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Whistleblower's FCA Claims Fail Public Disclosure and First-to-File Bars

Client Alert | 1 min read | 04.01.13

In U.S. ex rel. Beauchamp v. Academi Training Center, Inc. (E.D. Va. Mar. 21, 2013), in which C&M represented the defendant, the court dismissed all claims that Academi had violated the False Claims Act by allegedly falsifying its labor invoices and failing to qualify Afghanistan-based security personnel on certain weapons properly. The court held that public disclosure barred both claims because they either had been publicly disclosed in the media or in an earlier qui tam action brought against Academi (resulting in a judgment in favor of Academi with C&M defending), but also that the labor claim was precluded by the first-to-file bar because it was based on the underlying facts in a related and earlier-filed qui tam suit that was pending when the Beauchamp complaint was filed.


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Client Alert | 2 min read | 03.27.26

CMS Releases PY 2020 RADV Audit Methods and Instructions: Key Takeaways for Health Plans

On March 20, 2026, the Centers for Medicare and Medicaid Services (CMS) released new guidance outlining the agency’s audit methods and instructions for Medicare Advantage (MA) plans subject to upcoming risk adjustment data validation (RADV) audits for payment year (PY) 2020. In addition to providing necessary context for MA plans selected for auditing, this resource clarifies CMS’s methodological and procedural expectations. While the high-level takeaways are recapped below for convenience, we strongly recommend that MA organizations selected for PY 2020 audits closely review the guidance to understand what may be involved — or required — during the agency’s review....

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