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Expert Analysis

Ambiguous Regulation May Not Preclude FCA Liability

By Michael Prendergast and Jerome Hoffman (June 22, 2017, 1:34 PM EDT) -- A recent appellate court ruling governing all federal court cases in Florida, Georgia and Alabama establishes that a defendant in a False Claims Act case cannot rely on a defense that there was no intent to defraud the government just because the defendant had a reasonable interpretation of an ambiguous government regulation. While the case involved a health care employer's alleged violation of Medicare regulations, the court's decision could apply to anyone required to certify their compliance with federal regulations when billing the government....

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