False Claims Act

Healthpoint to Pay up to $48 Million for False Medicare and Medicaid Claims

December 6, 2012

Healthpoint Ltd. and DFB Pharmaceuticals have agreed to pay up to $48 million to resolve allegations that Healthpoint caused false claims to be submitted to Medicare and Medicaid programs for a non-FDA approved skin ointment, Xenaderm.  The U.S. Department of Justice alleges that Healthpoint misrepresented Xenaderm’s regulatory status in its government reports and knowingly caused false claims to be submitted for the product.

The lawsuit was brought under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private parties with knowledge of fraud to sue on behalf of the United States and share in any recovery.   This settlement is part of a series of recoveries totaling over $100 million from manufacturers of unapproved drugs.   The relator, or whistleblower, Ms. Constance Conrad, is eligible to recover 15% to 30% of the settlement, however, an agreement between the government and Ms. Conrand regarding her award has not been reached yet.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who uncover fraud of every kind perpetrated against our government including, health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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IRS Reports Record $125 Million Paid To Whistleblowers in 2012

February 20, 2013

The Internal Revenue Service released its Fiscal Year 2012 Report to Congress, which details awards paid to whistleblowers under the Tax Relief and Health Care Act of 2006.  The whistleblower award program generally requires the IRS to pay awards if information an individual provides substantially contributes to the collection of tax, penalties, interest, and other amounts when the amounts in dispute are more than $2,000,000.  Awards are based on percentages of the collected proceeds.   According to the report, the IRS collected $592.5 million from the program, including 12 collections of more than $2 million, and paid 128 awards totaling $125.4 million.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who uncover fraud of every kind perpetrated against our government including, health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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OSHA Issues Rule Re: Whistleblower Protection Under Obamacare

February 28, 2013

The Occupational Safety and Health Administration of the U.S. Department of Labor today issued the interim final regulations governing the employee protection (whistleblower) provision of section 1558 of the Affordable Care Act--also known as Obamacare--which added section 18C of the Fair Labor Standards Act, to provide protections to employees of health insurance issuers or other employers who may have been subject to retaliation for reporting potential violations of the law’s consumer protections (such as the prohibition on denials of insurance due to pre-existing conditions) or affordability assistance provisions (such as access to health insurance premium tax credits).  Read the Interim Final Rule.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who uncover fraud of every kind perpetrated against our government including, health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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Doctor to Pay $26.1 Million to Resolve False Claims Case, $4 Million to Relator

February 11, 2013

A dermatologist in Venice, Florida, has agreed to pay $26.1 million to resolve allegations that he violated the False Claims Act by accepting illegal kickbacks from a pathology laboratory and by billing Medicare for medically unnecessary services, the U.S. Justice Department announced today.   The settlement is the largest ever with an individual under the False Claims Act in the Middle District of Florida and one of the largest with an individual under the False Claims Act in U.S. history.   The settlement resolves allegations initiated in a lawsuit originally filed in the District Court for the Middle District of Florida by Alan Freedman, M.D., a pathologist who formerly worked at the laboratory in question.   Dr. Freedman filed the lawsuit under the qui tam, or whistleblower provisions of the False Claims Act.   Under the False Claims Act, a private party, called the "relator," may file suit on behalf of the United States for false claims and share in any recovery.   The United States has the right to intervene in the action, which it did in this case, filing its own complaint in October 2010.   Dr. Freedman will receive $4,046,000 from the settlement.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who uncover fraud of every kind perpetrated against our government including, health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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U.S. Joins Suit Against Lance Armstrong Re: Fraud on U.S. Postal Service

February 22, 2013

The U.S. Department of Justice announced today that it was joining a civil lawsuit alleging that Lance Armstrong, Johan Bruyneel and Tailwind Sports LLC and Tailwind Sports Corporation (Tailwind) submitted or caused the submission of false claims to the U.S. Postal Service (USPS) in connection with its sponsorship of a professional bicycle racing team by regularly employing banned substances and methods to enhance their performance, in violation of the USPS sponsorship agreements.  

“Lance Armstrong and his cycling team took more than $30 million from the U.S. Postal Service based on their contractual promise to play fair and abide by the rules – including the rules against doping,” said Ronald C. Machen Jr., U.S. Attorney for the District of Columbia. 

The lawsuit joined by the United States was  filed under the False Claims Act, which imposes liability on those who submit false claims for government funds, and provides for the recovery of three times the government’s damages, plus civil penalties.   The False Claims Act contains a qui tam or whistleblower provision, which permits private parties to sue on behalf of the United States for false claims and share in any recovery.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who uncover fraud of every kind perpetrated against our government including, health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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California Sues Standard & Poor’s for False Claims Act Violations

February 5, 2013

On February 5, 2013, California Attorney General Kamala Harris filed a lawsuit against Standard and Poor's Financial Services LLC and the McGraw-Hill Companies, Inc. , alleging violations of the California False Claims Act and other state law for inflating ratings of investments, which caused California's teachers public employees' pension funds, among others, to lose billions of dollars.   The suit seeks treble (triple the amount of) damages, civil penalties, and a permanent injunction.   Read the Attorney General's Complaint against S&P.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who uncover fraud of every kind perpetrated against our government including, health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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U.S. Department of Justice Reports False Claims Act Recovers Nearly $5 Billion in 2012

December 4, 2012

The U.S. Department of Justice announced today that it has secured $4.9 billion in settlements and judgments in civil cases involving fraud against the government in the fiscal year ending September 30, 2012. This figure tops the Justice Department's 2011 recoveries by $1.7 billion. Of the $4.9 billion in fiscal year 2012 recoveries, a record $3.3 billion was recovered in whistleblower suits. In fiscal year 2012 alone, relators filed 647 qui tam suits. Since 1986, whistleblowers have been awarded nearly $4 billion, with $439 million in awards in fiscal year 2012.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who uncover fraud of every kind perpetrated against our government including, health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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Secretary of Labor announces Whistleblower Protection Advisory Committee to Help Protect Whistleblowers

December 13, 2012

The U.S. Secretary of Labor announced the creation of the Whistleblower Protection Advisory Committee (WPAC), to advise, consult with and make recommendations to the Department of Labor on ways to improve the fairness, efficiency, effectiveness and transparency of the Occupational Safety and Health Administration's whistleblower protection programs. The WPAC members will use their expertise to provide valuable advice and recommendations to help OSHA strengthen and improve its whistleblower protection program.

"Protecting workers who identify wrongdoing is an essential cornerstone of the U.S. Department of Labor's worker protection enforcement efforts," said the Labor Secretary.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who uncover fraud of every kind perpetrated against our government including, health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

 

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IRS Proposes Regulations for Whistleblower Awards in Violation of Tax Law Cases

December 17, 2012

The Journal of Accountancy reports that the Internal Revenue Service has proposed regulations for whistleblower awards in violation of tax law cases and for the disclosure of tax return information. The proposed regulations are intended to provide general rules for submitting claims to the IRS, rules for proceedings, and factors to evaluate the size of an award. Read the Proposed Regulations.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who uncover fraud of every kind perpetrated against our government including, health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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New and Improved California False Claims Act Goes Into Effect Today

January 1, 2013

On January 1, 2013, the amendments to the California False Claims Act, signed into law last year by Governor Jerry Brown, took effect. The amendments, among other things, expand the definition of a claim under the state False Claims Act, increase the civil penalties for each violation of the law, and provide qui tam plaintiffs with up to 33% of the proceeds of the action or settlement. Read the Amended California False Claims Act.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who uncover fraud of every kind perpetrated against our government including, health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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