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Qui Tam

Virginia Qui Tam Law

Dedicated to qui tam practice in Virginia under the Virginia Fraud Against Taxpayers Act and the Federal False Claims Act.
By Zachary A. Kitts

Post Frequency: 0.8/day

Last Entry: July 06, 2010 at 16:56:00

How The Mighty Have Fallen: Restrictions Are Upheld for Executives in Purdue Pharma OxyContin Case

Posted on January 27, 2009
An administrative law judge has upheld a decision barring three former Purdue Pharma executives from participating in federal healthcare programs for 15 years, the Department of Health and Human Services announced last Friday, according to the New York Times...

Eli Lilly Agrees to Pay $1.4 Billion to Settle Qui Tam Claims Brought by the United States and 26 States--Unfortunately, Virginia is Not Among Them

Posted on January 27, 2009
For the first time, a qui tam settlement has topped the $1 billion mark. Late last week, Eli Lilly announced that it had agreed to pay a total of $1.4 billion to the United States and to a collection of participating state governments for off-label marketing violations and other violations related to the drug Zyprexa...

Review of the Legal Experience of the 2009 Republican Candidates for Attorney General

Posted on January 13, 2009
The 2009 Virginia statewide elections are now in full swing...

SCOTUS Blog Selects Several False Claims Act Cases in "Petitions to Watch"

Posted on January 07, 2009
This week the renowned SCOTUS blog highlighted Petitions for Certiorari filed in several False Claims Act cases. This is important for many reasons, not the least of which is that the folks at the SCOTUS blog have an uncanny ability to predict which petitions will be granted by the United States Supreme Court...

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A New Year, A New President, and Lots of New Money--How We Can Prevent the Same Old Fraud?

Posted on January 05, 2009
The year 2009 will bring a new President to the White House who has promised lots and lots of new federal money to fund various state and federal projects. Some have gone so far as to say that President-elect Obama will supervise the largest spending program since the Eisenhower Administration built the federal interstate system...

Ohio Auditor Misses the Mark: Ohio's Plan to Reduce Medicaid Fraud Includes Everything BUT a State False Claims Act

Posted on December 30, 2008
The state of Ohio--which, like every other state, is facing a record budget deficit--is searching for ways to cut costs and stretch its budget a little. Amazingly, in a new report released this week by Mary Taylor (who currently serves as the state's Auditor), the passage of a state false claims act is not one of the suggestions made to stretch the state's dollars further and eliminate fraud, waste, and abuse from the program...

Breaking News: Amendments to the Michigan False Claims Act

Posted on December 19, 2008
Yesterday, the Michigan False Claims Act was amended to add two important--but optional--elements of a state false claims act. Previously, this blog has not addressed elements of a state false claims act over and above compliance with Deficit Reduction Act of 2005, so this seems like as good a time as any...

Starting today, Federal Contractors Must Focus on Ethics and Disclose "Credible Evidence" of False Claims Act Violations

Posted on December 19, 2008
PIMG src="http://images.quickblogcast.com/116785-109034/VirginiaFlag.jpg"BRBRFONT size=3Effective today, federal contractors are required by the Federal Acquisition Regulations ("FAR") to take certain proactive steps regarding the Federal False Claims Act...

The Final Countdown: How Long will these 28 States Continue to Pay the Penalty for Not Having a State False Claims Act?

Posted on December 06, 2008
We begin our countdown with a list: Maryland, Oregon, Washington, Wyoming, Utah, Arizona, Colorado, Maine, Pennsylvania, North Carolina, South Carolina, Arkansas, Missouri, Iowa, Minnesota, South Dakota, Nebraska, Kansas, Alabama, Mississippi, Ohio, West Virginia, Connecticut, Vermont, Rhode Island...

Q & A: Is It Necessary for the Virginia Attorney General to File A Complaint Under Seal?

Posted on November 28, 2008
Q: Is It Necessary for the Virginia Attorney General to File A Complaint Under Seal when the Office initiates a case on its own, without a relator? A: In a word, no. The answer to this question raises a larger issue, however--namely, why is a seal provision included in the statute for a private relator and his or her counsel? The sound reasons behind this statutory requirement is the topic of today's post...

Senator Grassley Urges Federal Government to Utilize ?Lincoln?s Law? to Help Protect and Recover Taxpayer Dollars Lost to Fraud in Economic Stabilization Programs

Posted on November 20, 2008
In the midst of the current financial crisis, which has seen the Federal Government committing the taxpayers to hundreds of millions of dollars in obligations to bail out an ever-larger sector of the economy, we have seen comparatively little talk about protecting this enormous expenditure of taxpayer funds...

The Virginia Fraud Against Taxpayers Act Finally Makes the Front Page of Virginia Lawyers Weekly

Posted on November 20, 2008
At long last, the Virginia Fraud Against Taxpayers Act has finally made the pages of Virginia Lawyers Weekly. Special thanks for Peter Vieth for this excellent article, and to all of the others who worked on the Siddiqui case, especially Special Assistant Attorney General Guy Horsley and Senior Assistant Attorney General Ellen Coates...

Qui Tam Champion Rep. Dan Lungren Challenges John Boehner for Post of House Minority Leader

Posted on November 14, 2008
House Minority Leader John Boehner of Ohio will face a challenge from his leadership position from California Republican Dan Lungren, according to the official blog of the Wall Street Journal. It seems unlikely that Lungren will be able to unseat Boehner in the Republican House leadership elections, which are currently set to take place next Wednesday...

UPDATE: Settlement Announced in the first Non-Intervened case under the Virginia Fraud Against Taxpayers Act in Commonwealth of Virginia ex rel. Nisar A. Siddiqui v. Navy Federal Credit Union, et al.

Posted on November 05, 2008
Fairfax, Virginia, November 5, 2008--Navy Federal Credit Union will pay $640,000 dollars to settle allegations that it failed to deliver unclaimed property to the Commonwealth of Virginia as part of a settlement under the Virginia Fraud Against Taxpayers Act...

October 27, 2008 Marks the Anniversary of the Rebirth of the Federal False Claims Act

Posted on October 28, 2008
It was 22 years ago today that President Reagan signed into law the 1986 Amendments to the Federal False Claims Act. For all intents and purposes, the 1986 amendments breathed new life into what had otherwise become a stale and lifeless statute...

New Opinion from the U.S. District Court for the Western District of Virginia interprets the public disclosure bar and release agreements

Posted on October 28, 2008
In the ongoing saga of Purdue Pharma, an opinion published today by Judge Jones in the Western District of Virginia addresses whether a relator's signature on a general release precludes that relator from bringing a qui tam suit at a later date...

New Opinion from the Eastern District of Virginia regarding the False Claims Act's anti-retaliation provisions

Posted on October 10, 2008
The U.S District Court for the Eastern District of Virginia issued a ruling this week interpreting the anti-retaliation provisions of 3730(h). The case is Mann v. Heckler & Koch Defense, Inc., 1:08cv0611 (Cacheris, J.) You can read the opinion here...

First Annual Virginia Fraud Against Taxpayers Act CLE is a success!

Posted on October 07, 2008
First Annual Virginia Fraud Against Taxpayers Act CLE is a success!I am pleased to report that the Virginia Fraud Against Taxpayers Act CLE seminar at the Office of the Attorney General was an overwhelming success, with more than 78 attendees coming from virtually every agency of Virginia state government, from the OAG, and from the private bar as well...

AN EMPIRICAL LOOK AT THE ARGUMENTS THAT KILLED THE MARYLAND FALSE CLAIMS ACT

Posted on October 07, 2008
AN EMPIRICAL LOOK AT THE ARGUMENTS THAT KILLED THE Maryland FALSE CLAIMS ACT As regular readers of this blog will recall, in the 2008 legislative session, the Maryland False Claims Act failed by a single vote in the full Senate, after having been passed by the Maryland House of Delegates...

The Medicaid Fraud Control Unit of Virginia's Office of the Attorney General produces a new brochure

Posted on October 07, 2008
Virginia's award-winning Medicaid Fraud Control Unit (MFCU) today published a new brochure designed to inform the public about its mission and goals. Click here to view the brochure. I strongly believe that taxpayers in the Commonwealth will reap great benefits from increased efforts to educate and inform the public about the causes of action available under the Virginia Fraud Against Taxpayers Act...

New Opinion from the U.S. District Court for the Western District of Virginia interprets Virginia's Nonsuit Statute in the qui tam context

Posted on September 30, 2008
A new opinion by Chief Judge Jones in the U.S. District Court for the Western District of Virginia interprets Virginia's nonsuit statute as tolling the statute of limitations on a retaliation claim under 31 U.S.C. 3730(h). To my knowledge, this is the first time a federal court has interpreted Virginia's unique nonsuit statute in the context of a 3730(h) claim...

Law Professor Pamela H. Bucy's Pioneering Efforts to Collect and Analyze State False Claims Information

Posted on August 30, 2008
As I said when I started this blog, state qui tam statutes represent a new frontier. If state qui tam statutes are ever going to bear the same kind of fruit as the federal false claims act, at some point it will be necessary to collect and analyze the experiences of the various states to pass FCA-style statutes, as well as create a mechanism for the exchange of ideas and information among states with FCA statutes...

Taxpayers Against Fraud Announces the Agenda for its Eighth Annual Conference in September

Posted on August 16, 2008
This week Taxpayers Against Fraud announced the agenda for their Eighth Annual Conference, set to take place from September 7-10 at the Marriott at Metro Center here in Washington, D.C.Among the many highlights, Michael T. Judge, the Deputy Director of Virginia's award-winning Medicaid Fraud Control Unit, will speak on the morning of September 9th...

Four New States Join the "Deficit Reduction Club"

Posted on August 11, 2008
This week, the Office of the Inspector General issued 10 new state false claims act review letters. Of the 10 reviews, four new states joined the DRA club--California, Indiana, Rhode Island, and Georgia--and the remaining six were denied entry. There are now twelve states with qualifying state qui tam/ state false claims statutes: Virginia, Texas, Tennessee, New York, Nevada, Massachusetts, Illinois, Hawaii, California, Indiana, Rhode Island, and Georgia...

U.S. District Court for the Eastern District of Virginia Ranks in Top Five District Courts for Qui Tam Filings

Posted on August 11, 2008
I had heard it said before that the U.S. District Court for the Eastern District of Virginia ranked in the top five districts for qui tam filings, but I now have located the proof. The statistic comes from this 2006 report to Senator Grassley from the U...

Brief History of Qui Tam Litigation in Virginia Part Two

Posted on August 09, 2008
As the second entry in our series on the history of qui tam litigation in Virginia, I did a little historical research. The first published qui tam opinion in Virginia legal history occurred under the Colonial Courts, in the 1730 in the case of Churchill v...

The Marine Habitat and Waterways Improvement Fund and the Virginia Fraud Against Taxpayers Act

Posted on July 19, 2008
One loyal reader recently pointed out that this blog might have unintentionally drifted from one of its stated goals--namely, to give practice examples of the myriad situations in which Virginia Fraud Against Taxpayers Act might be useful. Today's example concerns the Marine Habitat and Waterways Improvement Fund, which was established in the year 2000 by an act of the General Assembly...

Breaking News: Virginia Office of the Attorney General to host Continuing Legal Education Seminar on the Virginia Fraud Against Taxpayers Act

Posted on July 19, 2008
Virginia Qui Tam Law.com is pleased to announce that the Virginia Office of the Attorney General will be sponsoring a Continuing Legal Education Seminar on the Virginia Fraud Against Taxpayers Act on October 3, 2008, from 2:00 to 5:00 PM...

An Introduction to Qui Tam Litigation in the U.S. District Court for the Eastern District of Virginia--also known as the "Rocket Docket"

Posted on June 28, 2008
The United States District Court for the Eastern District of Virginia is known as the "Rocket Docket," a title that Court has worn with pride for more than 40 years. The name originated with Albert V. Bryan, the Judge for whom the Alexandria Courthouse is now named...

Considerations for Settlement in Virginia Fraud Against Taxpayers Act cases

Posted on June 25, 2008
The issue of settling claims in a non-intervened qui tam case under the Virginia Fraud Against Taxpayer's Act presents the same sort of thorny issues as settlement in a Federal False Claims Act case. Most of the differences between settling a false claims case and a typical civil case arise out of the fact that the Commonwealth (or the Department of Justice in a federal case) must approve the settlement in all respects...

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