Published: June 26, 2019

Participants in federal programs take note: the government’s specific representations that a program is compliant may help insulate you from False Claims Act liability. But, be wary of general guidance, which may not offer you the same protection.

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Published: November 29, 2017

A recent decision allowing a False Claims Act claim against a community college to proceed to discovery highlights two issues relating to the requisite degree of employer knowledge that must be plead in retaliation claims by former employees who report financial aid fraud. In Klee v.

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Published: October 13, 2017

​On September 26, the United States Attorney for the Southern District of New York announced criminal charges against ten individuals relating to a complicated system of bribe payments to the families of basketball recruits who went on to play for NCAA teams. The charges may forecast a new area of enforcement against universities by the government or by whistleblowers. The government alleged that an athletic shoe company provided funds to recruits’ families through a web of “financial advisors” and university basketball coaches.

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Published: May 11, 2017

The for-profit education company Kaplan, Inc. recently scored a win when the Court of Appeals for the Ninth Circuit affirmed Kaplan’s summary judgment victory in a decade-long False Claims Act suit. This case shows that while in certain jurisdictions FCA cases may be surviving motions to dismiss with more frequency, they continue to be ripe for dismissal at summary judgment.

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Published: February 6, 2017

The Department of Justice recently announced that Jackson State University (“JSU”) will pay $1.17 million to settle allegations that it violated the False Claims Act (“FCA”) by mismanaging National Science Foundation (“NSF”) grants. According to the DOJ, the university submitted claims and expended funds under its NSF grants between June 2006 and September 2011, impliedly certifying that each claim was allowable and properly recorded.

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Published: December 29, 2016

In Jackson v. Univ. of N. Texas, et. al., the University of North Texas (“UNT”) and various student loan companies faced allegations of improper oversight of student loan certifications and claims submissions in violation of the False Claims Act (“FCA”).  Luckily for the defendants, the court dismissed the claims as untimely and did not address the merits. But even though the defendants won this particular case, all higher education institutions should see it as a warning that false claim submissions to the Department of Education can lead to FCA liability.
 

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Published: April 13, 2016

Bard College recently entered into an agreement with the United States to pay $4 million to settle a whistleblower suit alleging violations of the False Claims Act.  Bard is a non-profit liberal arts institution founded in 1860 and based in New York’s Hudson River Valley. The alleged violations centered on its ill-fated attempt to start a Master’s of Arts in Teaching (MAT) program in Delano, California, beginning in 2009.

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Published: January 7, 2015

In Brief:

  • The Supreme Court of New Jersey will soon decide whether a former employee whistleblower facing criminal charges for allegedly taking sensitive documents from her employer to support her planned discrimination and retaliation claims is shielded by the Conscientious Employee Protection Act (“CEPA”) and Law Against Discrimination (“LAD”).
  • The court’s decision will provide guidance on whistleblowers’ ability to collect confidential documents from their employers to pursue their whistleblower claims – an issue which both sides argue would have a chilling effect on the losing party.

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