5 Years After FERA, FCA Landscape Still Unsettled

Law360, New York (April 28, 2014, 5:40 PM EDT) -- Five years after Congress added even more bite to the already ferocious False Claims Act, some of the worst fears of government contractors and health care companies have come true, and experts say more threats loom as courts and regulators wrestle with how aggressively to apply new statutory language.

Approved in May 2009 by lopsided votes in Congress, FERA was ostensibly about safeguarding taxpayer funds that were rescuing the financial industry and stimulating the economy. But there were many other purposes, such as broadening definitions of fraud and overturning the U.S. Supreme Court’s Allison Engine decision, which curbed the False Claims...

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