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Full-Text Articles in Law

The Common-Law Roots Of Materiality Under The False Claims Act, Noah Matthew Rich May 2023

The Common-Law Roots Of Materiality Under The False Claims Act, Noah Matthew Rich

University of Cincinnati Law Review

No abstract provided.


Fixed Payment Schedules Do Not Foreclose Liability Under The False Claims Act, Glen Mcclain May 2023

Fixed Payment Schedules Do Not Foreclose Liability Under The False Claims Act, Glen Mcclain

University of Cincinnati Law Review

No abstract provided.


A Framework For Assessing Whether Civil Penalties Under The False Claims Act Violate The Excessive Fines Clause Of The Eighth Amendment, Joel D. Hesch May 2023

A Framework For Assessing Whether Civil Penalties Under The False Claims Act Violate The Excessive Fines Clause Of The Eighth Amendment, Joel D. Hesch

University of Cincinnati Law Review

Fraud is crippling government programs, such as Medicare and the military. The government’s primary enforcement tool is the False Claims Act (“FCA”), which not only requires that the defendant pay three times the amount of damages, but also mandates a civil penalty of not less than $5,000 and not more than $10,000 (with adjustments for inflation) per violation. Because civil penalties apply to each false claim, complex fraud schemes may result in a defendant being liable for hundreds or even thousands of civil penalties. This article analyzes when civil penalties (or a portion of treble damages) under the FCA violate …


All Hands On Deck: The Role Of Government Employees As Qui Tam Relators, Renée Brooker, Jaclyn S. Tayabji May 2023

All Hands On Deck: The Role Of Government Employees As Qui Tam Relators, Renée Brooker, Jaclyn S. Tayabji

University of Cincinnati Law Review

No abstract provided.


Remembering James B. Helmer, Jr., A Titan Of False Claims Act Litigation, B. Nathaniel Garrett May 2023

Remembering James B. Helmer, Jr., A Titan Of False Claims Act Litigation, B. Nathaniel Garrett

University of Cincinnati Law Review

No abstract provided.


James B. Helmer, Jr. — A Tribute, Neil V. Getnick May 2023

James B. Helmer, Jr. — A Tribute, Neil V. Getnick

University of Cincinnati Law Review

No abstract provided.


James B. Helmer, Jr.: A Legal Maverick For The False Claims Act, S. Elizabeth Malloy, Michael E. Solimine May 2023

James B. Helmer, Jr.: A Legal Maverick For The False Claims Act, S. Elizabeth Malloy, Michael E. Solimine

University of Cincinnati Law Review

No abstract provided.