Lender Risks of False Claims Act Liability After Sup. Court's Escobar Ruling Upholding Implied Certification Doctrine
Defending Implied Certification Theory of FCA Claims in Litigation, Combating Statistical Sampling and Extrapolation Used to Prove Liability
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to banking and financial services litigators on the implied certification theory of False Claims Act (FCA) liability against lenders, and the impact of the Supreme Court’s recent ruling in Universal Health Servs. v. U.S., ex rel. Escobar recognizing the theory. The program will also discuss Escobar’s holding strengthening the materiality element of FCA claims, as well as the use of statistical sampling and extrapolation in FCA litigation to expand FCA liability.
- Implied certification doctrine
- Trends in the use of the doctrine
- Court treatment—circuit split
- U.S. Supreme Court’s ruling in Universal Health Services v. Escobar
- Use of statistical sampling and extrapolation in FCA litigation against lenders
- Recent DOJ and HUD litigation
- Arguments against statistical sampling
- Fourth Circuit appeal in Michaels v. Agape Senior Community Inc.
- Potential impact of Escobar on statistical sampling
- Escobar’s strengthened materiality inquiry
- Best practices in defending FCA litigation against FHA lenders
The panel will review these and other key issues:
- How will the Supreme Court’s Escobar ruling impact FCA litigation against lenders regarding the use of the implied certification theory of liability?
- How will the Supreme Court’s Escobar ruling impact FCA litigation against lenders based on an express certification theory?
- How are the courts treating statistical sampling and extrapolation in FCA cases?
- How have the DOJ and HUD utilize statistical sampling and extrapolation to assess lender compliance with the HUD-administered FHA-lending regulations?
Michael Y. Kieval
Weiner Brodsky Kider
Mr. Kieval represents companies in the financial services and mortgage industries nationwide in state and federal... | Read More
Mr. Kieval represents companies in the financial services and mortgage industries nationwide in state and federal litigation and government investigations. In addition to providing regulatory compliance advice to clients large and small, his practice includes general business and commercial litigation, including contract and insurance disputes, and defending consumer class actions, suits under state consumer protection statutes, and claims under other federal statutes, including RESPA, TILA, FCRA, the FDCPA, and the False Claims Act.Close
Jason W. McElroy
Weiner Brodsky Kider
Mr. McElroy represents companies in the financial services and housing industries in state and federal... | Read More
Mr. McElroy represents companies in the financial services and housing industries in state and federal litigation. He has represented clients in federal and state courts, as well as before federal agencies such as the Department of Justice, Federal Trade Commission, U.S. Department of Housing and Urban Development, and the Consumer Financial Protection Bureau. Mr. McElroy defends claims involving state and federal consumer protection statutes, unfair trade practices, financial regulatory statutes, and housing regulations.Close