Author: David Stewart

Spotlight on the False Claims Act: Nesbitt v. Candler County, 945 F.3d 1355 (11th Cir. 2020)

David Stewart

In Nesbitt v. Candler County, 945 F.3d 1355 (11th Cir. 2020), the Eleventh Circuit established an important precedent on the causation standard to apply for a False Claims Act retaliation claim. In Nesbitt, the Eleventh Circuit focused on the crucial statutory language in the phrase “because of” in the antiretaliation provision of the False Claims Act and concluded that the “but for” causation standard should apply.  In reaching this conclusion,…

Spotlight on Government Contract and Procurement Fraud: Crowder Stewart LLP Positioned to Defend Against Southern District of Georgia Emphasis on Procurement Fraud

David Stewart

On May 4, 2018, the United States Attorney’s Office for the Southern District of Georgia announced the formation of a “strike force” as “part of a new emphasis on procurement fraud enforcement within the Southern District of Georgia.” By this announcement, the USAO has signaled that it is taking an aggressive stance against government employees, government contractors, and companies that do business with the federal government. When the federal government…

Spotlight on False Claims Act: Alere Settlement

David Stewart

Whistleblower to Receive $5.6 Million From False Claims Act Case Last week, the Department of Justice announced that Alere, Inc., a Massachusetts-based medical device manufacturer and its San Diego subsidiary have agreed to pay the United States $33.2 million to resolve allegations that Alere, Inc. violated the False Claims Act. The settlement resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to…

Spotlight on Healthcare Audit Defense: Medicare ZPIC Audits

David Stewart

The Centers for Medicare and Medicaid Services (“CMS”) contract with private companies to routinely target healthcare providers for post-payment reviews and audits. Contractors working for CMS include Zone Program Integrity Contractors (“ZPICs”), Recovery Audit Contractors (“RACs”), and Medicare Administrative Contractors (“MACs”). ZPIC Medicare Audit The ZPIC Medicare audit presents the greatest danger for healthcare providers because ZPICs are especially aggressive in seeking recovery of alleged overpayments. In addition, ZPICs can prompt law enforcement…

Crowder Stewart LLP Sponsors Session of Columbia County Teen Court

David Stewart

Last night, Crowder Stewart LLP sponsored dinner for the March 2018 session of Columbia County Teen Court, a joint venture between Columbia County Community Connections, Columbia County Juvenile Court, Harlem Department of Public Safety, Columbia County Board of Education, Grovetown Department of Public Safety, and Columbia County Sheriff’s Department.  Troy Clark, a partner in the firm, and his wife, Nicole, attended the session to assist the teen participants. Teen Court…