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Tuesday, September 16, 2025

True Facts About False Claims: MoFo's FCA Newsletter - October 2023 - JD Supra

Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we will provide key takeaways and discuss some of the most significant false claims topics.

In this last newsletter of 2023, we ask: Will recent decisions on the FCA Kickback standard make their way back to the Supreme Court, and what should companies be doing in response? What should defense contractors, healthcare and life sciences companies, and universities be doing to review their cybersecurity and risk management practices? We also review recent settlements by a university for failing to disclose foreign funding in grant applications, an insurance company for its Medicare Advantage billing practices, a genomic testing company for evading Medicare’s 14-Day Rule, a national pharmacy for waiving co-payments and providing kickbacks for referrals, and a major defense contractor for failing to meet certain contractual manufacturing specifications. The answers to this quarter’s questions and a discussion of these settlements are here in our October 2023 FCA Update.

Federal

Supreme Court Turns Away Whistleblower’s Efforts to Ease FCA Kickback Standard, Denying Cert and Keeping Sixth Circuit Opinion in Place. On the first day of its new term, the Supreme Court denied a relator’s petition for a writ of certiorari asking to revisit the Sixth Circuit’s decision...



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