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U.S. District Court (Colorado) Sanctions Lawyers for Filing 2020 Presidential Election Fraud Lawsuit

This case was filed on December 22, 2020, more than a month-and-a-half after the November 3, 2020 Presidential election. As filed, the suit was a class action brought on behalf of all American registered voters, alleging that their constitutional right to vote for President somehow was unconstitutionally infringed or burdened by the Defendants. The Defendants included State Officials, Governors, Facebook, Inc. (“Facebook”), Mark Zuckerberg and his wife, Priscilla Chan, Dominion Voting Systems, Inc. (“Dominion”), and the Center for Tech and Civic Life) (“CTCL”). On April… Read More »U.S. District Court (Colorado) Sanctions Lawyers for Filing 2020 Presidential Election Fraud Lawsuit

Mail-Order Diabetic Testing Supplier and Parent Company Agree to Pay $160 Million to Resolve Alleged False Claims to Medicare

On Monday, August 2, 2021, the DOJ announced that Arriva Medical LLC (“Arriva”), a mail-order diabetic testing supplier, and its parent, Alere Inc. (“Alere”) have agreed to pay $160 million to resolve allegations that they violated the False Claims Act. According to the July 2021 Settlement Agreement: -From 2009 until December 2017, Arriva was a Florida-based mail-order supplier of diabetic testing supplies to, amongst others, beneficiaries of the Medicare program. Arriva was founded in 2009 by David Wallace and Timothy Stocksdale, who, along with other… Read More »Mail-Order Diabetic Testing Supplier and Parent Company Agree to Pay $160 Million to Resolve Alleged False Claims to Medicare

Middle District of Florida Dismisses Computer Fraud and Abuse Act (CFAA) Claim Concerning “Devices” vs. “Accounts” Requiring A More Definite Statement

On July 26, 2021, the U.S.D.C. for the Middle District of Florida, granted ADP, Inc.’s (“ADP”) motion for a more definite statement, dismissing Plaintiff’s CFAA claim. See Opinion and Order at the bottom. Plaintiff sued both Defendants (ADP and Automatic Data Processing, Inc.) for twelve different claims. However, this blog post narrowly addresses only the CFAA claim. According to Plaintiff, his former employer (ADP) , hacked into his electronic devices to take his information, including communications with his lawyers. According to Plaintiff, ADP also allegedly… Read More »Middle District of Florida Dismisses Computer Fraud and Abuse Act (CFAA) Claim Concerning “Devices” vs. “Accounts” Requiring A More Definite Statement

Former Delray Beach Physician Sentenced to Six Years in Federal Prison for $20M Health Care Fraud Scheme

On July 26, 2021, the DOJ (U.S. Attorney’s Office – Middle District of Florida) announced that U.S. District Judge William Jung sentenced Dr. Richard Davidson to six years in federal prison for conspiracy to commit health care fraud. As part of his sentence, the court ordered Davidson to forfeit approximately $650,000 in funds traceable to the offense or as substitute assets. The court also entered a money judgment of $2.47 million and ordered $10.72 million in restitution. Davidson lost his medical license due to his… Read More »Former Delray Beach Physician Sentenced to Six Years in Federal Prison for $20M Health Care Fraud Scheme

DOJ Publishes Health Care Fraud and Abuse Control Program Annual Report FY 2020

This month, the 120-page Annual Report of the Departments of Health and Human Services and Justice Health Care Fraud and Abuse Control Program FY 2020 was published. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) established a nationalHealth Care Fraud and Abuse Control Program (HCFAC or the Program) under the jointdirection of the Attorney General and the Secretary of the Department of Health and HumanServices (HHS), acting through the Inspector General, designed to coordinate federal, state, andlocal law enforcement activities with respect to… Read More »DOJ Publishes Health Care Fraud and Abuse Control Program Annual Report FY 2020

Chief Operating Officer of a Network Security Company Charged with Cyberattack on Atlanta Medical Center

On June 10, 2021, a Georgia man was arraigned on charges arising out of a cyberattack conducted on Gwinnett Medical Center in 2018. See DOJ press release. According to the indictment, Vikas Singla of Marietta, the chief operating officer of a metro-Atlanta network security company that served the health care industry, allegedly conducted a cyberattack on Gwinnett Medical Center. More specifically, the Indictment alleges Singla, without authorization to a protected computer and/or exceeding his authorized access: (1) disrupted the medical center’s phone system; (2) disrupted… Read More »Chief Operating Officer of a Network Security Company Charged with Cyberattack on Atlanta Medical Center

SCOTUS Narrows Scope of the Computer Fraud and Abuse Act (CFAA)

In a 6-3 decision handed down on Thursday, June 3, 2021, the Supreme Court issued an opinion narrowly interpreting the Computer Fraud and Abuse Act (“CFAA”) . Just Amy Coney Barrett authored the opinion, and was joined by Justices Sotomayor, Kagan, Gorsuch, Breyer, and Kavanaugh. Justice Clarence Thomas authored the dissent, which was joined by Justice Alito and Chief Justice Roberts. Former Georgia police sergeant Nathan Van Buren (Van Buren) used his patrol-car computer to access a law enforcement database to retrieve information about a… Read More »SCOTUS Narrows Scope of the Computer Fraud and Abuse Act (CFAA)

DOJ Announces Coordinated Law Enforcement Action to Combat Health Care Fraud Related to COVID-19, Including Two South Florida Kickback Schemes

Today, Wednesday, May 26, 2021, the Department of Justice announced criminal charges against a telemedicine company executive, physician, marketers, and medical business owners for COVID-19 related fraud schemes. More specifically, the DOJ announced criminal charges against 14 defendants, including 11 newly-charged defendants and three who were charged in superseding indictments, in seven federal districts across the United States for their alleged participation in various health care fraud schemes that exploited the COVID-19 pandemic and resulted in over $143 million in false billings. Included in those… Read More »DOJ Announces Coordinated Law Enforcement Action to Combat Health Care Fraud Related to COVID-19, Including Two South Florida Kickback Schemes

Eleventh Circuit Upholds District Court’s Dismissal With Prejudice of False Claims Act Claims alleging Contractor and Water Works Board Engaged in a Pay-to-Play Scheme

Qui Tam Relators, Startley General Contractors, Inc., Mandy Powranzas and Steven Stewart (“Relators”), brought False Claims Act claims, among others, against a competing contractor, the Water Works Board of the City of Birmingham (“BWWB”), and multiple individuals personally and in their official capacities (collectively “Defendants”). According to Relators’ Second Amended Complaint, the Defendants were involved with BWWB in a “pay to play” scheme. More specifically, Relators alleged that BWWB, its management and a host of both retired and current employees, enjoyed personal enrichment through bribery… Read More »Eleventh Circuit Upholds District Court’s Dismissal With Prejudice of False Claims Act Claims alleging Contractor and Water Works Board Engaged in a Pay-to-Play Scheme