False

Event Details:                                                                                                                                                           printer-friendly page

False Claims Act ("FCA") enforcement actions continue to be a high priority for the US Department of Justice ("DOJ") and are popular among civil plaintiffs (also known as whistleblowers) as well. Recent settlements and litigation under emphasize the ongoing need for comprehensive and effective compliance programs. This seminar will provide critical insight regarding:

- Innovations in government liability theories and expansion of FCA actions;
- How increased government investigative resources may impact your business;
- Lessons learned from recent FCA enforcement actions;
- Tools and best practices for preventing and identifying FCA risks and potential violations of law; and
- How to cope effectively with government investigations or private civil actions.

A panel of industry leaders and governance experts is being assembled by the Knowledge Group to discuss compliance policies, recent innovations, and best practices, among others. The False Claims Act Enforcement: Understanding the Legal Landscape LIVE Webcast is for Executives, Compliance Officers, and Corporate Counsel.

Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 1.75 - 2.0
Important Note: Your State Bar or Accounting Board will make the final determination with respect to continuing education credit. If you are applying for CLE credit in Texas you must register 20 days before the event date or you will not be able to obtain CLE credit.
Advance Preparation: Print and review course materials
Course Code: 103946
Recording Fee: $299 (Please click here for details)
NASBA Sponsor Number: 109004

 

Featured Speakers for False Claims Act Enforcement LIVE Webcast:


Proposed Agenda (click here to view more)
SEGMENT 1:


John T. Boese, Of Counsel,
Fried, Frank, Harris, Shriver & Jacobson LLP


- The FERA Amendments and New Liability Issues Allison Engine, Materiality and Repayment
- The Status of "Public Disclosure and Original Source" after Graham County II and the
  2010 Amendments
- CID Authority: The Effect of the New DOJ Rules on Defendants and Counsel

SEGMENT 2:


Linda A. Kontos, Assistant United States Attorney,
Department of Justice

- Delegation of authority for issuing Civil Investigation Demands ("CIDs") by the Attorney General to
  the Assistant Attorney General, Civil Division; redelegation of authority to the U.S. Attorneys;
  and the potential for increased issuance of CIDs for documents, interrogatories and oral testimony.
  See 31 U.S.C. § 3733(a)(1) (as amended by the Fraud Enforcement and Recovery Act of 2009
  ("FERA"); 28 C.F.R Part 0, p. 14070.
- Reverse false claims under FERA, 31 U.S.C. § 3729(a)(1)(G). Among other things, the reverse false
  claims subsection: (1) defines "obligation" to include an overpayment and, thus, potentially creates
  liability for knowingly failing to return an overpayment; and (2) includes a materiality
  requirement, which is defined under FERA as "having a natural tendency to influence, or be capable
  of influencing, the payment or receipt of money or property," and resolves a circuit split favorably to
  the Government. 31 U.S.C. § 3729(b)(4).
- The Patient Protection & Affordable Care Act (3/23/10) appears to have lowered the intent standard
  applicable to Anti-Kickback Statute cases, particularly in the 9th Circuit, and may have
  legislatively overruled The Hanlester Network v. Shalala, 51 F.3d 1390 (9th Cir. 1995).

SEGMENT 3:


Gregory M. Luce , Partner,Skadden, Arps, Slate, Meagher & Flom LLP

*Talking points to be added soon*

SEGMENT 4:


Robert Vogel , Founding Partner,
Vogel, Slade and Goldstein, LLP

- Along with the recent bail-out and health care reform legislation, Congress has a new-found
  focus on fraud and the False Claims Act, twice strengthening its provisions with the
  possibility of more changes to come.
- The Act covers a broad range of conduct well beyond claims for goods or services not provided,
  reaching situations where someone has violated some other law or rule in connection
  with a Government program, or where a person knowingly and improperly retains an overpayment.
- Although the Act only covers “knowing” misconduct that results in the Government paying out
  funds, the term “knowing” is defined to include “reckless disregard” or “deliberate
  ignorance” of the facts.
- The consequences of violating the Act are severe, including treble damages, massive civil
  penalties, and the potential exclusion from participation in Government-funded programs.
- The Act deputizes private citizens to bring enforcement law suits, known as “qui tam” suits,
  potentially turning a company’s employees and competitors into bounty hunters,
  and the company into their target.



Department of Justice
Linda A. Kontos
Assistant United States Attorney
speaker bio »»

Skadden, Arps, Slate, Meagher & Flom LLP
Gregory M. Luce
Partner
speaker bio »»

Fried, Frank, Harris, Shriver & Jacobson LLP
John T. Boese
Of Counsel
speaker bio »»

Vogel, Slade and Goldstein, LLP
Robert Vogel
Founding Partner
speaker bio »»

Who Should Attend?

- Executives
- Compliance Officers
- Corporate Counsel

Why Attend?

This is a must attend event for anyone interested in False Claims Act Enforcement.
    - New guidance explained by the most qualified key leaders & experts
    - Hear directly from key regulators & thought leaders
    - Interact directly with panel during Q&A

Registration Information:                                                                                                                                    


 

Disclaimer:
Please note, the event date is firm although it may be subject to change. Please click here for details.

 

 

 

 


False Claims Act Enforcement: Understanding the Legal Landscape LIVE Webcast
Speaker Firms and Agency:


Department of Justice








 

The Knowledge Group, LLC is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Website: www.nasba.org


 

We are an approved multi-event sponsor in the state of California. Our provider ID is: 14451. In Texas, Illinois, and Virginia, we submit programs for individual approval in advance. In all other states, once attendance is verified, participants are emailed an official certificate of attendance which they submit to their respective State Bar Associations. Our programs are created with continuing education in mind and are therefore designed to meet the requirements of all State Bar Associations. If you have any questions, please email our CLE coordinator at: info@knowledgecongress.org

Important Note: Your State Bar or Accounting Board will make the final determination with respect to continuing education credit. If you are applying for CLE credit in Texas you must register 20 days before the event date or you will not be able to obtain CLE credit.

Attention New York Attorneys:

This program is approved for CLE credit under New York’s Approved Jurisdiction policy. The Knowledge Group, LLC is an approved sponsor in the state of California, a New York Approved Jurisdiction. This program fulfills the non-traditional format requirement of exceeding 60 minutes in length. Please note only experienced attorneys (more than 2 years) are eligible to receive CLE credit via non-traditional format learning platforms. The Knowledge Group will verify attendance during the webcast via secret words (3 per credit hour) and by auditing attendees log in and log out records. All verification instructions will be provided during the webcast. Once attendance verification requirements have been completed, the attendee will be issued a certificate of attendance be The Knowledge Group for the course with the recommended number of credit hours. The Certificate of Attendance is normally sent via email in 24 hours or less.

To Claim Your CLE Credits:

The attorney should simply include credits earned via Knowledge Group webcasts when computing the total number of CLE credits completed, and keep the Knowledge Group Certificate of Attendance for a period of at least four (4) years in case of audit. An attorney may count towards her/his New York CLE requirement credit earned through the Approved Jurisdiction policy without notifying the CLE Board.

To learn more about New York’s Approved Jurisdiction policy. Please visit: http://www.nycourts.gov/attorneys/cle/approvedjurisdictions.shtml



 
Enrolled Agents Sponsor ID Number: 760

We have entered into an agreement with the Office of Professional Responsibility, Internal Revenue Service, to meet the requirements of 31 Code of Federal Regulations, section 10.6(g), covering maintenance of attendance records, retention of program outlines, qualifications of instructors, and length of class hours. This agreement does not constitute an endorsement by the Office of Professional Responsibility as to the quality of the program or its contribution to the professional competence of the enrolled individual.