Law360 Quotes Robert Salcido on Court Ruling Blocking DOJ from Participating in FCA Case
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Akin Gump health care and life sciences partner Robert Salcido has been quoted in the Law360 article “DOJ Suffers Rare Rejection Of Late FCA Case Takeover.” The article reports on a ruling by a federal judge in Tennessee barring the Justice Department from joining a False Claims Act (FCA) case because it waited too long to intervene in whistleblower litigation alleging kickbacks among eye doctors.
Salcido told Law360 that the ruling “establishes important precedent for a few reasons.” Among them, he said, the ruling comports with the spirit of the initial 60-day seal period by encouraging the government to investigate promptly. It thereby prevents the government from burdening defendants with extra costs by intervening belatedly unless it truly has new evidence supporting its change of heart.
“Other courts may find this court’s reasoning compelling,” stated Salcido, “and the development of consistent case law in this area will serve as a check on the government from later attempting to intervene in qui tam cases when it has no apparent reason to do so.”
