Let's Talk FCA: Criminal Investigations And The False Claims Act (Podcast)

An Executive Order directs the Attorney General to prioritize enforcement of federal criminal laws against AI-enabled cyberattacks, particularly focusing on identification fraud and authentication violations. Legal experts analyze how Section 1028's broad definitions of identification documents and authentication features provide powerful prosecutorial tools against autonomous AI threats, while examining implications for public-private cybersecurity partnerships.

On September 9th, the United States Court of Appeals for the District of Columbia denied a motion to stay filed by SAM, Inc. and the National Drug and Alcohol Screening Association, Inc. (collectively, “SAM”). The motion sought to stay (pause) the Attorney General’s final order placing state legal medical marijuana into Schedule III of the Controlled Substances Act (“CSA”). While this ruling merely maintains the status quo, it is still a significant victory for state legal medical marijuana operators.

A federal court in Illinois recently dismissed a cybersecurity-related False Claims Act qui tam complaint against Archer Daniels Midland Company, primarily on materiality grounds. The decision highlights the stringent requirements relators face when pursuing cybersecurity FCA claims, particularly the need to demonstrate that alleged cybersecurity deficiencies would have significantly affected the government's payment decisions. The court's analysis provides critical guidance on pleading requirements for fal

In a recent settlement, five South Carolina companies agreed to pay a combined $7.9 million to resolve allegations that they violated the False Claims Act (FCA) by improperly obtaining over $5 million in Paycheck Protection Program (PPP) loans. The five companies include EuWe Eugen Wexler US Plastics Inc., Mankiewicz Coatings, LLC, Fukoku America, Inc., AWL Automation, LLC, and Stoba USA Corporation.

Commercial litigation partner Jacques Semmelman joins Dateline NBC's True Crime Weekly podcast to demystify the complex world of international extradition law. Drawing on his experience as a former Assistant US Attorney, Semmelman explains the legal standards, treaty requirements, and diplomatic considerations that govern how individuals are transferred between countries to face criminal charges or serve sentences.

The U.S. Court of Appeals for the Eleventh Circuit has ruled on the constitutionality of qui tam provisions under the False Claims Act, addressing whether private relators violate the Appointments Clause by bringing enforcement actions without presidential appointment. The decision examines whether relators qualify as "officers of the United States" and evaluates the characteristics that define a continuing government position, with significant implications for healthcare entities and government contractors

The Eleventh Circuit Court of Appeals has issued a pivotal ruling on whether the False Claims Act's qui tam provisions violate the Constitution's Appointments Clause, potentially reshaping the landscape for whistleblower-driven fraud enforcement. With FCA recoveries reaching record highs and the Department of Justice actively encouraging relators across multiple industries, this decision arrives at a critical juncture for federal fraud enforcement strategy. The court's analysis of whether private citizens c

The Department of Justice declined to prosecute Campus Eye Management under its new Corporate Enforcement Policy after the healthcare company voluntarily disclosed Medicare fraud involving unnecessary diagnostic tests and kickback schemes. While the company avoided prosecution through cooperation and remediation, DOJ simultaneously indicted its founder and former CEO, raising critical questions about how healthcare organizations should balance voluntary disclosure, individual accountability, and compliance

The Eleventh Circuit has reversed a district court's ruling that struck down the False Claims Act's qui tam provision as unconstitutional, holding that private whistleblowers are not federal officers subject to the Appointments Clause. With the Supreme Court's interest in this issue and unresolved constitutional challenges remaining, the future of qui tam enforcement hangs in the balance as this case heads toward likely further appeal.

The U.S. Department of Justice has established a permanent Global Trade & Commerce Enforcement Section and released a comprehensive resource guide outlining federal authorities to combat customs and trade fraud. With $1 billion already recovered in enforcement actions, the DOJ emphasizes corporate compliance obligations, supply chain auditing, and the strategic use of the False Claims Act to pursue tariff evasion and duty underpayment.

Manufacturers of connected products must now comply with the EU Cyber Resilience Act's vulnerability and incident reporting obligations through ENISA's newly launched Single Reporting Platform. This comprehensive guide addresses the critical question every manufacturer faces: can your organization report a cybersecurity incident within 24 hours if one occurs tonight?

Over the past several years, the biopharmaceutical industry has embraced artificial intelligence and machine learning (AI/ML) in near lockstep with the pace of AI/ML innovations. Today, industry leaders are using AI/ML to, among other things: discover and assess biological pathways, target chemical structures and sequences; design proteins; model pre-clinical and clinical trials; recruit and screen potential patient populations; evaluate clinical trial results and biomarker data; prepare regulatory filings; and manage supply chains. Deployment of new AI/ML models promises extraordinary advances in pharmaceutical development. However, as with any technological and scientific advances, the use of AI/ML also poses substantial legal risks that life sciences companies need to consider and proactively manage.

On September 8, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued “Field Assistance Bulletin No. 2026-03” to clarify compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA) and nonquantitative treatment limitations (NQTL). Under the 2013 final rule implementing MHPAEA, health plans and issuers must use comparable processes, strategies, evidentiary standards, or other factors when applying NQTLs and they cannot apply such methods more stringently to benefits for mental health and substance use disorder (MH/SUD) compared to benefits for general medical and surgical care. While the bulletin doesn’t break much new ground on compliance, it does reaffirm existing enforcement priorities and expectations.

On September 2, 2026, the National Archives and Records Administration (NARA), through its Information Security Oversight Office (ISOO), released two new Notices on the topic of Controlled Unclassified Information (CUI).

The Federal Trade Commission takes decisive action on multiple fronts, from scrutinizing healthcare mergers in Ohio to extending comment periods on personalized pricing policies. Meanwhile, a major payment processor faces millions in penalties for allegedly facilitating merchant fraud and deceptive telemarketing schemes.

State attorneys general across the nation are taking decisive action on healthcare access, environmental regulation, consumer protection, and voting rights. From challenging federal restrictions on gender-affirming care to blocking changes in mail voting procedures, these legal battles reveal the growing tension between state authority and federal policy. Will these multistate coalitions succeed in preserving state sovereignty over critical public services?

Five foundational ISDS decisions reveal how investment tribunals balance Indigenous consultation rights under ILO Convention 169 with treaty protections for foreign mining investors. This analysis examines the evolving legal framework governing State obligations, social license requirements, and the circumstances under which community opposition triggers treaty liability.

The FTC secured major enforcement wins including blocking Henkel's $725 million Liquid Nails acquisition and unwinding Zillow-Redfin's market-exit deal, while also proposing new personalized pricing policies and finalizing penalties for deceptive AI advertising claims. What do these recent actions signal about the agency's enforcement priorities and regulatory approach?

This week's episode provides a comprehensive overview of five critical developments in government contracts law, including a Pentagon directive on supplier cost and pricing, GSA's announcement regarding suspected procurement fraud, a federal court ruling in the Anthropic case, a new class deviation overhauling Cost Accounting Standards thresholds, and SBA's proposed restructuring of small business size standards.

On 3 September 2026, the European Commission adopted new Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings. The Guidelines follow a public consultation on a draft published in August 2024 and reflect substantial stakeholder feedback.