- Posts by Marguerite (Maggie) McGowan StringerAssociate
Clients rely on attorney Maggie Stringer to resolve their most complex and challenging legal disputes, especially when facing litigation involving sensitive employment or commercial claims impacting their businesses.
Maggie ...
On December 27, 2024, the U.S. Court of Appeals for the Second Circuit held in U.S. ex rel. Camburn v. Novartis Pharmaceuticals Corporation that a relator adequately pleads a False Claims Act (“FCA”) cause of action premised on violation of the Anti-Kickback Statute (“AKS”) by alleging, with sufficient particularity under Federal Rule of Civil Procedure 9(b) (“Rule 9(b)”), that at least one purpose (rather than the sole or primary purpose) of the alleged kickback scheme was to induce the purchase of federally reimbursable health care products or services.[1] In doing so, the Second Circuit joins seven other Circuit Courts—the First, Third, Fourth, Fifth, Seventh, Ninth, and Tenth Circuits—in adopting the “at least one purpose” rule. This ruling lowers the bar in the Second Circuit for relators pleading AKS-based FCA claims.
Interplay Between FCA and AKS Violations
Under the AKS, “a claim that includes items or services resulting from a violation [of the AKS] … constitutes a false or fraudulent claim” under the FCA.[2]
The AKS prohibits persons from, among other things, “knowingly and willfully” soliciting or receiving “any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind—
Blog Editors
Recent Updates
- Utah Law Aims to Regulate AI Mental Health Chatbots
- National Science Foundation (NSF) Imposes 15% Indirect Cost Rate Cap: What to Know
- New DOJ White Collar Priorities Focus on Health Care Fraud
- Federal Regulators Announce Non-Enforcement of the 2024 Rule for Mental Health Parity
- Will Colorado’s Historic AI Law Go Live in 2026? Its Fate Hangs in the Balance in 2025