Those plaintiffs counsel practicing in the Third Circuit should rejoice in knowing that RICO provides a powerful tool for creditors against debtors using fraudulent means to avoid paying.

In the January 5, 2023 edition of The Legal Intelligencer, Edward T. Kang wrote “Sophisticated Schemers Beware: Civil RICO Expands Creditors’ ArsenalContinue reading ›

The Third Circuit has adopted a more plaintiff/relator friendly interpretation while the Eighth Circuit has reached the opposite conclusion. Until the U.S. Supreme Court settles the circuit split, choice of venue is key for those bringing claims under the Anti-Kickback statute.

In the December 1, 2022 edition of The Legal Intelligencer, Edward T. Kang and Kandis Kovalsky wrote “Fighting Fraud in Health Care Through the False Claims Act in the Third CircuitContinue reading ›

Kang Haggerty LLC, a law firm based in Philadelphia, PA and Marlton, NJ, recently secured a settlement in a class action lawsuit filed against the City of Bridgeton, New Jersey, and Borgers, Saunders, Taylor and Associates LLC, which provided New Jersey towns and cities with vacant and abandoned property program services. Continue reading ›

A smart and tactical choice of venue can set the stage for victory, and in a False Claims Act case, that choice may make all the difference.

In the November 10, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “Circuit Split on Materiality Standard in FCA Cases and Choosing the Right VenueContinue reading ›

Copy-of-2022-Best-Lawyers-1-1-1024x1024Kang Haggerty has once again received national and regional recognition in U.S. News – Best Lawyers® “Best Law Firms” 2023. In the national rankings, Construction Law and Litigation-Construction are both recognized. In regional rankings for Philadelphia, Commercial Litigation, Construction Law, Employee Benefits (ERISA) Law, and Litigation-Construction are all ranked. Continue reading ›

Kang Haggerty Logo followed by the article title and Legal Intelligencer logo on a light blue background.On November 7, 2022, The Legal Intelligencer announced its 2023 Young Lawyer Editorial Board, which includes Kang Haggerty Associate Kyle Garabedian. The Young Lawyer Editorial Board is comprised of 21 attorneys from across Pennsylvania tasked with writing articles on the most consequential issues facing young lawyers today. Member Kandis L. Kovalsky previously served on the Young Lawyer Editorial Board.

The Legal Intelligencer is the oldest daily law journal published in the United States and serves the legal community of Philadelphia and surrounding areas.

Copy-of-NAPABA-Convention-2022-Speaker-Social-Graphic-FB-Twitter-LI-1024x576Kang Haggerty attorneys Edward T. Kang, Kandis L. Kovalsky, and Susan Moon O are attending the National Asian Pacific American Bar Association (NAPABA) 2022 Convention in Las Vegas from November 3 through November 6, 2022.

On Friday, Edward and Kandis are joined by Erika Hiramatsu, Steve Koh, Kolin Tang, and Grace Park to present “How to Whet Uncle Sam’s Whistle: A Guide to Litigating Cases under the False Claims Act.” This program will cover issues that commonly arise in litigating cases brought under the False Claims Act where the government declines to intervene, with a particular focus on healthcare cases. The panelists will offer discussion from the points of view of counsel for Relators, Government, and Defendants. This CLE will also include an explanation of the key provisions of the FCA, recent key cases involving the healthcare industry, and recent policy developments and enforcement trends under the Biden Administration.

The NAPABA Convention is the largest annual gathering of Asian American and Pacific Islander (AAPI) attorneys, judges, law professors, and law students—bringing meaningful insights, networking opportunities, and perspective to the legal community.

Members Edward T. Kang and Kandis L. Kovalsky, along with Associate Ross Wolfe attended the Taxpayers Against Fraud 22nd Annual Conference in Washington DC from October 26 through October 28, 2022.

Taxpayers Against Fraud (TAF) is a non-profit organization dedicated to both defending and empowering those who expose fraud in both the government and the financial markets. TAF focusing on not only empowering and defending whistleblowers, but also educating the attorneys that help represent these Whistleblowers.

 

TAF (Taxpayers Against Fraud) Logo and Article Title on slate blue backgroundIn the October 2022 Edition of Taxpayers Against Fraud (TAF) Newsletter, Kandis Kovalsky wrote “Relator’s Share: What Is It? How Does It Work? What Is The Process?

To incentivize whistleblowers to assist the Government in combatting fraud on the Government and its taxpayers, the False Claims Act, 31 U.S.C. § 3729, et seq. (the “FCA”) ensures that a whistleblower under the FCA (referred to as a “Relator”) receives at least 15 percent of the proceeds recovered by the Government in any action filed under the FCA by a Relator (referred to as a “qui tam” action). A Relator receives 15 percent of the proceeds of an FCA action just by causing a complaint to be filed; 15 percent is the minimum. Continue reading ›

In the October 13, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “The Great Pandemic Heist: Attorneys’ Role in Fighting PPP Loan Fraud

In the COVID-19 era, there has been a heist of great value, but it has not gone undetected. Prosecutors have called the heist the largest fraud in U.S. history, with the thieves stealing hundreds of billions of dollars in taxpayer money through fraudulently obtained Paycheck Protection Program (PPP) loans.

The “good” thieves are able to abscond with tremendously valuable items while remaining undetected. They take care to cover their tracks, to make sure any witnesses are silenced, and to financially clean the ill-gotten goods as quickly as possible. In the COVID-19 era, there has been a heist of great value, but it has not gone undetected. Prosecutors have called the heist the largest fraud in U.S. history, with the thieves stealing hundreds of billions of dollars in taxpayer money through fraudulently obtained Paycheck Protection Program (PPP) loans. The thieves’ plan to line their pockets was fairly simple: steal the money that the government was doling out to help buoy the economy during the throes of the pandemic. They took advantage of the government’s urgent loan dispersal to those who required immediate help. But the thieves could not resist showing off their looted wealth. They began purchasing flashy and expensive Lamborghinis, beautiful beachfront houses, and spending large amounts in cash. The careless and reckless nature of the heist has proven to be its undoing, and now the U.S. government is coming to take back what was stolen—although they are not acting alone.

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