Robert Salcido

Akin Gump Strauss Hauer & Feld LLP

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Lessons From A False Claims Act Case Alleging A Violation Of The Anti-Kickback Act: United States ex rel. Pogue v. Diabetes Treatment Centers

Over the last decade, the government's primary enforcement vehicle regarding the Anti-Kickback Statute ("AKS"), 42 U.S.C. § 1230a-7b, and the Stark Law, 42 U.S.C. § 1395nn, has been whistleblower actions filed under the False Claims Act ("FCA"). In one recent case, United States ex rel. Pogue...

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Limiting The Scope Of The False Claims Act: The Tenth Circuit's Decision In United States ex rel. Conner v. Salina Regional Health Center

In November 2008, the Department of Justice (DOJ) announced that it secured more than $1.34 billion in False Claims Act (FCA) recoveries in fiscal year 2008. Almost the full amount of these recoveries - $1.12 billion - stemmed from health care cases. As DOJ stiffens its resolve to enforce the...

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