It is not every day that an 83-page qui tam complaint alleging Stark Law and Anti-Kickback Statute (AKS) violations is dismissed at the pleading stage, particularly when filed by experienced relator’s counsel and accompanied by more than 30 pages of detailed claims data. But that was exactly the result in U.S. ex rel. Kyer v. Thomas Health System, a June 4 decision from a unanimous Fourth Circuit panel.
As procurement fraud enforcement continues to be a priority for the Department of Justice and other federal agencies, we take a look back at significant 2025 enforcement developments affecting government contractors, grant recipients and participants in federal programs in our 2025 Procurement Fraud Review.
Continue Reading Procurement Fraud Enforcement Trends Continue Into 2026In a recent article for Law360, I examined the significant challenges the Department of Justice (DOJ) may face as it seeks to use the False Claims Act (FCA) to pursue allegedly unlawful diversity, equity, and inclusion (DEI) practices.
Continue Reading Legal Hurdles in Using FCA to Challenge DEI ProgramsSkin substitutes, bioengineered or natural materials designed to promote healing by replacing or supporting damaged skin, have become a key component of advanced wound care. But the significant Medicare reimbursement of these products commanded over the last few years has made them a prime target for enforcement by the Department of Justice and the Department of Health and Human Services Office of Inspector General (OIG).
Continue Reading Federal Court Seizes $2 Million from Wound Care Clinic: What Providers, Distributors, and Manufacturers Need to KnowI provided insight for Law360 on the government’s recent settlement with IBM to settle allegations into the company’s diversity, equity and inclusion (DEI) practices. The IBM deal is the first of its kind involving a company and alleged violations of the False Claims Act related to DEI practices. The article suggests this deal may signal the Department of Justice’s (DOJ) focus on enforcement actions involving DEI and the potential fines incurred.
Continue Reading Takeaways from IBM’s DEI SettlementI recently shared my perspective on President Trump’s newest executive order, which is designed to restrict federal contractors from participating in what the administration characterizes as “racially discriminatory” DEI efforts. Under this order, certain DEI‑related activities could put a contractor’s eligibility for future federal work at risk.
Continue Reading Understanding the False Claims Act Implications of Trump’s Latest DEI Order for Federal ContractorsI was quoted in an article published by McKnight’s Long-Term Care News examining the Eleventh Circuit’s pending decision in United States ex rel. Zafirov v. Florida Medical Associates that could determine whether the False Claims Act’s (FCA) whistleblower (qui tam) provisions are constitutional. The decision could potentially limit private individuals’ ability to pursue fraud cases on the government’s behalf and set up a Supreme Court review that could significantly reshape healthcare fraud enforcement nationwide.
Continue Reading Pending Circuit Court Case Concerning the Constitutionality of the FCA’s Whistleblower ProvisionsIn 2025, the Department of Justice’s National Health Care Fraud Takedown led to criminal charges against 324 defendants and $14.6 billion in intended losses.
Continue Reading Genetic Testing Fraud: Why CMS and DOJ Are Increasing ScrutinyI recently provided insight for a Modern Healthcare article that examines the Department of Justice’s (DOJ) increased healthcare fraud enforcement efforts and growing use of artificial intelligence (AI) and data analytics in civil investigations. While whistleblower complaints continue to account for a substantial share of False Claims Act recoveries, the article highlights how enforcement agencies are increasingly using technology to identify billing outliers and support government-initiated investigations.
Continue Reading DOJ’s Expanding Healthcare Fraud Enforcement EffortsI recently participated in a panel discussion at the Federal Bar Association’s 2026 Qui Tam Conference focused on “‘Illegal DEI’ as an FCA Trigger.” We explored the scope of False Claims Act (FCA) enforcement under the Department of Justice’s (DOJ) Civil Rights Fraud Initiative and recent executive actions addressing “illegal DEI [diversity, equity and inclusion].” In addition to law firm attorneys, our panel included a speaker from the DOJ.
Continue Reading Insight on “Illegal DEI” as FCA Trigger at Federal Bar Association’s Qui Tam Conference