Document Type
Perspective
Publication Title
Emory Corp. Governance & Accountability Rev. Perspectives
Publication Date
1-5-2019
Abstract
For many for-profit colleges, most of their gross tuition is made up of students paying with some type of Title IV aid. For Heritage College, a private for-profit college working under Weston Education, Inc., roughly 97% of their students received Title IV aid. Remaining eligible to accept federal funds has become an integral piece of these for-profit colleges business models. Two main theories have been recognized by the courts for FCA liability when evaluating ICB claims: promissory fraud and the implied false certification theory (IFCT). This Paper will cover the courts' analysis of these two legal theories and the key points that have created differing outcomes. The courts' precedent points heavily to the determination that the ICB does not rise to a level of materiality under either of these theories.
First Page
1075
Volume
6
Recommended Citation
Luke Jacobs,
The "Materiality" of the Incentive Compensation Ban in Higher Education,
6
Emory Corp. Governance & Accountability Rev. Perspectives
1075
(2019).
Available at:
https://scholarlycommons.law.emory.edu/ecgar-perspectives/5