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Category Archives: False Claims / Qui Tam

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The FCA Does Not Permit Recovery for Violations of “Any Fine-Print Regulatory Requirement”

Posted in False Claims / Qui Tam
stopfraudThe Chamber of Commerce has commenced a well-financed and aggressive lobbying campaign to undermine America’s most effective whistleblower law, the False Claims Act. To justify its anti-whistleblower campaign the Chamber published a report entitled, “Fixing the False Claims Act: the Case For Compliance-Focused Reforms.” The purpose of this blog series is to combat the Chamber’s misinformation, and explain why the… Continue Reading

Recent Settlements under the False Claims Act

Posted in False Claims / Qui Tam, News
medicare-fraud2The below cases were settled by the Department of Justice in April 2015: Texas-Based Citizens Medical Center Agrees to Pay United States $21.75 Million to Settle Alleged False Claims Act Violations Citizens Medical Center, a county-owned hospital in Victoria, Texas, agreed to pay the United States $21,750,000 to settle allegations that it violated the False Claims Act by engaging in… Continue Reading

The Chamber’s Proposal to Limit Recoveries to “ Net Actual Damages ” is Not Needed

Posted in False Claims / Qui Tam
The FCA’s Penalties Are Not ExcessiveThe Chamber of Commerce has commenced a well-financed and aggressive lobbying campaign to undermine America’s most effective whistleblower law, the False Claims Act. To justify its anti-whistleblower campaign the Chamber published a report entitled, “Fixing the False Claims Act: the Case For Compliance-Focused Reforms.” The purpose of this blog series is to combat the Chamber’s misinformation, and explain why the… Continue Reading

Maryland Enacts False Claims Act

Posted in False Claims / Qui Tam
Maryland False Claims ActOn April 8, 2015, the State of Maryland joined the majority of states, including Virginia and the District of Columbia, in passing a False Claims Act, which permits whistleblowers to file claims alleging fraud in government contracting and procurement (including Medicare and Medicaid) and to obtain financial rewards if their allegations are verified. On February 19, 2014, National Whistleblower Center… Continue Reading

FCA Whistleblowers Celebrate Partial Victory at Supreme Court

Posted in False Claims / Qui Tam
SupremeCourt2The Supreme Court handed down a ruling today in Kellogg Brown & Root v. United States ex rel. Carter, holding that whistleblowers don’t get extra time to file civil false-claims lawsuits when the United States is at war. However, the Court was unanimous in finding that it was improper for the trial court to dismiss Carter’s one live claim under the first-to-file rule.… Continue Reading

FCA Settlements Bring In Millions From Medicare Fraud

Posted in False Claims / Qui Tam
healthcare-fraud2The Department of Justice recently announced the settlements, listed below, in False Claims Act cases. The False Claims Act permits private parties to sue on behalf of the government those who falsely claim federal funds or avoid paying funds owed to the government.  The United States may intervene in and take over the lawsuit.  The False Claims Act also allows… Continue Reading

The FCA’s Penalties Are Not Excessive

Posted in False Claims / Qui Tam
The FCA’s Penalties Are Not ExcessiveThe Chamber of Commerce has commenced a well-financed and aggressive lobbying campaign to undermine America’s most effective whistleblower law, the False Claims Act. To justify its anti-whistleblower campaign the Chamber published a report entitled, “Fixing the False Claims Act: the Case For Compliance-Focused Reforms.” The purpose of this blog series is to combat the Chamber’s misinformation, and explain why the… Continue Reading

The Chamber’s Proposal to Make it Harder to Prove Fraud Was Refuted Years Ago by the Reagan Administration

Posted in False Claims / Qui Tam
The Chamber’s Proposal to Make it Harder to Prove Fraud Was Refuted Years Ago  by the Reagan AdministrationThe Chamber of Commerce has commenced a well-financed and aggressive lobbying campaign to undermine America’s most effective whistleblower law, the False Claims Act. To justify its anti-whistleblower campaign the Chamber published a report entitled, “Fixing the False Claims Act: the Case For Compliance-Focused Reforms.” The purpose of this blog series is to combat the Chamber’s misinformation, and explain why the… Continue Reading

Recent False Claims Act Settlements Announced by DOJ

Posted in False Claims / Qui Tam
fraudThe Department of Justice recently announced the settlements, listed below, in False Claims Act cases. The False Claims Act permits private parties to sue on behalf of the government those who falsely claim federal funds or avoid paying funds owed to the government.  The United States may intervene in and take over the lawsuit.  The False Claims Act also allows… Continue Reading

The Chamber’s Justification for Barring FCA Cases after Defendants Make a Disclosure to the Government Is a Green Light for Fraud

Posted in False Claims / Qui Tam
The Chamber of Commerce has commenced a well-financed and aggressive lobbying campaign to undermine America’s most effective whistleblower law, the False Claims Act. To justify its anti-whistleblower campaign the Chamber published a report entitled, “Fixing the False Claims Act: the Case For Compliance-Focused Reforms.” The purpose of this blog series is to combat the Chamber’s misinformation, and explain why the… Continue Reading

Millions Recovered In DOJ False Claims Act Settlements

Posted in False Claims / Qui Tam
medicaid_fraudThe Department of Justice recently announced the settlements, listed below, in False Claims Act cases. The False Claims Act permits private parties to sue on behalf of the government those who falsely claim federal funds or avoid paying funds owed to the government.  The United States may intervene in and take over the lawsuit.  The False Claims Act also allows… Continue Reading

Barring Federal Employees from Using the FCA Will Promote Fraud

Posted in False Claims / Qui Tam
Healthcare-fraudThe Chamber of Commerce has commenced a well-financed and aggressive lobbying campaign to undermine America’s most effective whistleblower law, the False Claims Act. To justify its anti-whistleblower campaign the Chamber published a report entitled, “Fixing the False Claims Act: the Case For Compliance-Focused Reforms.” The purpose of this blog series is to combat the Chamber’s misinformation, and explain why the… Continue Reading

Recent False Claims Act Settlements

Posted in False Claims / Qui Tam
fraudThe Department of Justice recently announced the settlements, listed below, in False Claims Act cases. The False Claims Act permits private parties to sue on behalf of the government those who falsely claim federal funds or avoid paying funds owed to the government.  The United States may intervene in and take over the lawsuit.  The False Claims Act also allows… Continue Reading

DOJ False Claims Act Settlements

Posted in False Claims / Qui Tam
stopfraudThe Department of Justice recently announced the settlements, listed below, in False Claims Act cases. The False Claims Act permits private parties to sue on behalf of the government those who falsely claim federal funds or avoid paying funds owed to the government.  The United States may intervene in and take over the lawsuit.  The False Claims Act also allows… Continue Reading

NWC Participates in Transparency Roundtable

Posted in False Claims / Qui Tam, International
WLPKohn1On March 20, 2015, NWC Executive Director Stephen M. Kohn participated in a Roundtable of Transparency panel discussion presented as part of the U.S. State Department’s International Visitor Leadership Program. Each year this program brings about 4,500 visitors to the US from 140 countries to learn how to use advocacy as the process of building consensus on national, regional, or local priorities… Continue Reading

SEC Sanctions KBR for Illegal Non-Disclosure Agreement

Posted in Corporate Whistleblowers, False Claims / Qui Tam
KBRSEC Investigation into overly restrictive non-disclosure agreements was triggered by complaint filed by former KBR Contractor Harry Barko Washington, D.C. , 2015.  April 1, 2015.  Today the U.S. Securities and Exchange Commission sanctioned defense contractor KBR for requiring its employees to sign restrictive non-disclosure agreements that prohibited employees from properly reporting fraud and misconduct to appropriate regulatory authorities.  A copy… Continue Reading

Maryland Senate Broadens Whistleblower Protections

Posted in False Claims / Qui Tam
Maryland-State-HouseOn March 24 the Maryland State Senate passed the Maryland False Claims Act.  The Act, if passed by the House, would widen Maryland’s current protections to include state and local government contractors.  The currently Maryland False Claims Act only overs health claims such as medicaid fraud. “This is about people ripping off the government,” said Sen. Jamie Raskin, the bill sponsor.… Continue Reading

Whistleblower Advocacy Group Warns OSC Proposed Rule for Federal Contractors May Cause Harm

Posted in False Claims / Qui Tam, Government Whistleblowers, National Security
federalk2In January the U.S. Office of Special Counsel (OSC) proposed a rule that it claims would extend protections under the Civil Service Reform Act and the Whistleblower Protection Act to employees of federal contractors.  However, as my previous blog on this proposed rule stated, the unintended consequences of this rule may cause more harm than good for employees of federal… Continue Reading

The FCA Saves the Government Costs and Does Not Encourage Frivolous Complaints

Posted in False Claims / Qui Tam
frivolousThe Chamber of Commerce has commenced a well-financed and aggressive lobbying campaign to undermine America’s most effective whistleblower law, the False Claims Act. To justify its anti-whistleblower campaign the Chamber published a report entitled, “Fixing the False Claims Act: the Case For Compliance-Focused Reforms.” The purpose of this blog series is to combat the Chamber’s misinformation, and explain why the… Continue Reading

Mandating That Whistleblowers Report Violations of Law Internally Constitutes an Obstruction of Justice

Posted in False Claims / Qui Tam
The Chamber of Commerce has commenced a well-financed and aggressive lobbying campaign to undermine America’s most effective whistleblower law, the False Claims Act. To justify its anti-whistleblower campaign the Chamber published a report entitled, “Fixing the False Claims Act: the Case For Compliance-Focused Reforms.” The purpose of this blog series is to combat the Chamber’s misinformation, and explain why the… Continue Reading

Recent False Claims Act Settlements

Posted in False Claims / Qui Tam
The Department of Justice recently announced the following settlements in False Claims Act cases: United States Settles False Claims Act Suit Against Good Shepherd Hospice Inc. and Related Entities Good Shepherd Hospice Inc. agreed to pay $4 million to resolve allegations that Good Shepherd submitted false claims for hospice patients who were not terminally ill. Good Shepherd is a for-profit… Continue Reading

Mandating Internal Disclosures Would Undermine the Effectiveness of Internal Compliance Programs

Posted in False Claims / Qui Tam
The Chamber of Commerce has commenced a well-financed and aggressive lobbying campaign to undermine America’s most effective whistleblower law, the False Claims Act. To justify its anti-whistleblower campaign the Chamber published a report entitled, “Fixing the False Claims Act: the Case For Compliance-Focused Reforms.” The purpose of this blog series is to combat the Chamber’s misinformation, and explain why the… Continue Reading

U.S. Settles FCA Case Against Medical Device Manufacturer for $1.25 Million

Posted in False Claims / Qui Tam
medicare-fraud2The Department of Justice announced today that Medical device manufacturer ev3 Inc., formerly known as Fox Hollow Technologies Inc., has agreed to pay the United States $1.25 million to resolve allegations under the False Claims Act that Fox Hollow caused certain hospitals to submit false claims to Medicare for unnecessary inpatient admissions related to minimally-invasive atherectomy procedures. … Continue Reading

Chamber-Endorsed Compliance Programs Can Use Information Obtained by the Whistleblower to Investigate and Fire the Whistleblower

Posted in False Claims / Qui Tam
fired_whistleblowerThe Chamber of Commerce has commenced a well-financed and aggressive lobbying campaign to undermine America’s most effective whistleblower law, the False Claims Act. To justify its anti-whistleblower campaign the Chamber published a report entitled, “Fixing the False Claims Act: the Case For Compliance-Focused Reforms.” The purpose of this blog series is to combat the Chamber’s misinformation, and explain why the… Continue Reading