What’s in a name? A look at the definition of the term “kickback” in Virginia Fraud Against Taxpayers Act and federal False Claims Act cases
Previously, I have blogged about the inherently complex and nuanced nature of qui tam litigation. Today I want to talk a little bit about the word “kickback” and the history of that word in the English language and in FCA jurisprudence. While the concept of kickbacks is central to many different types of FCA…
Why do you think all the most business-friendly states have state False Claims Acts?
Over the past few years I have noticed that certain questions and objections sometimes arise when a state considers a state False Claims Act. Today’s post deals with the single most common objection and/or question. As an aside, I have also noticed that when legislators beginning asking the questions addressed in this blog, the end result is…
Important Considerations for Settlement in a Virginia Fraud Against Taxpayers Act case
As I have said many times, there is no practice area quite as complicated as false claims act litigation under either the federal False Claims Act or the Virginia Fraud Against Taxpayers Act (or for that matter under any of the other state false claims acts). The complexities and nuances continue right on through to…
Two Major–and Historic–Events in the Past Seven Days…
In the last seven days, two major historic events occurred. Although very few Virginians paid attention or cared, we will all notice the benefit bestowed on our Commonwealth by these two events…On Saturday, March 26th, Governor Bob McDonnell signed groundbreaking amendments to the Virginia Fraud Against Taxpayers Act (otherwise known as “SB1262” or “SB1262ER”) into law. As…
The Supreme Court of Virginia Grants Appeal in Cuccinelli v. UVa
Yesterday, SCOVA announced that it had granted the Attorney General’s appeal from a ruling quashing
the AG”s civil investigative demand to the University of Virginia. As readers are aware, the Order was entered by Judge Peatross in the Circuit Court of Albemarle County.
The following are the assignments of error:
- The circuit court erred in setting aside the CIDs based on the ground that the Attorney General lacked a “reason to believe” that UVa. may be in possession, custody, or control …
The New and Improved Virginia Fraud Against Taxpayers Act is “Enrolled” And Sent to the Governor!
As of yesterday, March 3, 2011, SB1262 was “enrolled” by the Virginia General Assembly!
An enrolled bill is the final printed version of the bill as passed by the House of Delegates and the Senate, signed by the Speaker of the House and the President of the Senate (the Lieutenant
Governor) and transmitted to the Governor for his signature.
I also have a correction to make. Earlier, I had reported that Illinois was …