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Under What Circumstances is a Contract Voidable?

Business and Commercial Disputes By Harvey Binnall PLLC - 2018/12/07 at 12:26pm

If you’re involved in a business dispute over a breach of contract, then it’s possible that the underlying agreement is voidable.  Voidable contracts give certain parties additional rights to terminate the contract and to avoid liability for breach, but the circumstances giving rise to a voidable contract are specific and limited. Void vs. Voidable — Understanding the Difference Those who are involved in a breach of contract dispute may not realize that there is a functional difference between void and voidable contracts.  This difference could have significant implications for the case at-hand. Void contracts are fundamentally unenforceable.  They are invalid […]

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Qui Tam Whistleblower Claims Can Be Challenged

White Collar Criminal Defense By Harvey Binnall PLLC - 2018/11/30 at 07:14pm

The False Claims Act (FCA) criminalizes fraud, waste, abuse, and regulatory violations, and enacts provisions that protect whistleblowers from retaliation (and that give them an opportunity to bring a lawsuit against the violator).  Under the FCA, qui tam actions may be brought against wrongdoers on behalf of the government.  This can expose the purported wrongdoer to significant criminal liability. If you’ve been sued pursuant to a qui tam action, the stakes are quite high.  Liability under the FCA can lead to penalties of up to three times the losses incurred by the government (as well as additional penalties for each […]

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Bribing a Foreign Official Could Expose You to Criminal Liability

White Collar Criminal Defense By Harvey Binnall PLLC - 2018/11/23 at 07:07pm

If you or your organization has been accused of having bribed a foreign official in violation of the Foreign Corrupt Practices Act (FCPA), then you may be concerned about the repercussions of conviction.  FCPA violations can give rise to significant criminal penalties that include up to $2,000,000 per violation (for entities) and up to $250,000 per violation and five years’ imprisonment for individuals.  This is not accounting for civil penalties, which may be imposed separately. Given the high stakes nature of FCPA anti-bribery litigation, it’s important that you understand the basics.  Let’s take a quick look. The Foreign Corrupt Practices […]

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The Basics of Medicare Fraud

Healthcare Fraud By Harvey Binnall PLLC - 2018/11/16 at 06:58pm

Medicare is a federal “socialized” health insurance program that provides health insurance to seniors and disabled persons.  Recent estimates peg Medicare participation at over 58 million individuals overall, most of which who are seniors. Given the prominent role that the Medicare program plays in American healthcare, it’s no surprise that fraud is commonplace.  On an annual basis, billions of dollars are extracted from the system due to fraud — false billing and other instances of fraud — which hurts taxpayers and erodes trust in our healthcare institutions. Prosecutors are quite aggressive when it comes to litigating Medicare fraud cases, as […]

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