Litigating New York State False Claims Act Cases
Monday, November 19, 2012
- Location -
9:00 a.m. - 1:00 p.m.
4.0 MCLE Credits: 3.0 Professional Practice; 1.0 Ethics
This program is available live and via a simultaneous live webcast option. Newly admittied attorneys (less than twenty-four months) must attend the program in person to receive New York MCLE credit.
NYSBA Co-sponsors: Commercial and Federal Litigation Section and its NYSBA Civil Prosecution Committee, and the Committee on Continuing Legal Education
The New York State False Claims Act is a powerful weapon in the State’s fight against fraud on the government. This statute, one of the most robust of its kind in the country, empowers the Attorney General, local governments and private individuals to bring a civil lawsuit - on behalf of the government - against any person or entity that defrauds the government. The consequences are significant: defendants are potentially liable for three times the financial loss from the fraud as well as civil penalties. Private citizens who bring successful qui tam actions under New York’s False Claims Act can receive up to 30% of the recovery, in addition to their attorney’s fees and expenses. Notably, New York’s statute applies to not only Medicaid and other types of fraud where government dollars are involved, but also to tax fraud, which the Federal False Claims Act and many state false claims acts specifically exclude. The New York False Claims Act adopts a fundamentally different approach to fighting tax fraud than the one found in the federal IRS Whistleblower program.
Attorneys of all experience levels will benefit from this program. Program attendees will learn about:
• The history of the New York State False Claims Act, its specific provisions and recent amendments;
• The New York State Attorney General’s Office Taxpayer Protection Bureau and how it, along with New York’s Medicaid Fraud Control Unit, use the New York False Claims Act to combat fraud in all areas involving government dollars, including: taxes, construction programs, labor issues, school programs, pension funds, securities, and the environment, among others;
• How to effectively defend a client in a False Claims Act case in New York State; and
• Best practices and ethical considerations when pursuing and defending cases under the New York False Claims Act.
Participants in the program will include key government attorneys involved in investigating and pursuing these cases, as well as experienced private sector practitioners who represent whistleblower plaintiffs and corporate defendants.
8:30 - 9:00 a.m. Registration
9:00 – 9:05 a.m. Introduction
9:05 - 9:50 a.m. Basic Provisions of the New York State False Claims Act
• Statutory framework
9:50 - 10:20 a.m. Medicaid Fraud Control Unit
• What is Medicaid Fraud
10:20 – 10:30 a.m. Break
10:30 – 11:00 a.m. Taxpayer Protection Bureau
• Tax provisions of the New York State False Claims Act
11:00 – 11:30 a.m. Perspectives of a Whistleblower Counsel
• Public/Private Partnerships
11:30 – 12:00 p.m. Defending a False Claims Act Case
• What to do when your client thinks it has a whistleblower
12:00 – 12:10 a.m. Break
12:10 – 1:00 p.m. Ethical Considerations
• Gathering information and evidence
1:00 p.m. Adjournment
Between 48th and 49th Street Using Public Transit: Take the 4, 5, 6, S Subway to Grand Central Station Walk one block East to Third Ave, continue North on Third Ave to 48th Street Take the E, V Subway to Lexington Ave/53rd Street. Walk one block East to Third Ave, continue South to 49th Street
The last day to pre-register online was November 18, 2012.
Accommodations for Persons with Disabilities: