Potential FCA Whistleblower Actions Under EKRA
- June 12, 2020
- Rachel V. Rose , Rachel V. Rose—Attorney at Law PLLC
On May 11, 2020, Theresa C. Merced was sentenced to five months imprisonment, followed by five months of home confinement as a part of her three years of supervised release, plus a $55,000 fine.[1] This follows her guilty plea on January 10, 2020 to one count of violating the Eliminating Kickbacks in Recovery Act of 2018 (EKRA),[2] which is believed to be the first conviction under the statute.[3] This was a criminal action brought by the U.S. Department of Justice (DOJ). As far as we know, there is no related civil case; however, it raises the question of whether the False Claims Act (FCA)[4] could be used by the federal government or a qui tam relator to bring a civil action for EKRA violations.
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