The Federal False Claims Act (31 USC §§ 3729-3733) was enacted during the Civil War in 1863 in response to rampant fraud committed against the United States by government contractors and is still in effect. In short, a person who knowingly presents a false claim for payment to a government-funded health care program, such as…

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Most counties across Indiana offer criminal diversion programs. These programs are designed for people with little to no criminal history. Under Indiana Code Sections 33-39-8-5(6) and 33-39-1-8, persons charged with certain misdemeanors (and certain felonies) can enroll in the program and avoid having a conviction on their record after successfully completing the program. Diversion programs…

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The Biden Administration proposed three (3) vaccine mandates in 2021. The first mandate pertained to medical facilities which receive Medicare or Medicaid payments (hospitals, nursing homes, etc.). The second mandate pertained to companies which accept federal contracts (and the company’s subcontractors who may work on the project). The third mandate – which was the most…

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Recently, in an unpublished opinion, the Indiana Court of Appeals upheld a trial court ruling refusing to vacate an order of summary judgment where one of the lead responding counsel of record was not served electronically but his co-counsel was. In Neil v. Byers, 2021 Ind. App. Unpub. LEXIS 741, 2021 WL 3871935, an injury…

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On Wednesday, March 10, 2021, Michigan Bankruptcy Judge Scott Dales approved the Disclosure Statement filed by lawyers for Interlogic Outsourcing, Inc. (“IOI”), Trustee Mark Iammartino of the Najeeb Khan (“Khan”) bankruptcy and Trustee Kelly Hagan of the bankruptcies involving companies referred to as the “Khan Entities.” The Disclosure Statement and Plan of Liquidation it supports…

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In 1995, I had been out of law school for nine years.  It was in April of that year that I had the opportunity to be sworn into the Supreme Court of the United States.  My former boss, Judge Allen Sharp of the United States District Court for the Northern District of Indiana, invited any…

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               During the current shut down of the Court system, attorneys are finding it difficult, if not impossible to get an issue in front of a Judge for a decision and thus are finding the status of their case in limbo.  However, the option of mediation remains a tool you can utilize to benefit your…

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It is no secret that underage college students occasionally consume alcohol. Underage college students who consume, purchase, or transfer alcohol sometimes encounter law enforcement. These encounters may lead to the college student being arrested and charged with Minor Consuming. Indiana treats underage alcohol consumption harshly. Minor Consuming is a crime in Indiana – specifically, a…

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