whistleblower attorney

TCG Clients Secure Over $1M in Civil Penalties During First Quarter 2013

Submitted by mma on April 4, 2013
April 4, 2013

For the first quarter of 2013, citizen enforcers represented by The Chanler Group have secured civil penalties under Proposition 65 in excess of $1 million from businesses offering consumer products for sale in California containing chemicals known to cause cancer or reproductive harm without first providing the required health hazard warning.

After a court approves a settlement obtained by a citizen enforcer under Proposition 65, 75% of the penalties are paid to California’s Office of Environmental Health Hazard and Assessment (OEHHA), the lead agency responsible for implementing Proposition 65, and adding or removing chemicals to the list of more than 800 Proposition 65 chemicals known to cause cancer or reproductive harm.  The remaining 25% of civil penalties is designated for citizen enforcers, such as the clients of The Chanler Group, who investigated and identified the violations of Proposition 65 and served notices on the alleged violators. 

In lieu of additional penalties, $29,000 of settlement amounts obtained by clients of The Chanler Group has been paid to Silent Spring Institute, a nonprofit research organization dedicated to identifying the links between environmental chemicals and cancer.

Notable among the Proposition 65 settlements reached by TCG clients so far in 2013 are agreements regarding:

  • Norpro glass beverageware allegedly containing lead, a chemical known to the State of California to cause cancer and reproductive harm
  • Greenlee Textron hand tools with grips allegedly containing the phthalates DEHP and DBP, chemicals known to the State of California to cause reproductive harm
  • Pan Am bags, passport covers, and luggage tags allegedly containing the phthalate DEHP, a chemical known to the State of California to cause reproductive harm

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

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Whistleblower Settles Retaliation Claims with SF Hospital for $750K

Submitted by mma on April 1, 2013
April 1, 2013

A former hospice physician recently secured a $750,000 settlement from the City of San Francisco after he filed complaints alleging that his layoff was the result of retaliation for whistleblower complaints that San Francisco’s Laguna Honda Hospital and Rehabilitation Center (“Laguna Honda Hospital”) had misused patient funds and knowingly entered into a conflict of interest.

Dr. Derek Kerr, a hospice physician for over 20 years at Laguna Honda Hospital, filed complaints against the hospital in late 2010, alleging that it misused patient gift funds and knowingly entered into a conflict of interest when it established a relationship with a non-profit that had connections to management at the hospital.  The day after he filed the complaints, Kerr received a layoff notice.

Kerr reported the layoff to the San Francisco Ethics Commission as whistleblower retaliation, which is prohibited under California Government Code section 53298, California Health and Safety Code section 1432, and California Labor Code section 1102.5.  He later filed a complaint in the San Francisco County Superior Court and eventually negotiated a $750,000 settlement with the city, and an agreement that a plaque be installed at the hospital commemorating his work there.  He will also be lauded by the very officials who were allegedly responsible for his layoff.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who have been subject to retaliation for taking 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 expose every kind of fraud against the 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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Caddell to Pay $1.15M for False Claims Re: Hiring Native American Business

Submitted by mma on March 26, 2013
March 26, 2013

Alabama-based Caddell Construction has agreed to pay a $1.15 million settlement to resolve allegations that they violated the False Claims Act by knowingly making false reports to the Army Corps of Engineers that they had hired and were mentoring a Native American-owned company to work construction projects, the U.S. Department of Justice announced.

The United States alleged that from 2003 to 2005, Caddell falsely represented in invoices and supporting documents that it was mentoring Mountain Chief Management Services to perform work on construction projects at Fort Bragg, N.C. and Fort Campbell, Ky.  The mentorship of Mountain Chief Management Services was part of Caddell’s contract with the Army Corps of Engineers, and Caddell received reimbursements and rebates under the Mentor-Protégé and Indian Incentive Programs.  However, as alleged by the government, Mountain Chief was a pass-through entity used by Caddell to enable Caddell to claim payments and did not actually perform the work or receive any mentoring.

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 expose every kind of fraud against the 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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Court Upholds Whistleblowers' $6.9M Share of $46M False Claims Settlement

Submitted by mma on March 22, 2013
March 15, 2013

Earlier this month, the U.S. Court of Appeals for the Eighth Circuit upheld the federal district court's decision that the two whistleblowers, or relators, in Rille et al v. Accenture, LLP et al, No. 11-2054 (8th Cir. 2013) were entitled to a 15% share of the federal government's $46 million False Claims Act settlement with Hewlett-Packard, amounting to a $6.9 million award to the whistleblowers.

The relators, Norman Rille and Neal Roberts, filed a <i>qui tam</i>, or whistleblower, action in 2004 against HP and other defendants on behalf of the United States, alleging that the defendants gave kickbacks to consultants in exchange for recommendations and engaged in pricing schemes that cost the federal government millions of dollars.

In 2006, the government intervened and filed its own complaint against HP and the other defendants, and eventually entered into a settlement in which the government received $55 million: $9 million from the kickback scheme and $46 million for the pricing scheme.  While the government conceded a share of the kickback settlement to the relators, it attributed the pricing settlement to its own investigation, and not the relators'.

The district court found in favor of the relators, writing that "the government had no knowledge of the defective pricing before Relators brought it to light."  The government appealed.  The Court of Appeals affirmed the district court's decision, upholding the whistleblowers' entitlement to 21% of the $9 million kickback settlement and 15% of the $46 pricing 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 expose every kind of fraud against the 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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Hospice of Ariz to Pay $12M for Medicare Fraud; Whistleblower to get $1.8M

Submitted by mma on March 20, 2013
March 20, 2013

Hospice of Arizona, L.C., American Hospice Management LLC, and American Hospice Management Holdings LLC, have agreed to pay $12 million to resolve allegations that they violated the False Claims Act by knowingly defrauding Medicare, the Department of Justice announced today.

Hospice of Arizona and its related entities allegedly engaged in practices that resulted in the admission of ineligible patients, inflated medical bills, and delayed and discouraged staff from discharging patients no longer eligible for hospice care.  As part of the settlement, American Hospice Management Holdings has agreed to enter a corporate integrity agreement with the Inspector General of the Department of Health and Human Services that provides for procedures and reviews to be put in place to avoid and promptly detect similar misconduct.

Medicare hospice benefits are available to patients with a life expectancy of six months or fewer; these patients do not receive care intended to treat or stop their illnesses, and instead receive medical care focused on providing them with relief from the symptoms, pain, and stress of a terminal illness.

The allegations arose from a lawsuit filed by former Hospice of Arizona employee Ellen Momeyer, under the qui tam, or whistleblower, provisions of the False Claims Act.  The False Claims Act allows private citizens to bring suit on behalf of the United States and share in any recovery.  Momeyer will receive $1.8 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 expose every kind of fraud against the 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.

Source: 
http://www.justice.gov/opa/pr/2013/March/13-civ-326.html
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Brimer v. A&W Bottling Company, Inc., et al.

Submitted by dnowell on March 16, 2013
Date: 
October 23, 2007
Industry Categories: 
Decorated Glassware & Ceramicware
Decorated Soda Bottles
Featured: 
No

On October 23, 2007, the Alameda County Superior Court entered a Consent Judgment in Brimer v. A&W Bottling Company, Inc., which resolved citizen enforcer Russell Brimer’s allegations that the defendant A&W Bottling Company, Inc. (“A&W”) sold glass bottles with painted exterior decorations containing the heavy metal lead on the exterior in the State of California without providing the requisite health hazard warnings. 

Case PDF: 
application/pdf iconA&W.pdf
Plaintiff: 
Brimer
Defendant: 
A&W Bottling Company, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings
Monetary: 
$30,000-$39,999
Used By: 
Adult/Child Use
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Brimer v. 99 Cents Only Stores, et al.

Submitted by dnowell on March 16, 2013
Date: 
May 26, 2005
Industry Categories: 
Decorated Glassware & Ceramicware
Featured: 
No

Russell Brimer and 99 Cents Only Stores, et al. executed a Consent Judgment on May 26, 2005, which was later executed by the San Francisco County Superior Court in Brimer v. 99 Cents Only Stores, et al., resolving citizen enforcer Russell Brimer's allegations that the defendant 99 Cents Only Stores sold champagne goblets and other glass and ceramic beverageware products with colored artwork, designs or markings on the exterior surface containing lead and/or cadmium in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf icon99 Cents Only Stores.pdf
Plaintiff: 
Brimer
Defendant: 
99 Cents Only Stores, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings
Monetary: 
$110,000-$119,999
Used By: 
Adult/Child Use
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Held v. 99 Cents Only Stores, et al.

Submitted by dnowell on March 16, 2013
Date: 
October 3, 2008
Industry Categories: 
Apparel & Fashion Accessories
Children's Apparel and Fashion Accessories
Children's Toys
Healthcare Products
Infant Products
Featured: 
No

On October 3, 2008, the Sacramento County Superior Court entered a Consent Judgment in Held v. 99 Cents Only Stores, which resolved citizen enforcer Anthony E. Held, Ph.D., P.E.'s allegations that the defendant 99 Cents Only Stores ("99") sold toys or other child care products containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf icon99Cents.pdf
Plaintiff: 
Held
Defendant: 
99 Cents Only Stores
Type: 
Consent Judgment
Relief: 
Reformulation, Product Recall
Monetary: 
$60,000-$69,999
Used By: 
Adult/Child Use
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Nursing Home Manager to Pay $2.7M for Medicare Fraud, $405K to Whistleblower

Submitted by mma on March 11, 2013
March 12, 2013

Tennessee-based Grace Healthcare LLC and its affiliate Grace Ancillary Services LLC (collectively, Grace) have agreed to pay $2.7 million to settle allegations that they knowingly submitted false claims to the Medicare and TennCare/Medicaid programs for unnecessary rehabilitation therapy, the Department of Justice announced last week.

The suit alleged that from 2007 to 2011, Grace pressured therapists in ten of its nursing homes to meet targets for Medicare revenue regardless of patients' individual therapy needs.  This resulted in patients being billed for large amounts of unnecessary rehabilitation and therapy, which were then paid for by Medicare.  As part of the settlement, Grace has agreed to procedures and reviews to be put in place in order to prevent future similar conduct.

The suit was originally filed by an unnamed former Grace employee under the qui tam, or whistleblower, provisions of the False Claims Act.  The False Claims Act allows private citizens to bring suit on behalf of the government and share in the recovery.  The whistleblower in this case will receive $405,000.  The Justice Department has recovered $10.2 billion in healthcare fraud cases since January 2009.  The Justice Department’s total recoveries in False Claims Act cases since January 2009 are over $14 billion.

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 expose every kind of fraud against the 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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CHG, Parent to Pay $18.5M for Time Card Fraud, Guilty Whistleblower Gets Nothing

Submitted by mma on March 11, 2013
March 11, 2013

Colorado-based CH2M Hill Hanford Group (CHG) and its parent company CH2M Hill Companies Ltd. (CH2M Hill) admitted to criminal conduct when CHG engaged in years of widespread time card fraud  on the U.S. Department of Energy. Between 1999 and 2008, CH2M Hill had a federal contract to manage and clean 177 large underground storage tanks containing mixed radioactive and hazardous waste at the Department of Energy’s Hanford Nuclear Site in southeastern Washington. The Hanford Site was used for the production of nuclear weapons during World War II and the Cold War. CHG hourly employees involved in the cleanup routinely overstated the number of hours they worked,  and CHG management not only condoned the practice---submitting inflated claims to the Department of Energy that included the fraudulently claimed hours--but certain supervisors engaged in patterns designed to avoid the detection of the routine time card fraud by law enforcement and internal auditors.  So far, eight individuals have pleaded guilty to the fraud scheme and conspiracy.

CH2M Hill will pay $16.5 million to resolve its civil liability under the False Claims Act, refund an additional $1.95 million in wrongfully obtained profits, dedicate $500,000 to increasing accountability at the Hanford site, and pay for independent monitoring.  The allegations were originally brought under the qui tam, or whistleblower, provisions of the False Claims Act by Carl Schroeder, a former employee of CH2M Hill, and one of those to plead guilty to the scheme.  Under the False Claims Act, private citizens can sue on behalf of the United States and share in the recovery.   The act, however, bars whistleblowers from recovering if they were convicted based on their role in the scheme.  Thus, Schroeder will not receive any share of the 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 expose every kind of fraud against the 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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