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Cert Denied in Closely Watched FCA Penalties Case

Client Alert | less than 1 min read | 10.15.14

On Monday, the Supreme Court denied certiorari in Gosselin World Wide Moving v. U.S. ex rel. Bunk, in which the petitioners questioned to what extent the Eighth Amendment's Excessive Fines Clause serves as a check on per-invoice penalties under the False Claims Act. That denial will preserve the Fourth Circuit's holding that a $24 million fine was sufficiently proportional to the gravity of the offense, despite the relator's failure at trial to seek—let alone prove—any economic harm to the government.


Insights

Client Alert | 3 min read | 10.10.25

New Post Appeals Mediation Pilot Program

On October 1, 2025, the IRS Independent Office of Appeals launched a two-year pilot program to make Post Appeals Mediation (PAM) more attractive and accessible to taxpayers. See IRS Announcement 2025-10. The new PAM pilot program offers taxpayers the opportunity to be assigned to a new Appeals team, which is otherwise unconnected to the underlying case, who will represent the original Appeals team in the mediation session. The assignment of the new Appeals team does not begin a new appeals process but rather is intended to help facilitate an expedited and impartial look at the underlying case with the goal of further exploring all potential paths to resolution prior to litigation....