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Massachusetts Lawyers Weekly

  • Search and seizure – Motion to suppress – Franks hearing
    Where the defendant moved to suppress the fruits of search warrants and telephone intercepts based upon the failure to include the informant’s own criminal activity within his affidavit, the motion is denied because independent corroborating evidence supported the affidavit. “In 2016, the Drug Enforcement Administration (‘DEA’) began investigating the Defendant. The investigation relied on evidence […]
  • Contract – Settlement agreement – False Claims Act
    Where plaintiff/relator sought to enforce a settlement agreement which required the consent of the Department of Justice, the failure of this contingency rendered the agreement invalid and allowed the court to consider and ultimately grant defendant’s 12(b)(6) motion to dismiss the FCA claims. “This is a False Claims Act (‘FCA’) case involving Medicare reimbursements for […]

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