Qui Tam

Plaintiff in qui tam suit charged with $300,000 Fee Award in AZ

Posted on March 25, 2011
I read interesting post on the Law Blawg: California Attorneys Fees, entitled, Special Fee Shifting: Qui Tam Claimant Whacked With $300,000 Fee Award Under Arizona Fee Shifting Statute Did Not Obtain Reversal. The title caught me by surprise, but I was amazed at the ruling in Cafasso v...

LaBovick Law Group Announces New Firm Name

Posted on March 17, 2011
"New Name to Reflect the full scope of the Legal Team and Strength of Brand" We are pleased to announce that the firm formerly known as LaBovick & LaBovick, P.A. has changed its name to LaBovick Law Group. This will enable the LaBovick Law Group to present a clear and strong brand in the Florida legal community...

Swiss Bankers Charged in Tax Fraud Scheme

Posted on March 16, 2011
Facing massive fiscal deficits, the U.S government gave the IRS enhanced enforcement authority and the largest budget appropriation in the agency's history in 2006. The current 2010 IRS budget stands at $12.5 billion with President Obama proposing an increase of $243 million targeted specifically for enforcement efforts...

Las Vegas woman charged in $3.5 million Medicare fraud Scam by DME company

Posted on March 14, 2011
Recently, Jummal Joy Ibrahim, of Las Vegas, Nevada, pleaded guilty to her role in Medicare fraud of a durable medical equipment company that generated over $3.5 million in false Medicare claims. Between January of 2006 and September of 2009, the woman and her brother worked in conjunction to dupe Medicare into paying false claims submitted for high-end power wheelchairs and other expensive pieces of durable medical equipment...

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Houston Medical Equipmant owner charged in $3M Medicare Fraud Scheme

Posted on March 12, 2011
The former owner and operator of a medical equipment company, Helen Etinfoh was sentenced to 41 months in prison for her role in $3 million Medicare fraud scheme. The 50-year-old Etinfoh will  pay $851,228 in restitution and have a supervised release for three years after her prison term...

$164 Million Against Forest Pharmaceuticals for FDA Violations

Posted on March 11, 2011
The pharmaceutical company,  Forest Pharmaceuticals, Inc., was recently fined $164 million for shady marketing techniques, obstructing the FDA, and distributing a drug which had not yet been approved by the FDA. Background to the Suit The story behind Forest Pharmaceuticals' court decision starts back almost 20 years ago, in the early 1990s...

Understanding Qui tam and How the False Claims Act works

Posted on March 10, 2011
A citizen can file litigation against any entity that has defrauded the U.S government. Sanctioned under Title 31 of the United States Code, the False Claims Act can offer substantial financial rewards to individuals that provide previously undisclosed information that leads to a settlement or judgment against the defendant...

Medicare Fraud Strike Force charges 111 in $225 Million Fraud Scheme

Posted on March 08, 2011
Recently, the Health and Human Services Department, Department of Justice, and FBI issued a joint announcement that they were charging 111 defendants with Medicare fraud in nine cities, and expanding their investigative operations, called the Medicare Fraud Strike Force, to two more cities...

Update on Senate Bill SB 5458

Posted on February 09, 2011
Update on SENATE BILL - SB 5458 Recently, the Senate Committee on Health & Long Term Care met to discuss SB 5458. Several groups raised arguments for and against SB 5458. Bill Sponsors included: Senators Keiser, Pflug, Kline, Becker, Conway, Pridemore, Rockefeller and Parlette...

Reporting Medicare Fraud leads the pack with Whistleblowers

Posted on February 01, 2011
According to recent reports from Department of Health and Human Services, since  Jan. 4, there were 1,341 qui tam cases under investigation for fraud against the government. Healthcare fraud dominates this list with, 885 or 66 percent with most alleging filing of false claims to Medicare and Medicaid...

Health Care Fraud and the Global Business Forum 2011 in Miami

Posted on January 13, 2011
I hope you all had a fun but safe holiday season. December is a great month. It's that time of the year when I dust off my It's A Wonderful Life DVD and get back in the mind set that we, as a society, are here to work with each other and make our community better...

CFTC considers whistleblower rewards to help fight fraud

Posted on November 11, 2010
Yesterday, the Commodity Futures Trading Commission voted to propose regulations allowing the agency to reward whistleblowers with between 10% and 30% of the sanctions collected if the information leads to a successful enforcement case. The proposal, is based on a provision in the post-crisis Dodd-Frank Act...

Happy Veteran's Day - We Salute Our Armed Services

Posted on November 11, 2010
Today is Veteran's Day. We salute all of the men and women who served the Country in the Armed Services. We remember those that bravely gave their lives in service of freedom for our country. We also give special thanks to the active duty servicemen and women who are currently overseas...

Corporate Lobby attempt to weaken the Whistleblower Provisisions in Dodd-Frank

Posted on November 03, 2010
The Corporate Lobbyists are trying to make the whistleblower provisions in the Dodd-Frank less effective for whistleblowers.  We must stand up against them to help fight fraud. The National Whistleblower Center submitted very detailed comments addressing serious concerns with the recent recommendations made by the "Corporate Lobby" to the SEC...

Government recovers over $3.1 billion in FY 2010 due to False Claims Act

Posted on October 29, 2010
In Fiscal Year 2010, the U.S. Department of Justice recovered over $3.1 billion of America's stolen money largely due to valiant whistleblowers and the federal False Claims Act, According to the Consumer Interest Group,  Taxpayer's Against Fraud...

A Patient Recruiter Pleads Guilty in a $5.2 Million Medicare Fraud Scheme

Posted on October 29, 2010
A patient recruiter for a Houston-based home health care company pleaded guilty to a $5.2 million Medicare fraud scheme.  Sammie Wilson, pleaded guilty to conspiracy to commit health care fraud. According to court documents, Family Healthcare Group (Family Group) was supposed to provide skilled nursing to Medicare beneficiaries...

Two Income Tax Preparers sued by DOJ for filing over $70 Million in Fraudulent Tax Refunds

Posted on October 26, 2010
The United States has sued Iliana Sorensen of Hialeah, Fla., and Gerald A. Poynter II of Kansas City, Mo., for allegedly preparing tax returns claiming more than $70 million in fraudulent tax refunds based on fake withholding reported on Forms 1099-OID...

Botox maker Allergan pleads guilty and agrees to pay $600 Million fine for illegal off-label promotion

Posted on September 16, 2010
American pharmaceutical manufacturer Allergan Inc. has agreed to plead guilty and pay $600 million fine. This will resolve Allergan's criminal and civil liability arising from the unlawful promotion of Botox® Therapeutic, for uses not approved  by the Food and Drug Administration (FDA)...

Qui Tam Thrives Under Obama

Posted on July 15, 2010
I knew this administration would "get it" on at least this issue:  Creating qui tam and whistleblower protection is the best way to root out fraud in the government.  Today, July 15, 2010 Congress passed the Wall Street Reform and Consumer Protection Act (H...

Mobil Oil Companies pay $32.2 million to settle qui tam allegations for underpaid royalties

Posted on April 09, 2010
Mobil Oil and several affiliate companies have agreed to pay $32.2 million to resolve False Claims Act violation allegations. According to the Department of Justice, Mobil Natural Gas Inc., Mobil Exploration & Producing U.S. Inc. and their affiliates 'knowingly underpaid royalties' owed from the production of natural gas on American Indian and Federal lands...

Maryland Senate passes False Claims Act to fight Medicaid Fraud

Posted on April 07, 2010
Maryland is moving in the right direction in the fight against Medicaid fraud. The Maryland Senate approved the Maryland False Claims Act of 2010 (Maryland Senate Bill 279). The new False Claims Act will allow the state to track and punish individuals and health care providers attempting to defraud low-income resident Medicaid programs run by the state...

Supreme Court decision on qui tam cases and publicly disclosed information

Posted on March 31, 2010
In Graham County Soil and Water Conservation District v. U.S. ex rel. Wilson (pdf), Justice John Paul Stevens, writing for a 7-2 majority, held that whistleblowers whose allegations are based on publicly disclosed information in state or local reports and investigations are barred from filing so-called qui tam lawsuits...

Novartis Unit, Eon Labs, settles Medicaid fraud allegations for $3.5 Million

Posted on February 22, 2010
In an effort to resolve a qui tam claim regarding submitting false claims to Medicaid for Nitroglycerin Sustained Release (SR) capsules, Novartis Unit, Eon Labs Inc. agreed to pay the U.S. $3.5 million. The U.S. Department of Justice (DOJ) indicated that the settlement 'resolves allegations against Eon in a multi-defendant whistleblower action,' case titled United States ex rel...

HHS-DOJ Healthcare Fraud Summit - a step in the right direction

Posted on January 30, 2010
This week on January 28,  the Department of Healthand Human Services and the Department of Justice held an invitation only  Summit on Health Card Fraud. Key Speakers included Secretary Kathleen Sebelius and U.S. Department of Justice Attorney General Eric Holder...

"Defund the Crooks Act" passed by Congress

Posted on January 28, 2010
Upon returning from holiday recess, the 111th Congress of the United States enacted bill H.R. 4444, better known as the Defund the Crooks Act, in early January 2010. First introduced by Congressman Alan Grayson (D-FL), the Defund the Crooks Act prohibits the Federal Government from awarding Federal funds, contracts, or grants to covered organizations...

"Defund the Crooks Act" introduced to Congress

Posted on January 28, 2010
Upon returning from holiday recess, the 111th Congress of the United States introduced bill H.R. 4444, better known as the Defund the Crooks Act, in early January 2010. First introduced by Congressman Alan Grayson (D-FL), the Defund the Crooks Act prohibits the Federal Government from awarding Federal funds, contracts, or grants to covered organizations...

US intervenes in qui tam suit against Johnson & Johnson for Kickbacks to Pharmacy for Nursing Homes

Posted on January 26, 2010
The United States filed a qui tam or False Claims Act complaint against Johnson & Johnson (J&J) and its subsidiary companies Johnson & Johnson Health Care Systems Inc. and Ortho-McNeil-Janssen Pharmaceuticals Inc. According to the complaint, Omnicare Inc...

Forba Holdings, LLC, settles Medicaid fraud allegations for $24 Million

Posted on January 24, 2010
FORBA Holdings LLC, a dental management company, settled a qui tam claim for allegedly performing medically unnecessary dental services on children. FORBA  Holdings LLC provides administrative services to  "Small Smiles Center, a nationwide operation of 69 dental centers...

Qui tam suit charges stent device makers of off-label use

Posted on January 19, 2010
A qui tam law suit that accuses Boston Scientific Corp. (NYSE:BSX), Johnson & Johnson (NYSE:JNJ) and its Cordis Corp. subsidiary and Abbott (NYSE:ABT) of promoting the off-label use of biliary stents to treat cardiovascular disease in hundreds of thousands of patients has been unsealed...

Happy Martin Luther King, Jr. Day 2010

Posted on January 18, 2010
Today, January 18th,  we celebrate the life and legacy of Dr. Martin Luther King, Jr., a man that sacrificed his life to ending inequality, and spreading a message of peace to the world. As one of the most prominent figures in the Civil Rights struggle of the mid-20th Century, Dr...

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