CALL US TOLL FREE FOR HELP: 1-800-632-1404

We are attorneys that investigate False Claims Act cases nationwide, including in the states of Tennessee, Arkansas, Mississippi, Kentucky and elsewhere for Medicare fraud, tax fraud, contractor fraud and more against a range of employers including healthcare providers, medical device companies, defense contractors, and pharmaceutical companies. We stand ready to provide a free case evaluation to you; please call us today.

False Claims Act Attorney: Settlement against Ranbaxy

India’s largest generic drug manufacturer has agreed to pay $500 million dollars to the United States and individual states to resolve allegations that Ranbaxy falsified drug data and systematically violated current good manufacturing and laboratory practices resulting in substandard and unapproved prescription drugs. The settlement is the largest of its kind against the generic drug manufacturer under the qui tam provisions of the False Claims Act.

The Relator, Danish Thakur filed a whistle blower lawsuit in 2007 under the False Claims Act detailing Ranbaxy’s violations.  The lawsuit was filed in the United States District Court for the District of Maryland and alleged that Ranbaxy caused false claims for payments to be submitted to government healthcare programs for numerous adulterated drugs.  It is worth remembering that the False Claims Act allows a whistle blower to report a fraud on a government program with the protection of a court-ordered seal and confidentiality and to receive a percentage of the amounts recovered in a successful case.

In this particular case, the United States Government and Department of Justice intervened in the lawsuit, providing additional  support for the allegations that the company violated federal law.  Allegations included inadequate testing to ensure that the drugs were safe, effective, free from cross-contamination and manufactured in compliance with their approved specifications.  Allegations include that the company falsified information about their drugs including back-dating test results and submitting false data where no tests were performed.  The violations are alleged to have adulterated dozens of generic drugs purchased by government healthcare programs such as Medicare and Medicaid, as well as generic drugs purchased by the United States under the President’s Emergency Plan for Aids Relief.

As a result of the $500 million dollar settlement, the government will obtain approximately $350 million dollars in civil penalties and $150 million dollars in criminal penalties.  Mr. Thakur will receive 21% of the federal and participating Medicaid state civil recoveries.  The company has entered a plea of guilty to six felony counts in criminal information filed by the United States government including introducing into commerce adulterated or mis-branded drugs.

If you have any information concerning a medical device or prescription drug company that is committing fraud against the United States of America or a state, please contact us as soon as possible for a free case evaluation.

THE SCOPE OF FRAUD

Amazingly, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud.

The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/Defense contract fraud; Pharmaceutical Manufacturing;contract fraud involving any number of large government spending programs; or other types public benefit fraud.

HELPING THE PUBLIC.

As a whistleblower attorney, we are interested in speaking with persons willing to make known the truth about company practices and are willing to file a qui tam or whistleblower action. One area in particular we are interested in discussing are lawsuits involving medical device companies where the company is alleged to have overcharged, engaged in kickback programs, and the like. We will nevertheless investigate claims in a variety of areas.

Workers and persons all across the country witness actions at their work that may be unlawful or even corrupt. Unfortunately, some employees and workers feel that they will be fired, terminated, harrassed or punished if they report an unlawful or corrupt action. These reporters, however, are protected by the law as a Whistleblower and can receive compensation because of the False Claims Act or the Medicaid False Claims Act. If you have reported actions that may be fraudulent, then you should talk to a Whistleblower or qui tam lawyer about your facts.

Whistleblowers help the government to get back billions of dollars each year with the help of the False Claims Act. In fact, fraudulent Medicaid claims are also caught by whistleblowers having the Medicaid False Claims Act on their side. If you report a false claim or fraudulent action to the government, then the government will give you, the whistleblower, a part of the money that gets recovered. This is because of qui tam requirements. Qui Tam means that a person files a lawsuit for the king and also for him or herself. The phrase is qui tam pro domino rege quam pro se ipso in hac parte sequitur, or, “he who sues for the king as well for himself.”

These requirements and lawsuits were made popular during the Civil War when many people were getting away with fraudulent actions against the government. In 1986, the False Claims Act was amended to raise the total compensation given to people who reported fraudulent actions, or whistleblowers. If a whistleblower works with a lawyer then it may be possible for them to get three times the amount the government would get in damages and also get additional compensation for general fines.

TYPES OF CASES

The most common situations that could form the basis of a Qui Tam action include:

• Submitting a false or fraudulent record, bill or statement to the government in order to fraudulently obtain money such as reporting a medical service that was never performed for Medicare or Medicad;
• Conspiring with a third party to submit or present have a false or fraudulent claim to the government;
• Withholding property of the government with the intent to defraud or conceal the property from the government;
• Fraudulently buying property of the government from someone not authorized to sell that property; and
• Making a false statement to fraudulently avoid paying money to the government or to avoid delivering property to the government.

FOR HELP, PLEASE CONTACT US.

We help whistleblowers on a contingency basis, meaning there is no fee charged for our work unless there is a recovery. We also front any and all expenses. No matter where you are located — we will represent you. We will come to you, you will not have to come to us.

Attorneys in our firm and attorneys that we work with on Whistleblower, Qui Tam, False Claims Act cases have represented a host of persons making claims, for violations of federal tax law, Medicare law and more.

For more information, please contact our team of whitsleblower and qui tam attorneys today.

CALL 1-800-632-1404

or fill out this form below for a free initial consultation.

CALL US TOLL FREE FOR HELP: 1-800-632-1404

We are attorneys that investigate False Claims Act cases nationwide, including in the states of Tennessee, Arkansas, Mississippi, Kentucky and elsewhere for Medicare fraud, tax fraud, contractor fraud and more against a range of employers including healthcare providers, medical device companies, defense contractors, and pharmaceutical companies. We stand ready to provide a free case evaluation to you; please call us today.

False Claims Act Lawyer Discusses Bostwick Labs Case

I wanted to bring your attention to the case of United States Ex Rel Daugherty Bostwick Labs from the Southern District of Ohio.  On December 18, 2012, the United States District Court for the Southern District of Ohio denied a motion to dismiss that lawsuit that was filed under the False Claims Act alleging that a laboratory company and its founder and CEO defrauded federal healthcare programs and the healthcare programs of seven U.S. states and the District of Columbia by submitting false claims for reimbursement. In that case, the Relator alleged that the defendant submitted claims for services that were not ordered by a physician and provided illegal kickbacks to physicians to offer incentives to refer business to the defendant in violation of the Stark law and the Anti-Kickback Statute.  The Relator happened to be the president of a competing laboratory company but alleged that his company shared customers with the defendant and that some of those customers informed the Relator of the defendant’s alleged practices.  The government did not intervene in the suit.

One of the issues in the motion to dismiss was the public disclosure bar.  The corporate defendant argued that the Relator’s fraud claims were jurisdictionally barred because the claims were based on information that it had already been publicly disclosed.  In support of its argument, the defendant alleged that the Relator’s complaint relied on a letter the defendant general counsel sent to various providers informing them of a “loophole” they could exploit by billing government entities for a particular test even if it was not ordered by the treating physician, supposedly the same “loophole” that the relator alleged constituted an FCA violation.

Moreover, the defendant argued that several large laboratories met with governmental officials from the Centers from Medicare and Medicaid Services (CMS) to discuss the loophole and that the meeting constituted a public disclosure.  The defendant also pointed to several articles discussing the loophole and noted that another healthcare association and submitted a comment letter to the CMS on the issue and that the letter was a public disclosure since it was available on the CMS website.  After reviewing the defendant’s arguments, the court held that none of these purported public disclosures precluded the Relator’s claims.

First, the court held that since the general counsel’s letter did not meet the FCA’s definition of a public disclosure.  This was because the letter was not part of a criminal, civil, or administrative proceeding; was not included in a Congressional, administrative or GAO report, hearing, audit or investigation; and was not from the news media.  While the court held that the new articles were public disclosures and that the CMS meeting and letter to CMS were arguably public disclosures, they did not bar the relator’s suit since “substantially identity between the disclosures and the complaint does not exist” and therefore the allegations in the complaint could not have been based upon those public disclosures.

The Court summarized in its holding by restating the Relator’s analogy “A handbook describing how to crack a safe does not mean that the fact that a particular safe cracker robs backs is publically disclosed.”

The court also denied the motion to dismiss for failure to state a claim.  The defendant argued that even if the testing that was at issue was not ordered by a treating physician, the Relator could not show that any of the tests at issue were not medically necessary.  The defendant argued that the claims for reimbursement were not false because the tests were medically necessary.  The defendant pointed to a specific exception to the rule requiring a treating physician signature, but the court rejected defendant’s argument, agreeing with the Relator that the defendant’s argument challenged the Relator’s factual allegations which must be accepted as true at the motion to dismiss stage, the viability of the Relator’s cause of action itself.  It is anticipated that the defendant will file a motion for summary judgment on this issue after the close of proof.

The court similarly denied the motion to dismiss the claim that no action was properly pled on violation of the anti-kickback statute and the Stark law.  The court held that when the defendant submitted its application to participate in federal healthcare programs, it signed an agreement that included a certification stating that the defendant understood the payments under those programs were to be conditioned on compliance with applicable laws and regulations including Stark and the Anti-Kickback Statute.

Second, the court held that the Relator adequately pled the defendant’s illegal remuneration to doctors as the Relator detailed the arrangement whereby the defendant would provide value, in the form of competing various administrative tasks on behalf of physicians, offering physicians opportunities to bill the government for certain components of tests at a marked up price, and offering physicians discounts on private insurance business, in exchange for referrals to its laboratory.

The court finally denied the motion to dismiss for failure to plead fraud with particularity.  The court determined that the Relator’s fraud allegations were adequately pled as the Relator’s complaint was sufficient to put the defendant on notice of the Relator’s claims.  The court gave the defendant notice that the plaintiff should be allowed to conduct discovery on some of the specifics of the fraud, and held that the Relator’s failure to describe actual false claims was not fatal to his case as the court determined that the Relator’s allegations, taking as a whole and accepted as true would lead to strong inferences that the false claims were submitted to the government as a result of the defendant’s misconduct.

The court finally looked at the issue involving piercing the corporate veil.  The Relator countered that the corporate veil should be pierced and the FCA liability should attach to the individual defendant’s personally since the individual defendant also committed fraud on the government in the individual’s capacity and since its identity was inseparable from the corporate defendants with respect to the alleged fraud.  The court agreed with the Realtor finding that the Relator pled adequate facts from which the court could infer that the individual defendant personally participated in the alleged fraud and that the corporate defendant’s alleged fraudulent actions could be imputed to the corporate defendant.

If you have any knowledge about a similar cause of action involving improper medical benefits offered to the public, improper kickbacks received by doctors or healthcare providers, or similar alleged false claims, please contact us.

THE SCOPE OF FRAUD

Amazingly, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud.

The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/Defense contract fraud; Pharmaceutical Manufacturing;contract fraud involving any number of large government spending programs; or other types public benefit fraud.

HELPING THE PUBLIC.

As a whistleblower attorney, we are interested in speaking with persons willing to make known the truth about company practices and are willing to file a qui tam or whistleblower action. One area in particular we are interested in discussing are lawsuits involving medical device companies where the company is alleged to have overcharged, engaged in kickback programs, and the like. We will nevertheless investigate claims in a variety of areas.

Workers and persons all across the country witness actions at their work that may be unlawful or even corrupt. Unfortunately, some employees and workers feel that they will be fired, terminated, harrassed or punished if they report an unlawful or corrupt action. These reporters, however, are protected by the law as a Whistleblower and can receive compensation because of the False Claims Act or the Medicaid False Claims Act. If you have reported actions that may be fraudulent, then you should talk to a Whistleblower or qui tam lawyer about your facts.

Whistleblowers help the government to get back billions of dollars each year with the help of the False Claims Act. In fact, fraudulent Medicaid claims are also caught by whistleblowers having the Medicaid False Claims Act on their side. If you report a false claim or fraudulent action to the government, then the government will give you, the whistleblower, a part of the money that gets recovered. This is because of qui tam requirements. Qui Tam means that a person files a lawsuit for the king and also for him or herself. The phrase is qui tam pro domino rege quam pro se ipso in hac parte sequitur, or, “he who sues for the king as well for himself.”

These requirements and lawsuits were made popular during the Civil War when many people were getting away with fraudulent actions against the government. In 1986, the False Claims Act was amended to raise the total compensation given to people who reported fraudulent actions, or whistleblowers. If a whistleblower works with a lawyer then it may be possible for them to get three times the amount the government would get in damages and also get additional compensation for general fines.

TYPES OF CASES

The most common situations that could form the basis of a Qui Tam action include:

• Submitting a false or fraudulent record, bill or statement to the government in order to fraudulently obtain money such as reporting a medical service that was never performed for Medicare or Medicad;
• Conspiring with a third party to submit or present have a false or fraudulent claim to the government;
• Withholding property of the government with the intent to defraud or conceal the property from the government;
• Fraudulently buying property of the government from someone not authorized to sell that property; and
• Making a false statement to fraudulently avoid paying money to the government or to avoid delivering property to the government.

FOR HELP, PLEASE CONTACT US.

We help whistleblowers on a contingency basis, meaning there is no fee charged for our work unless there is a recovery. We also front any and all expenses. No matter where you are located — we will represent you. We will come to you, you will not have to come to us.

Attorneys in our firm and attorneys that we work with on Whistleblower, Qui Tam, False Claims Act cases have represented a host of persons making claims, for violations of federal tax law, Medicare law and more.

For more information, please contact our team of whitsleblower and qui tam attorneys today.

CALL 1-800-632-1404

or fill out this form below for a free initial consultation.

CALL US TOLL FREE FOR HELP: 1-800-632-1404

We are attorneys that investigate False Claims Act cases nationwide, including in the states of Tennessee, Arkansas, Mississippi, Kentucky and elsewhere for Medicare fraud, tax fraud, contractor fraud and more against a range of employers including healthcare providers, medical device companies, defense contractors, and pharmaceutical companies. We stand ready to provide a free case evaluation to you; please call us today.

False Claims Act Lawyer Discusses December 2012 cases

I wanted to advise you about several cases involving the False Claims Act that were decided in the month of December 2012.

The first case was in the District Court of Minnesota and involved North Memorial Healthcare.  A Relator filed a qui tam suit against Affiliated Healthcare Company alleging violations of the False Claims Act in connection with alleged Medicare billing fraud.  The Relator alleged that the defendant submitted claims for Medicare reimbursement that falsely stated that the defendants provided the requisite physician supervision of their rehabilitation programs.  The Relator also alleged that the defendant systemically falsely certified that their physicians had seen patients when in fact the physicians had not seen patients.  The Relator had been employed by the defendants as an administrator during the time of the alleged fraud and asserted that his allegations were based on his own observations.  After the government declined to intervene in the Relator’s lawsuit, the defendants moved to dismiss based upon a failure to state a claim and for failure to plead the alleged fraud with particularity.  The court agreed with the defendant’s position noting that the regulations relied on by the defendants were implemented after the fraud was alleged to have begun and did not reference the types of rehabilitation programs operated by the defendants.  As well, the court noted that the applicable regulations presumed that the direct supervision requirement was satisfied when the rehabilitation services were provided in a hospital setting since “staff physicians would always be nearby within the hospital.”  As such, there was a presumption of compliance with the applicable regulations.

The important thing to take out of this case is that it is important to have as much knowledge as you can about a particular fraud before making a whistle blower claim.  You should be able to know specific instances of frauds including dates, persons that participated in the fraud, and the like.  This type of detail is needed in order to both assist the United States Attorney’s office with making a claim for fraud and also proving fraud under a heightened standard for pleading fraud in federal courts.

Another case was from the Northern District of Ohio and involved Kaba Ilco Corporation.  A Relator filed a suit under the False Claims Act alleging that a lock and key company committed fraud by marketing and selling locks to various governments even though the defendant knew that the locks included a design flaw that allowed them to be easily opened by anyone with a small magnet.  After the government declined to intervene, the Northern District of Ohio dismissed the case for two reasons.

First, the Relator failed to respond to the defendant’s public disclosure argument and therefore dismissal was warranted.  The public disclosure doctrine states that unless someone is an original source, if the allegations involving the fraud are published in the public domain there is a jurisdictional bar to proceeding ahead.  Take note, however, that if you are an “original source” to the information, you may still proceed ahead in many instances even if the topics are in the public domain.

Second, the court found that there was no fraud pled with particularity.  Based upon these instances, dismissal was appropriate.

Another case was A-1 Procurement LLC v. Hendricks Corporation from the Southern District of Florida.  A corporate relator alleged that with respect to some 185 government contracts, a group of other corporations falsely certified to the federal government that they were at least 51% owned by a veteran resulting in liability under the False Claims Act.  This is a type of False Claims that can be allowed if you know a company is falsely making a representation that it is a minority business, or the like.  Nevertheless, the defendant’s motion to dismiss following the government’s declination to intervene was granted in part and denied in part.  The court found that because the relator did allege an objective falsity, namely that the defendant’s representations that they were at least 51% owned by a veteran, there were sufficient facts pled in order to not allow the entire motion to dismiss to be granted.  The relator’s claims against newly joined defendants, however, were dismissed.  The case remains pending.

A final case to discuss is U.S. Ex Rel Miller v. Westin Education, Inc. from the Western District of Missouri.  There, two relators brought a qui tam action against an educational institution alleging that the defendant made fraudulent representations to the government regarding its compliance with various statutes and regulations in order to receive financial aid funds.  In addition, the relators each claimed against the defendant under the False Claims Act’s anti-retaliation provision.  The defendant’s motion to dismiss was denied.

First, the court examined the relator’s claim that the defendant falsely certified to the government it was eligible to received federal financial aid funds.  The court agreed that the relator’s allegation that the defendant entered into its agreement with the government to participate in the financial aid program when it knew it had no intention of complying with the terms of the agreement stated a claim under the False Claims Act.

The court also agreed with the relator’s third argument that the defendant’s alleged false statements contained in the participation agreement were material to the government since the defendant would not have been eligible to receive any federal government funds unless it entered into the participation agreement.  The court agreed finding that execution of the Participation agreement was not merely a condition of participation in the government program but also a condition of payment stating that “Execution of the [agreement] would be a meaningless gesture if compliance with its terms was never material to the government’s payment decision.”  The court held that “it is reasonable to infer that the government paid [the defendant] based on the assumption that [the defendant] was fulfilling, or at least not intentionally violating, the promises made in [the agreement].”

The court also found that the relators pled their claims of fraud with particularity as required by Rule 9(b) of the Federal Rules of Civil Procedure.  The court noted that the complaint provided a detailed account of how the fraudulent scheme was alleged to have been executed, including specific allegations about the defendant’s manipulation and falsification of records and discussions of this and other improper practices by high ranking administrators.

If you would like a free, confidential case evaluation, contact us now.

THE SCOPE OF FRAUD

Amazingly, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud.

The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/Defense contract fraud; Pharmaceutical Manufacturing;contract fraud involving any number of large government spending programs; or other types public benefit fraud.

HELPING THE PUBLIC.

As a whistleblower attorney, we are interested in speaking with persons willing to make known the truth about company practices and are willing to file a qui tam or whistleblower action. One area in particular we are interested in discussing are lawsuits involving medical device companies where the company is alleged to have overcharged, engaged in kickback programs, and the like. We will nevertheless investigate claims in a variety of areas.

Workers and persons all across the country witness actions at their work that may be unlawful or even corrupt. Unfortunately, some employees and workers feel that they will be fired, terminated, harrassed or punished if they report an unlawful or corrupt action. These reporters, however, are protected by the law as a Whistleblower and can receive compensation because of the False Claims Act or the Medicaid False Claims Act. If you have reported actions that may be fraudulent, then you should talk to a Whistleblower or qui tam lawyer about your facts.

Whistleblowers help the government to get back billions of dollars each year with the help of the False Claims Act. In fact, fraudulent Medicaid claims are also caught by whistleblowers having the Medicaid False Claims Act on their side. If you report a false claim or fraudulent action to the government, then the government will give you, the whistleblower, a part of the money that gets recovered. This is because of qui tam requirements. Qui Tam means that a person files a lawsuit for the king and also for him or herself. The phrase is qui tam pro domino rege quam pro se ipso in hac parte sequitur, or, “he who sues for the king as well for himself.”

These requirements and lawsuits were made popular during the Civil War when many people were getting away with fraudulent actions against the government. In 1986, the False Claims Act was amended to raise the total compensation given to people who reported fraudulent actions, or whistleblowers. If a whistleblower works with a lawyer then it may be possible for them to get three times the amount the government would get in damages and also get additional compensation for general fines.

TYPES OF CASES

The most common situations that could form the basis of a Qui Tam action include:

• Submitting a false or fraudulent record, bill or statement to the government in order to fraudulently obtain money such as reporting a medical service that was never performed for Medicare or Medicad;
• Conspiring with a third party to submit or present have a false or fraudulent claim to the government;
• Withholding property of the government with the intent to defraud or conceal the property from the government;
• Fraudulently buying property of the government from someone not authorized to sell that property; and
• Making a false statement to fraudulently avoid paying money to the government or to avoid delivering property to the government.

FOR HELP, PLEASE CONTACT US.

We help whistleblowers on a contingency basis, meaning there is no fee charged for our work unless there is a recovery. We also front any and all expenses. No matter where you are located — we will represent you. We will come to you, you will not have to come to us.

Attorneys in our firm and attorneys that we work with on Whistleblower, Qui Tam, False Claims Act cases have represented a host of persons making claims, for violations of federal tax law, Medicare law and more.

For more information, please contact our team of whitsleblower and qui tam attorneys today.

CALL 1-800-632-1404

or fill out this form below for a free initial consultation.

CALL US TOLL FREE FOR HELP: 1-800-632-1404

We are attorneys that investigate False Claims Act cases nationwide, including in the state of New Jersey for Medicare fraud, tax fraud, contractor fraud and more against a range of employers including healthcare providers, medical device companies, defense contractors, and pharmaceutical companies. We stand ready to provide a free case evaluation to you; please call us today.

False Claims Act Lawyer Discusses Victory Pharamcy

I wanted to advise you about a recent result inBostonof a case involving violations of the False Claims Act.  Victory Pharma, a specialty pharmaceutical company headquartered inSan   Diego,California, agreed Thursday to pay $11.4 million dollars to resolve federal civil and criminal liability arising from its marketing of the pharmaceutical products Naprelan, Xodol, Fexmid, and Dolgic.  Under the agreement, a deferred prosecution agreement will result in a $1.4 million dollar payment to resolve federal anti kickback statute accusations and almost $10 million dollars to resolve false claims act allegations.

Victory is accused of engaging in a scheme to promote its drugs by paying kickbacks to doctors to induce them to write prescriptions for Victory’s products, including prescriptions for patients covered by Medicare and other federal health insurance programs.  These kickbacks included tickets to professional and collegiate sporting events, concerts, plays, as well as vacations such as spa outings, golf and ski outings, dinners at expensive restaurants and numerous other out of office events.  One kickback in particular included giving a doctor money to help make a house payment, paying for a doctor’s staff outing to a strip club, including lap dances for the female staff, and offered a doctor and his staff an all expense paid trip toLas Vegas.

If you have any information concerning healthcare company including a pharmaceutical or medical device company that is improperly offering kickbacks to physicians, clinics, or otherwise, please contact us immediately for a free and confidential case evaluation

THE SCOPE OF FRAUD

Amazingly, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud.

The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/Defense contract fraud; Pharmaceutical Manufacturing;contract fraud involving any number of large government spending programs; or other types public benefit fraud.

HELPING THE PUBLIC.

As a whistleblower attorney, we are interested in speaking with persons willing to make known the truth about company practices and are willing to file a qui tam or whistleblower action. One area in particular we are interested in discussing are lawsuits involving medical device companies where the company is alleged to have overcharged, engaged in kickback programs, and the like. We will nevertheless investigate claims in a variety of areas.

Workers and persons all across the country witness actions at their work that may be unlawful or even corrupt. Unfortunately, some employees and workers feel that they will be fired, terminated, harrassed or punished if they report an unlawful or corrupt action. These reporters, however, are protected by the law as a Whistleblower and can receive compensation because of the False Claims Act or the Medicaid False Claims Act. If you have reported actions that may be fraudulent, then you should talk to a Whistleblower or qui tam lawyer about your facts.

Whistleblowers help the government to get back billions of dollars each year with the help of the False Claims Act. In fact, fraudulent Medicaid claims are also caught by whistleblowers having the Medicaid False Claims Act on their side. If you report a false claim or fraudulent action to the government, then the government will give you, the whistleblower, a part of the money that gets recovered. This is because of qui tam requirements. Qui Tam means that a person files a lawsuit for the king and also for him or herself. The phrase is qui tam pro domino rege quam pro se ipso in hac parte sequitur, or, “he who sues for the king as well for himself.”

These requirements and lawsuits were made popular during the Civil War when many people were getting away with fraudulent actions against the government. In 1986, the False Claims Act was amended to raise the total compensation given to people who reported fraudulent actions, or whistleblowers. If a whistleblower works with a lawyer then it may be possible for them to get three times the amount the government would get in damages and also get additional compensation for general fines.

TYPES OF CASES

The most common situations that could form the basis of a Qui Tam action include:

• Submitting a false or fraudulent record, bill or statement to the government in order to fraudulently obtain money such as reporting a medical service that was never performed for Medicare or Medicad;
• Conspiring with a third party to submit or present have a false or fraudulent claim to the government;
• Withholding property of the government with the intent to defraud or conceal the property from the government;
• Fraudulently buying property of the government from someone not authorized to sell that property; and
• Making a false statement to fraudulently avoid paying money to the government or to avoid delivering property to the government.

FOR HELP, PLEASE CONTACT US.

We help whistleblowers on a contingency basis, meaning there is no fee charged for our work unless there is a recovery. We also front any and all expenses. No matter where you are located — we will represent you. We will come to you, you will not have to come to us.

Attorneys in our firm and attorneys that we work with on Whistleblower, Qui Tam, False Claims Act cases have represented a host of persons making claims, for violations of federal tax law, Medicare law and more.

For more information, please contact our team of whitsleblower and qui tam attorneys today.

CALL 1-800-632-1404

or fill out this form below for a free initial consultation.

CALL US TOLL FREE FOR HELP: 1-800-632-1404

We are attorneys that investigate False Claims Act cases nationwide, including in the state of New Jersey for Medicare fraud, tax fraud, contractor fraud and more against a range of employers including healthcare providers, medical device companies, defense contractors, and pharmaceutical companies. We stand ready to provide a free case evaluation to you; please call us today.

False Claims Act Lawyer Discusses HCA Decision

I wanted to advise each of you about a recent order from the State ofMissouriconcerning HCA.  A Missouri state judge has ordered HCA, the healthcare giant, to pay a Kansas City charitable foundation $162,000,000.00 and undergo extensive auditing after finding the for profit hospital broke key agreements regarding charity care and capital expenditures in its billion dollar purchase of hospitals from Health Midwest in 2002.  The judge ruled that HCA could not back up claims that it had provided at least as much charity care to the community as Health Midwest not-for profit hospitals had provided before the sale which HCA pegged at $65,000,000.00 per year.  Judge John Torrance of the Circuit Court of Jackson County, Missouri ordered the company to undergo court-ordered accounting to determine how much it had spent on charity care.

In 2002, the acquisition of Health Midwest Hospitals was the largest transfer of not-for-profit healthcare assets to an investor owned company inU.S.history.  The deal was valued between $1.25 billion and $1.5 billion, though the exact value is still unclear because those figures included capital expenses and charity care commitments, which will now be the subject of court monitored auditing.

If you have any questions concerning whether or not you have a claim under the False Claims Act but fear there has been a public disclosure please contact us as soon as possible for a free and confidential case evaluation.

THE SCOPE OF FRAUD

Amazingly, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud.

The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/Defense contract fraud; Pharmaceutical Manufacturing;contract fraud involving any number of large government spending programs; or other types public benefit fraud.

HELPING THE PUBLIC.

As a whistleblower attorney, we are interested in speaking with persons willing to make known the truth about company practices and are willing to file a qui tam or whistleblower action. One area in particular we are interested in discussing are lawsuits involving medical device companies where the company is alleged to have overcharged, engaged in kickback programs, and the like. We will nevertheless investigate claims in a variety of areas.

Workers and persons all across the country witness actions at their work that may be unlawful or even corrupt. Unfortunately, some employees and workers feel that they will be fired, terminated, harrassed or punished if they report an unlawful or corrupt action. These reporters, however, are protected by the law as a Whistleblower and can receive compensation because of the False Claims Act or the Medicaid False Claims Act. If you have reported actions that may be fraudulent, then you should talk to a Whistleblower or qui tam lawyer about your facts.

Whistleblowers help the government to get back billions of dollars each year with the help of the False Claims Act. In fact, fraudulent Medicaid claims are also caught by whistleblowers having the Medicaid False Claims Act on their side. If you report a false claim or fraudulent action to the government, then the government will give you, the whistleblower, a part of the money that gets recovered. This is because of qui tam requirements. Qui Tam means that a person files a lawsuit for the king and also for him or herself. The phrase is qui tam pro domino rege quam pro se ipso in hac parte sequitur, or, “he who sues for the king as well for himself.”

These requirements and lawsuits were made popular during the Civil War when many people were getting away with fraudulent actions against the government. In 1986, the False Claims Act was amended to raise the total compensation given to people who reported fraudulent actions, or whistleblowers. If a whistleblower works with a lawyer then it may be possible for them to get three times the amount the government would get in damages and also get additional compensation for general fines.

TYPES OF CASES

The most common situations that could form the basis of a Qui Tam action include:

• Submitting a false or fraudulent record, bill or statement to the government in order to fraudulently obtain money such as reporting a medical service that was never performed for Medicare or Medicad;
• Conspiring with a third party to submit or present have a false or fraudulent claim to the government;
• Withholding property of the government with the intent to defraud or conceal the property from the government;
• Fraudulently buying property of the government from someone not authorized to sell that property; and
• Making a false statement to fraudulently avoid paying money to the government or to avoid delivering property to the government.

FOR HELP, PLEASE CONTACT US.

We help whistleblowers on a contingency basis, meaning there is no fee charged for our work unless there is a recovery. We also front any and all expenses. No matter where you are located — we will represent you. We will come to you, you will not have to come to us.

Attorneys in our firm and attorneys that we work with on Whistleblower, Qui Tam, False Claims Act cases have represented a host of persons making claims, for violations of federal tax law, Medicare law and more.

For more information, please contact our team of whitsleblower and qui tam attorneys today.

CALL 1-800-632-1404

or fill out this form below for a free initial consultation.

CALL US TOLL FREE FOR HELP: 1-800-632-1404

We are attorneys that investigate False Claims Act cases nationwide, including in the state of New Jersey for Medicare fraud, tax fraud, contractor fraud and more against a range of employers including healthcare providers, medical device companies, defense contractors, and pharmaceutical companies. We stand ready to provide a free case evaluation to you; please call us today.

False Claims Act Lawyer Discusses OrthoFix

As False Claims lawyers we wanted to bring to your attention that medical device companies are unnecessarily offering products to consumers.  One such company was OrthoFix.

I wanted to advise each of you about another Orthofix defendant sentenced for committing Medicare fraud.  Reports out ofBostonconfirm that a former Orthofix territory manager was sentenced for defrauding Medicare by forging patient medical records.  Michael J. McKay, age 32, was sentenced by U.S. District Court Judge Denise Casper to one year of probation and fines of almost $13,000.00.  He pled guilty to healthcare fraud in May 2012.

The allegations against Mr. McKay are that he was a territory manager for Orthofix, a company that manufactured and distributed bone growth stimulator medical devices that were intended to assist patients with bone fractures that did not heal properly.  Medicare and many private insurance companies have specific guidelines describing when it will pay for bone growth stimulators.  If Mr. McKay received an order for a patient that did not satisfy one of these guidelines, he simply falsified the patient’s records to make it appear as though the order met Medicare and/or Medicaid rules.  It is believed that Mr. McKay’s fraudulent submissions accounted for almost $70,000.00 in improper charges.

It is also important to remember that in December 2012 Orthofix was convicted of obstruction of a federal audit in order to pay $42,000,000.00 in criminal fines and civil payments and was sentenced to probation for five years.  Tom Guerrieri, the former vice president for sales for Orthofix, was likewise sentenced to eight months in prison and ordered to pay $50,000.00 for fines and forfeiture for paying kickbacks.  Additional persons within Orthofix have likewise been fined and sent to jail.

If you have any additional information concerning alleged fraud of a business, including a business supplying kickbacks in order to obtain Medicare or Medicaid patients or you were aware of a healthcare provider that is improperly charging for unnecessary treatment, please contact us as soon as possible.

If you have any questions concerning whether or not you have a claim under the False Claims Act but fear there has been a public disclosure please contact us as soon as possible for a free and confidential case evaluation.

THE SCOPE OF FRAUD

Amazingly, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud.

The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/Defense contract fraud; Pharmaceutical Manufacturing;contract fraud involving any number of large government spending programs; or other types public benefit fraud.

HELPING THE PUBLIC.

As a whistleblower attorney, we are interested in speaking with persons willing to make known the truth about company practices and are willing to file a qui tam or whistleblower action. One area in particular we are interested in discussing are lawsuits involving medical device companies where the company is alleged to have overcharged, engaged in kickback programs, and the like. We will nevertheless investigate claims in a variety of areas.

Workers and persons all across the country witness actions at their work that may be unlawful or even corrupt. Unfortunately, some employees and workers feel that they will be fired, terminated, harrassed or punished if they report an unlawful or corrupt action. These reporters, however, are protected by the law as a Whistleblower and can receive compensation because of the False Claims Act or the Medicaid False Claims Act. If you have reported actions that may be fraudulent, then you should talk to a Whistleblower or qui tam lawyer about your facts.

Whistleblowers help the government to get back billions of dollars each year with the help of the False Claims Act. In fact, fraudulent Medicaid claims are also caught by whistleblowers having the Medicaid False Claims Act on their side. If you report a false claim or fraudulent action to the government, then the government will give you, the whistleblower, a part of the money that gets recovered. This is because of qui tam requirements. Qui Tam means that a person files a lawsuit for the king and also for him or herself. The phrase is qui tam pro domino rege quam pro se ipso in hac parte sequitur, or, “he who sues for the king as well for himself.”

These requirements and lawsuits were made popular during the Civil War when many people were getting away with fraudulent actions against the government. In 1986, the False Claims Act was amended to raise the total compensation given to people who reported fraudulent actions, or whistleblowers. If a whistleblower works with a lawyer then it may be possible for them to get three times the amount the government would get in damages and also get additional compensation for general fines.

TYPES OF CASES

The most common situations that could form the basis of a Qui Tam action include:

• Submitting a false or fraudulent record, bill or statement to the government in order to fraudulently obtain money such as reporting a medical service that was never performed for Medicare or Medicad;
• Conspiring with a third party to submit or present have a false or fraudulent claim to the government;
• Withholding property of the government with the intent to defraud or conceal the property from the government;
• Fraudulently buying property of the government from someone not authorized to sell that property; and
• Making a false statement to fraudulently avoid paying money to the government or to avoid delivering property to the government.

FOR HELP, PLEASE CONTACT US.

We help whistleblowers on a contingency basis, meaning there is no fee charged for our work unless there is a recovery. We also front any and all expenses. No matter where you are located — we will represent you. We will come to you, you will not have to come to us.

Attorneys in our firm and attorneys that we work with on Whistleblower, Qui Tam, False Claims Act cases have represented a host of persons making claims, for violations of federal tax law, Medicare law and more.

For more information, please contact our team of whitsleblower and qui tam attorneys today.

CALL 1-800-632-1404

or fill out this form below for a free initial consultation.

CALL US TOLL FREE FOR HELP: 1-800-632-1404

We are attorneys that investigate False Claims Act cases nationwide, including in the state of New Jersey for Medicare fraud, tax fraud, contractor fraud and more against a range of employers including healthcare providers, medical device companies, defense contractors, and pharmaceutical companies. We stand ready to provide a free case evaluation to you; please call us today.

False Claims Act’s Public Disclosure Bar

As False Claims lawyers we wanted to discuss briefly the Public Disclosure Bar.

I wanted to take a moment to discuss the public disclosure bar of the False Claims Act. The public disclosure bar provides that “no court shall have jurisdiction over an action under this section based upon the public disclosure of allegations or transactions in a criminal, civil or administrative hearing, in a congressional, administrative or government accounting office report, hearing, audit, or investigation, or from the news media, unless the. . . person bringing the action is an original source.”  31 U.S.C. § 3730(e)(4)(A).

For the bar to prevent a court from exercising jurisdiction, there must have been (1) a public disclosure, (2) allegations or transactions, (3) and one of the three for articulated in the statute, (4) the relator’s action must be based upon that public disclosure.  United States Ex Rel Lindenthal v. General Dynamics Corp., 61 F.3d 1402, 1409 (9th Cir. 1995).

One of the areas that comes up is when a particular disclosure is available through the Freedom of Information Act (FOIA).  “In the foyer context information cannot be deemed disclosed until a member of the public requests the information and receives it from the government.  Only then is the information actually, rather than theoretically or potentially, available to the public.”  United States Ex Rel Schumer v. Hughes Aircraft Co., 63 F.3d 1512, 1520 (9th Cir. 1995).  It therefore stands reason that if no member of the public requests a particular document available by foyer, there can be no public disclosure.

The Schumer court that I recently cited distinguished public disclosures from “the release of information within a private sphere” stating that under a “practical, common sense interpretation. . . information that was disclosed in private has not been publically disclosed.”  63 F.3d at 1518; See also Myer, 565 F.3d at 1200 (recognizing information disclosed in private is not a public disclosure under the False Claims Act).

In the case Seal One v. Seal A, 255 F.3d 1154, 1161-62 (9th Cir. 2001), the Ninth Circuit Court of Appeals employed the Schumer court’s reasoning to hold that information was publically disclosed because the government disclosed it to an “outsider to the [investigation] with a ‘significant incentive’ and no discentive to use the allegations” to his own advantage.  Thus, we can take from case law that there is no public disclosure when private individuals might discuss alleged wrongdoing.  It is likewise not a public disclosure if there is information available through a foyer request but no information has actually been received.

It finally must be reiterated that if there is a document that is a public disclosure within the meaning of the False Claims Act, the public disclosure must contain enough information to enable the government to pursue an investigation against the defendant.  See United States v. Alcan Electric and Engineering, Inc., 197 F.3d 1014, 1019 (9th Cir. 1999).

If you have any questions concerning whether or not you have a claim under the False Claims Act but fear there has been a public disclosure please contact us as soon as possible for a free and confidential case evaluation.

THE SCOPE OF FRAUD

Amazingly, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud.

The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/Defense contract fraud; Pharmaceutical Manufacturing;contract fraud involving any number of large government spending programs; or other types public benefit fraud.

HELPING THE PUBLIC.

As a whistleblower attorney, we are interested in speaking with persons willing to make known the truth about company practices and are willing to file a qui tam or whistleblower action. One area in particular we are interested in discussing are lawsuits involving medical device companies where the company is alleged to have overcharged, engaged in kickback programs, and the like. We will nevertheless investigate claims in a variety of areas.

Workers and persons all across the country witness actions at their work that may be unlawful or even corrupt. Unfortunately, some employees and workers feel that they will be fired, terminated, harrassed or punished if they report an unlawful or corrupt action. These reporters, however, are protected by the law as a Whistleblower and can receive compensation because of the False Claims Act or the Medicaid False Claims Act. If you have reported actions that may be fraudulent, then you should talk to a Whistleblower or qui tam lawyer about your facts.

Whistleblowers help the government to get back billions of dollars each year with the help of the False Claims Act. In fact, fraudulent Medicaid claims are also caught by whistleblowers having the Medicaid False Claims Act on their side. If you report a false claim or fraudulent action to the government, then the government will give you, the whistleblower, a part of the money that gets recovered. This is because of qui tam requirements. Qui Tam means that a person files a lawsuit for the king and also for him or herself. The phrase is qui tam pro domino rege quam pro se ipso in hac parte sequitur, or, “he who sues for the king as well for himself.”

These requirements and lawsuits were made popular during the Civil War when many people were getting away with fraudulent actions against the government. In 1986, the False Claims Act was amended to raise the total compensation given to people who reported fraudulent actions, or whistleblowers. If a whistleblower works with a lawyer then it may be possible for them to get three times the amount the government would get in damages and also get additional compensation for general fines.

TYPES OF CASES

The most common situations that could form the basis of a Qui Tam action include:

• Submitting a false or fraudulent record, bill or statement to the government in order to fraudulently obtain money such as reporting a medical service that was never performed for Medicare or Medicad;
• Conspiring with a third party to submit or present have a false or fraudulent claim to the government;
• Withholding property of the government with the intent to defraud or conceal the property from the government;
• Fraudulently buying property of the government from someone not authorized to sell that property; and
• Making a false statement to fraudulently avoid paying money to the government or to avoid delivering property to the government.

FOR HELP, PLEASE CONTACT US.

We help whistleblowers on a contingency basis, meaning there is no fee charged for our work unless there is a recovery. We also front any and all expenses. No matter where you are located — we will represent you. We will come to you, you will not have to come to us.

Attorneys in our firm and attorneys that we work with on Whistleblower, Qui Tam, False Claims Act cases have represented a host of persons making claims, for violations of federal tax law, Medicare law and more.

For more information, please contact our team of whitsleblower and qui tam attorneys today.

CALL 1-800-632-1404

or fill out this form below for a free initial consultation.

CALL US TOLL FREE FOR HELP: 1-800-632-1404

We are attorneys that investigate False Claims Act cases nationwide, including in the state of New Jersey for Medicare fraud, tax fraud, contractor fraud and more against a range of employers including healthcare providers, medical device companies, defense contractors, and pharmaceutical companies. We stand ready to provide a free case evaluation to you; please call us today.

False Claims Act Attorney Discusses Florida Criminal Fraud Case

As False Claims lawyers we wanted to bring your attention to a Qui Tam whistle blower criminal suit.  The facts of that case are as follows:

The issue that I wanted to bring to your attention is that four were recently sentenced to prison in a Florida community mental health center case.  The case involved a Miami area assisted living facility and an affiliated psychologist who were sentenced to prison in connection with a healthcare fraud scheme involving the now defunct Miami area health provider Healthcare Solutions Network, Inc. in which Medicare was billed for mental health treatments that were unnecessary or not provided.  If you have any relevant knowledge concerning mental health treatments that were unnecessary or not provided, please contact us.

U.S. District Judge Cecilia Altonaga sentenced Serena Jocelyn, age 32, of Luneville, West Virginia to 63 months in prison.  Other individuals were also sentenced to 28 months in prison.  According to court documents, Healthcare Solutions Network, Inc. operated community mental health centers both in Miami and in North Carolina including partial hospitalization programs, a form of intensive treatment for severe mental illness.  The company obtained Medicare beneficiaries to attend the clinic for purported partial hospitalization program treatment that was unnecessary and in many instances not even provided.

In the Miami area, the company obtained beneficiaries by paying kickbacks to owners and operators of assisted living facilities or otherwise recruiting them from facilities and from nursing homes.  According to court documents, assisting living facility residents referred to the facility were not qualified to be placed in partial hospitalization programs.  Moreover, some of these residents were only selected because they had Medicare or State of Florida Medicaid benefits.  In other cases, the assisted living facility patients suffered from dementia, Alzheimer’s disease, or mental retardation and were otherwise unable to benefit from mental health services.

If you know of a mental health care facility that is receiving funds for those persons that were diagnosed with dementia, Alzheimer’s disease or mental retardation, there may be a false claim.

Additional allegations are that an employee named Jocelyn, a licensed psychologist, was hired by the company in North Carolina in April of 2010 as a clinic coordinator and later promoted to clinical director.  She allegedly conspired with other employees to fabricate medical documents to substantiate alleged PHP treatment that was medically unnecessary and in many instances not even provided to the beneficiaries.  She admitted that patients were unqualified for the program because they suffered from conditions such as retardation and dementia and that she directed therapists to fabricate medical records to support the fraudulent billing.  According to court documents, from 2004 to 2011, HCS billed Medicare and the Florida Medicaid program approximately $63,000.00 for purported mental health services.

Again, if you have any information concerning fraudulent medical care provided to recipients of Medicare or Tenncare or any other Medicaid based program, please contact us as soon as possible for a confidential evaluation.

 

If you are an employee of a city or state and know of similar conduct, we invite you to contact us for a confidential brief case evaluation.  We stand ready to discuss the specific facts of your case with you concerning a false claims act case.

THE SCOPE OF FRAUD

Amazingly, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud.

The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/Defense contract fraud; Pharmaceutical Manufacturing;contract fraud involving any number of large government spending programs; or other types public benefit fraud.

HELPING THE PUBLIC.

As a whistleblower attorney, we are interested in speaking with persons willing to make known the truth about company practices and are willing to file a qui tam or whistleblower action. One area in particular we are interested in discussing are lawsuits involving medical device companies where the company is alleged to have overcharged, engaged in kickback programs, and the like. We will nevertheless investigate claims in a variety of areas.

Workers and persons all across the country witness actions at their work that may be unlawful or even corrupt. Unfortunately, some employees and workers feel that they will be fired, terminated, harrassed or punished if they report an unlawful or corrupt action. These reporters, however, are protected by the law as a Whistleblower and can receive compensation because of the False Claims Act or the Medicaid False Claims Act. If you have reported actions that may be fraudulent, then you should talk to a Whistleblower or qui tam lawyer about your facts.

Whistleblowers help the government to get back billions of dollars each year with the help of the False Claims Act. In fact, fraudulent Medicaid claims are also caught by whistleblowers having the Medicaid False Claims Act on their side. If you report a false claim or fraudulent action to the government, then the government will give you, the whistleblower, a part of the money that gets recovered. This is because of qui tam requirements. Qui Tam means that a person files a lawsuit for the king and also for him or herself. The phrase is qui tam pro domino rege quam pro se ipso in hac parte sequitur, or, “he who sues for the king as well for himself.”

These requirements and lawsuits were made popular during the Civil War when many people were getting away with fraudulent actions against the government. In 1986, the False Claims Act was amended to raise the total compensation given to people who reported fraudulent actions, or whistleblowers. If a whistleblower works with a lawyer then it may be possible for them to get three times the amount the government would get in damages and also get additional compensation for general fines.

TYPES OF CASES

The most common situations that could form the basis of a Qui Tam action include:

• Submitting a false or fraudulent record, bill or statement to the government in order to fraudulently obtain money such as reporting a medical service that was never performed for Medicare or Medicad;
• Conspiring with a third party to submit or present have a false or fraudulent claim to the government;
• Withholding property of the government with the intent to defraud or conceal the property from the government;
• Fraudulently buying property of the government from someone not authorized to sell that property; and
• Making a false statement to fraudulently avoid paying money to the government or to avoid delivering property to the government.

FOR HELP, PLEASE CONTACT US.

We help whistleblowers on a contingency basis, meaning there is no fee charged for our work unless there is a recovery. We also front any and all expenses. No matter where you are located — we will represent you. We will come to you, you will not have to come to us.

Attorneys in our firm and attorneys that we work with on Whistleblower, Qui Tam, False Claims Act cases have represented a host of persons making claims, for violations of federal tax law, Medicare law and more.

For more information, please contact our team of whitsleblower and qui tam attorneys today.

CALL 1-800-632-1404

or fill out this form below for a free initial consultation.

CALL US TOLL FREE FOR HELP: 1-800-632-1404

We are attorneys that investigate False Claims Act cases nationwide, including in the state of New Jersey for Medicare fraud, tax fraud, contractor fraud and more against a range of employers including healthcare providers, medical device companies, defense contractors, and pharmaceutical companies. We stand ready to provide a free case evaluation to you; please call us today.

FALSE CLAIMS ACT CASES IN THE NEWS

The Sixth Circuit Court of Appeals recently reversed an $82,000,000 judgment under the False Claims Act limiting a governmental theory of False Claims Act liability.  In United States Ex Rel Williams v Renal Care Group, Inc., No. 11-5779, 2012 WL 4748104 (6^th Cir. October 5, 2002), the Sixth Circuit rejected the Government’s assertion that taking advantage of loop holes in federal programs for the purpose of maximizing profits necessarily begets a false claim.

In the late 1990’s, Renal Care Group, Inc. formed a wholly owned subsidiary to provide equipment and supplies to patients.  Renal Care Group provided dialysis services and equipment to patients with in-stage renal disease.  RCG formed the subsidiary expressly to obtain certain Medicare reimbursements that were only available to companies that provided equipment and supplies, not services.  In other words, patients that RCG, as a service provider, was not itself entitled to collect but could collect through the wholly owned subsidiary that it formed. The facts show that RCG played a dominant role in its subsidiary’s corporate structure, and the profits and expenses of the two entities were comingled.

The Sixth Circuit Court of Appeals looked at two crucial elements of False Claims Act liability, falsity and knowledge.  The Sixth Circuit rejected the government’s argument that the subsidiary was merely an alter ego of RCG.  The Court disagreed with the Government’s position that the subsidiary should be disregarded, and the Court noted that the parent/subsidiary structure, even if designed solely to increase corporate profits, did not contravene the legislative purpose of the statute.  The Court noted in its opinion that “why a business ought to be punished solely for seeking to maximize profits escapes us.”

As to the issue of knowledge, the Court noted that to be liable under the False Claims Act, the defendants must have either actual or constructive knowledge that their actions violated Medicare regulations.  As there was no actual knowledge in this case, the Court examined whether or not the defendant acted with reckless disregard.  The Court did not find any reckless disregard according to the following seven factors:

1.         The defendants sought outside legal counsel concerning the legality of the subsidiary structure.

2.         Outside legal counsel sought clarification of the regulations from the federal agency that administers Medicare.

3.         Outside legal counsel memorialized the conversation with the official of that agency in which the official had affirmed the company structure.

4.         The defendants were aware of other dialysis providers in the industry who had created subsidiaries for the same purpose.

5.         Industry publications had encouraged the use of these Medicare reimbursements to increase profits.

6.         The subsidiary was incorporated separately from RCG, and had its own Medicare supplier number.

7.         The subsidiary was forthright about its ownership structure, repeatedly disclosing to the Government that it was owned by RCG.

In our opinion, the Williams case provides a good example of when the Courts will limit the reach of the False Claims Act in the area of regulatory compliance.  The Sixth Circuit Court of Appeals in its opinion set forth that the False Claims Act was not the proper means of enforcing complex and ambiguous regulations where, as the facts showed in this case, RCG attempted via numerous ways to show that it was trying to comply with the provisions and spirit of the Medicare regulations.  The above seven facts are specific examples of the medical company’s efforts to comply with Medicare regulations.

In many other instances, there are companies that do not act in good faith in terms of Medicare regulations.  Companies on a daily basis take advantage of Medicare regulations, and our firm stands ready to discuss the specific situation with you on a confidential basis.

Does this sound familiar? We would be honored to help you. You may have some additional questions about False Claims Act claims. If you would like more information on False Claims Act cases, please continue reading as we will accept nationwide case evaluations to try and help you pursue justice.

THE SCOPE OF FRAUD

Amazingly, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud.

The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/Defense contract fraud; Pharmaceutical Manufacturing;contract fraud involving any number of large government spending programs; or other types public benefit fraud.

HELPING THE PUBLIC.

As a whistleblower attorney, we are interested in speaking with persons willing to make known the truth about company practices and are willing to file a qui tam or whistleblower action. One area in particular we are interested in discussing are lawsuits involving medical device companies where the company is alleged to have overcharged, engaged in kickback programs, and the like. We will nevertheless investigate claims in a variety of areas.

Workers and persons all across the country witness actions at their work that may be unlawful or even corrupt. Unfortunately, some employees and workers feel that they will be fired, terminated, harrassed or punished if they report an unlawful or corrupt action. These reporters, however, are protected by the law as a Whistleblower and can receive compensation because of the False Claims Act or the Medicaid False Claims Act. If you have reported actions that may be fraudulent, then you should talk to a Whistleblower or qui tam lawyer about your facts.

Whistleblowers help the government to get back billions of dollars each year with the help of the False Claims Act. In fact, fraudulent Medicaid claims are also caught by whistleblowers having the Medicaid False Claims Act on their side. If you report a false claim or fraudulent action to the government, then the government will give you, the whistleblower, a part of the money that gets recovered. This is because of qui tam requirements. Qui Tam means that a person files a lawsuit for the king and also for him or herself. The phrase is qui tam pro domino rege quam pro se ipso in hac parte sequitur, or, “he who sues for the king as well for himself.”

These requirements and lawsuits were made popular during the Civil War when many people were getting away with fraudulent actions against the government. In 1986, the False Claims Act was amended to raise the total compensation given to people who reported fraudulent actions, or whistleblowers. If a whistleblower works with a lawyer then it may be possible for them to get three times the amount the government would get in damages and also get additional compensation for general fines.

TYPES OF CASES

The most common situations that could form the basis of a Qui Tam action include:

• Submitting a false or fraudulent record, bill or statement to the government in order to fraudulently obtain money such as reporting a medical service that was never performed for Medicare or Medicad;
• Conspiring with a third party to submit or present have a false or fraudulent claim to the government;
• Withholding property of the government with the intent to defraud or conceal the property from the government;
• Fraudulently buying property of the government from someone not authorized to sell that property; and
• Making a false statement to fraudulently avoid paying money to the government or to avoid delivering property to the government.

FOR HELP, PLEASE CONTACT US.

We help whistleblowers on a contingency basis, meaning there is no fee charged for our work unless there is a recovery. We also front any and all expenses. No matter where you are located — we will represent you. We will come to you, you will not have to come to us.

Attorneys in our firm and attorneys that we work with on Whistleblower, Qui Tam, False Claims Act cases have represented a host of persons making claims, for violations of federal tax law, Medicare law and more.

For more information, please contact our team of whitsleblower and qui tam attorneys today.

CALL 1-800-632-1404

or fill out this form below for a free initial consultation.

CALL US TOLL FREE FOR HELP: 1-800-632-1404

We are attorneys that investigate False Claims Act cases nationwide, including in the state of New Jersey for Medicare fraud, tax fraud, contractor fraud and more against a range of employers including healthcare providers, medical device companies, defense contractors, and pharmaceutical companies. We stand ready to provide a free case evaluation to you; please call us today.

FALSE CLAIMS ACT CASES IN THE NEWS

A federal judge has ordered Daytona Beach, Fla.-based Halifax Health to release internal documents as part of a whistleblower lawsuit alleging Medicare fraud, according to a Daytona Beach News-Journal report.

Halifax’s former director of physician services, Elin Baklid-Kunz, filed suit in 2009, claiming the health system’s physicians admitted patients for unnecessary procedures and improperly collected Medicare payments. The Department of Justice joined the suit in September 2011.

In his order, Judge Thomas B. Smith wrote that two emails between the hospital’s finance and legal departments showed “that Halifax was engaged in or about to be engaged in fraudulent conduct” when it sought legal advice, according to the report.

Officials from Halifax Health have denied any wrongdoing. They said the court’s order to release the internal documents is based on “unproven allegations and does not reflect any judicial findings of fact or law regarding the merits of the allegations,” according to the report. Halifax lawyers argued the documents were protected due to attorney-client privilege.

You can read more by visiting HERE.

Does this sound familiar? We would be honored to help you. You may have some additional questions about False Claims Act claims. If you would like more information on False Claims Act cases, please continue reading as we will accept nationwide case evaluations to try and help you pursue justice.

THE SCOPE OF FRAUD

Amazingly, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud.

The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/Defense contract fraud; Pharmaceutical Manufacturing;contract fraud involving any number of large government spending programs; or other types public benefit fraud.

HELPING THE PUBLIC.

As a whistleblower attorney, we are interested in speaking with persons willing to make known the truth about company practices and are willing to file a qui tam or whistleblower action. One area in particular we are interested in discussing are lawsuits involving medical device companies where the company is alleged to have overcharged, engaged in kickback programs, and the like. We will nevertheless investigate claims in a variety of areas.

Workers and persons all across the country witness actions at their work that may be unlawful or even corrupt. Unfortunately, some employees and workers feel that they will be fired, terminated, harrassed or punished if they report an unlawful or corrupt action. These reporters, however, are protected by the law as a Whistleblower and can receive compensation because of the False Claims Act or the Medicaid False Claims Act. If you have reported actions that may be fraudulent, then you should talk to a Whistleblower or qui tam lawyer about your facts.

Whistleblowers help the government to get back billions of dollars each year with the help of the False Claims Act. In fact, fraudulent Medicaid claims are also caught by whistleblowers having the Medicaid False Claims Act on their side. If you report a false claim or fraudulent action to the government, then the government will give you, the whistleblower, a part of the money that gets recovered. This is because of qui tam requirements. Qui Tam means that a person files a lawsuit for the king and also for him or herself. The phrase is qui tam pro domino rege quam pro se ipso in hac parte sequitur, or, “he who sues for the king as well for himself.”

These requirements and lawsuits were made popular during the Civil War when many people were getting away with fraudulent actions against the government. In 1986, the False Claims Act was amended to raise the total compensation given to people who reported fraudulent actions, or whistleblowers. If a whistleblower works with a lawyer then it may be possible for them to get three times the amount the government would get in damages and also get additional compensation for general fines.

TYPES OF CASES

The most common situations that could form the basis of a Qui Tam action include:

• Submitting a false or fraudulent record, bill or statement to the government in order to fraudulently obtain money such as reporting a medical service that was never performed for Medicare or Medicad;
• Conspiring with a third party to submit or present have a false or fraudulent claim to the government;
• Withholding property of the government with the intent to defraud or conceal the property from the government;
• Fraudulently buying property of the government from someone not authorized to sell that property; and
• Making a false statement to fraudulently avoid paying money to the government or to avoid delivering property to the government.

FOR HELP, PLEASE CONTACT US.

We help whistleblowers on a contingency basis, meaning there is no fee charged for our work unless there is a recovery. We also front any and all expenses. No matter where you are located — we will represent you. We will come to you, you will not have to come to us.

Attorneys in our firm and attorneys that we work with on Whistleblower, Qui Tam, False Claims Act cases have represented a host of persons making claims, for violations of federal tax law, Medicare law and more.

For more information, please contact our team of whitsleblower and qui tam attorneys today.

CALL 1-800-632-1404

or fill out this form below for a free initial consultation.