 1:29 PM EDT) -- Corporate defendants in False Claims Act cases are often held responsible for submitting false claims, when in fact a rogue employee caused the submission of those claims by his or her employer. For example, companies with a decentralized sales force often rely on their sales representatives and territory managers to submit true and accurate paperwork to substantiate claims ultimately submitted by the company.

Where compensation is largely based on commission, field personnel may be incentivized to use false or falsely procured documents to support claims they...
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