Preview

The False Claims Act

Good Essays
Open Document
Open Document
776 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The False Claims Act
THE FALSE CLAIMS ACT
Proprietary education dates back to the late nineteenth century where institutions focused on professional training in teaching, medicine, and law (Breneman, Pusser, &ump; Turner, S., 2000). The 1972 Higher Education Reauthorization Act included for-profit institutions in federal financial aid programs and changed the vernacular of higher education to postsecondary education (2000). This piece of legislation along with new technologies along with increased demand for higher education and prompted a resurgence of for-profit institutions in the latter half of the twentieth century (2000). From these changes, a new era of postsecondary education was born
According to Turner (2006), for-profit institutions are more responsive to the changes in the external environment and are able to capitalize on new opportunities. The growth among for-profit institutions can be attributed to their ability for geographic variation and catering to the need of non-traditional students for increased educational access. The geographic variation references the inability of non-for-profit educational institutions to adjust to changes in state, regional, and local demand due to political and social forces. For-profits' flexibility in their governance structure, sensitivity to market conditions, and the ability to generate investment capital through public and private means allow them to establish themselves in new and emerging markets regardless of career and location. Also, for-profit institutions are able to conceptualize the geographic boundaries of education that constrain traditional educational institutions. Therefore, for-profit hold a competitive advantage over non-profit institutions in attracting the expanding market of the aforementioned non-traditional students through flexible educational offerings (e.g. time and duration of classes and programs) as well as convenient locations (e.g. online or accessible locations).
According to Floyd (2007) argued

You May Also Find These Documents Helpful

  • Powerful Essays

    Anthem Education Group

    • 6631 Words
    • 27 Pages

    Anthem Education Group (“Anthem”) offers primarily career-focused Certificate and Associate degree programs. Unlike many for-profit education companies examined, Anthem has not experienced steady growth in student enrollment and profit realized in recent years. Largely as a result of sanctions from one of its brand’s accreditors in 2007, the company was forced to close campuses leading to a decline in enrollment, a lack of profitability, and continuing shifts in management and ownership. While Anthem’s relatively low student withdrawal rates suggest students are persisting in the company’s programs, the company’s high rates of student loan default call into question whether Anthem students are receiving an education that affords them the ability to repay the debt incurred.…

    • 6631 Words
    • 27 Pages
    Powerful Essays
  • Good Essays

    On top of being successful academically, as well as being able to support themselves financially, these colleges can independently run themselves. Labaree explains that public universities deal with layers upon layers of bureaucracy which can seize up any attempt to make an operational change. Of course, private universities are not able to get away with anything, they too must jump over hurdle but not nearly as many. The major difference is governmental involvement. Private universities can create a program and must only run it through boards within the…

    • 815 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Although Yarushka’s family saw victory, It is hard to decipher just who won the case due to the fact that most False Claims Act cases are settled out of court before ever going to trial in order to avoid the severe consequences that may be imposed under the statute (Enstrom 2016). The penalty can range up to 11,000 per false claim and possibly triple the damages (Enstrom 2016).…

    • 499 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Statute of Frauds clearly identifies what contracts have to be presented in the written format in order to remain enforceable (Reilly, 2000), therefore written agreements should be signed by all parties to be binding. The Statute of Frauds is a rule of law requiring certain kinds of written contracts, not oral contracts since they are vague and frequently don't provide sufficient proof of the terms agreed upon by each parties. Oral contracts create more complications and are the main reason for difficulties in the business. Although the status contains many technicalities, its primary purpose is to prevent injury from fraudulent conduct.…

    • 251 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The article is about settlement of $238 million for the kickback allegations which commences from a whistle-blower lawsuit. It stated that four Georgia Hospitals, namely, the Atlanta Medical Center, North Fulton Hospital on Roswell, Spalding Regional Hospital on Griffin and Hilton Head Hospital on Hilton Head Island knowingly infringed the False Claims Act or FCA. Cleverley, W.O., Song, P.H., and Cleverley, J.O., (2011) defined the False Claim Act (FCA) which is the federal government’s primary civil remedy for improper or fraudulent claims. This article fit the description that the four Georgia hospitals committed fraud by illegally acquiring kickbacks from referrals by “contracting with a clinic operated by Hispanic Medical Management for prenatal care provided to uninsured patients.” According to Cleverley, W.O., et al, “Qui tam actions are also known as “whistleblower” suits. In a Qui tam action a relator with personal knowledge of a fraud brings a suit against a defendant on behalf of the government.” The discovery was made due to the suspicious amount “the company reported $97 million net loss for the fourth quarter of 2015 compared with a $61 million net profit in the same quarter of 2014.” In addition, “the company reported a $140 million net loss for the full year, compared with a $12 million profit in 2014.”…

    • 475 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Statute of Frauds

    • 257 Words
    • 2 Pages

    Any contract for the sale of goods that exceeds $500 falls under the statute of frauds and must be in writing to constitute an enforceable contract. The contract between Tidwell and Anthony amounts to $50,000 and must be in writing to be enforceable, which presents the first issue in this problem. There are, however, alternative means of satisfying the Statute of Frauds. In this case, Tidwell provided Anthony with a good faith payment of $10,000 when the oral contract was entered into on June 1. This earnest payment falls under the partial payment rule. The UCC permits partial payment to satisfy the Statute of Frauds, but only for the quantity of goods that have been paid for. In this case, Tidwell should be entitled to the quantity that he should have received for the $10,000 when the oral contract was entered into on June 1, which would amount to 20 heads of cattle. The second issue in this problem arises from the price change that occurred on June 3; the price has reduced from $500/head of cattle to $400/head of cattle. In this case, Tidwell has the opportunity to realize a savings from Anthony’s repudiation and can purchase the cattle from a different seller for a lower price. Thus, Anthony would not owe Tidwell any additional damages other than putting him back in the position he was before the contract was entered into, which would require him to either return the $10,000 or provide him with 20 heads of…

    • 257 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    From the founding mission statement to the process of liquidation after going out of business, the two types of establishments rarely follow the same practices. Neither is immune to financial disasters, however. Depressions in the global economy have huge impact on the futures of non-profit as well as for-profit organizations. It is becoming increasingly important for non-profits to change their financial management, and adopt some of the accounting methods and strategic thinking used by for-profits. Many non-profits are working to develop alternative income streams to help stay…

    • 2201 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    The statute of fraud is defined as, “a law that requires that certain contracts be in writing, and that those contracts be signed by the parties who are to be bound by the contract”. [1] The policy that underpins the Statue of Frauds was established during the reign of King Charles II through a statutory enactment requiring a written record for specified types of contracts. [2] These specified types of contracts could not be enforced unless a memorandum of it is written and signed by the party to be charged. [3] The basic rules include: 1. the stature does not require the entire contract to be written, but only a memorandum of it, 2. only the party who is to be charged, that is, against whom enforcement is sought, need to have signed it, and 3. The consequence of noncompliance is usually unenforceability, not invalidity. [4] This was to ensure that a person could not seek to enforce an obligation of the kind covered by the statute purely on the basis of unreliable and possibly perjured oral testimony, but would have to produce some adequate written record of the contract. [5] The writing can also help reduce the chance of any future litigation by giving the parties the opportunity to take a second look at the terms and conditions of their agreement before it becomes final. [6] Because of the advancement of communication through technology the adaptation of “writing” and “signature” has been required to take account of communication by other forms, particularly including electronic and media. [7]…

    • 326 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Cited: McMurtry, John. "University wars: the corporate administration vs. the vocation of learning." university issues. (2009): 191-195. Print.…

    • 545 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Computer Fraud Act Of 1984

    • 2247 Words
    • 9 Pages

    Due to the advance technology of the Internet, the government, private industry and the everyday computer user have fears of their data or private information being comprised by a criminal hacker. C.C. Palmer, who manages the Network Security and Cryptography department at the IBM. Thomas J. Watson Research Center writes, “They are afraid that some hacker will break into their Web server and replace their logo with pornography, read their e-mail, steal their credit card number from an on-line shopping site, or implant software that will secretly transmit their organization’s secrets to the open Internet”. This hacking is not only widespread, but is being executed so flawlessly that the attackers compromise a system, steal everything…

    • 2247 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Department of Education has rewritten the “gainful employment” rule in order to regulate the for-profit institution. The change of the rule was originally blocked in 2012 when the judge ruled that the “Education Department arbitrarily crafted the threshold for determining how well a program’s former students repay their loans” (Stratford, 2015). The regulation was then rewritten and the loan repayment metric was dropped from the rule and it focused on whether a program graduated students with high levels of debt as compared to their earning. A lawsuit was filed by the Association of Proprietary College, which represents for-profit colleges in New Your attempted to block this new rule but the lawsuit was dismissed by U.S. District Judge Lewis Kaplan of New York. The judge ruled that the Education Department had the legal power to create the rule and followed proper procedures in developing the second iteration of the regulation. He rejected the argument that the regulation, which cuts off federal aid to career education programs that graduate students with high debt loans relative their earnings, violated the for-profit schools constitutional right to due process. Donna Stelling-Gurnett, executive director of the Association of Proprietary Colleges, said “While we agreed with the department’s goals for this rule from the outset, we remain steadfast in our conviction that this regulation does not achieve those goals” (Ax, 2015). The for-profit group made…

    • 956 Words
    • 4 Pages
    Good Essays
  • Good Essays

    For-Profit Education

    • 1202 Words
    • 5 Pages

    For-Profit education has been present for many years however has recently become a popular commodity. The for-profit educational world has been gaining popularity for a number of reasons. These include such aspects as access, student population, financial cost, etc. This paper will explore For-Profit education, a brief history, the students these institutions aim to serve, the intended focus of For-Profits and quality, the impact on higher education, and the roles of student affairs professionals within For-Profits.…

    • 1202 Words
    • 5 Pages
    Good Essays
  • Good Essays

    False Claims Act

    • 614 Words
    • 3 Pages

    (5) buying public property from a federal officer or employee, who may not lawfully sell it;…

    • 614 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    One message is delivered relentlessly in American education: Everyone should go to college. As a result, competition within the college admission game has been increasing for several decades as more and more students apply to attend universities. While many view this upward trend in college applications and attendance as a positive shift in the value of a higher education, professors at American’s universities are increasingly exposed to underprepared students. Due to these rising college expectations in youth, a post-secondary education has become a necessity to enter the white-collar job market. Subsequently, as the number of college graduates increases, the economic markets become over-saturated…

    • 2545 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    Discrimination Act

    • 505 Words
    • 3 Pages

    The Sex Discrimination Act 1975 is an act of the Parliament of the United Kingdom. The Sex Discrimination Act 1975 (SDA) makes it unlawful to discriminate against an individual on the grounds of gender and marriage, and promotes sexual equality within employment, education, advertising, and provision of housing, goods, services and facilities. The Act was amended in 1986 to ensure that discrimination within small firms, private households and employment, and at the age of retirement, was abolished.…

    • 505 Words
    • 3 Pages
    Good Essays

Related Topics