Legal Insights & Articles

What is a Whistleblower Complaint?

A whistleblower complaint is the initial document filed under seal with the court that sets out all of the whistleblower’s allegations and claims against a defendant. In addition to being filed with the court, the complaint is also served on the government so that they can start their investigation into the whistleblower’s case. The [...]

By | 2019-05-10T10:07:31+00:00 July 20th, 2018|False Claims Act Information|

Montana False Claims Act

The Montana False Claims Act is modeled after the federal False Claims Act and allows individuals with information related to fraud, waste, and abuse being perpetrated on the Montana government to file a lawsuit on behalf of the government. Montana False Claims Act Liability Under the Montana False Claims Act, similar to the federal [...]

By | 2019-03-27T13:06:29+00:00 July 17th, 2018|False Claims Act Information|

What is Hospice Fraud?

Medicare Part A covers hospice care when a patient is certified as “terminally ill.” See e.g. 42 C.F.R. §§ 418.20, 418.22. “Terminally ill” means that a patient’s medical prognosis is for a life expectancy of six months or less due to the patient’s particular disease if it runs its normal course. See 42 U.S.C. § [...]

By | 2019-05-15T10:43:59+00:00 July 16th, 2018|Healthcare Fraud|

How to Report a Clinic for Healthcare Fraud

The state and federal governments pay hundreds of billions of dollars each year for pharmaceutical drugs, medical devices, hospital care, outpatient services, physician visits, and nursing home care. In making payments for these services, the government relies on clinics, companies, and individuals to abide by the law and submit accurate reimbursement requests. Unfortunately, experience [...]

By | 2019-03-27T13:13:38+00:00 July 12th, 2018|Healthcare Fraud|

What is the Difference Between Internal and External Whistleblowing?

Let’s begin this post by defining the term “whistleblowing” and distinguishing it from “leaking,” or disclosing government practices or documents. When we use the term “whistleblowing,” we’re talking about reporting on misconduct by individuals or companies that take advantage of the government or cause some public harm. Most specifically, since we are talking about [...]

By | 2019-05-15T10:17:47+00:00 July 11th, 2018|False Claims Act Information|

What is SEC Form TCR?

Section 21F of the Securities Exchange Act of 1934 (“Exchange Act”) (15 U.S.C. §78u-6), entitled “Securities Whistleblower Incentives and Protection,” (often referred to as the SEC Whistleblower Statute) requires the Securities and Exchange Commission (the “Commission”) to pay awards, subject to certain limitations and conditions, to whistleblowers who provide the Commission with original information [...]

By | 2019-04-25T10:59:24+00:00 July 9th, 2018|SEC Fraud|

Virginia Whistleblower Law

The Virginia Fraud Against Taxpayers Act (“Virginia False Claims Act) is the state-level counterpart to the federal False Claims Act for false claims in the Commonwealth of Virginia. While the federal statute concerns the presentation of false claims involving federal funds, the Virginia False Claims Act concerns the presentation of false claims involving state [...]

By | 2019-04-04T10:11:51+00:00 July 6th, 2018|False Claims Act Information|

Investigative Tools in the Government’s Arsenal: Civil Investigative Demands

When investigating potential violations of the False Claims Act (“FCA”), the Government has a powerful tool at its disposal known as civil investigative demands (“CID”). CIDs permit the Government to require a person or entity to produce documents, provide written answers to interrogatories, or provide oral testimony. The Government can utilize this information to [...]

By | 2019-05-13T11:39:25+00:00 July 3rd, 2018|False Claims Act Information|

What is Physical Therapy Medicare Fraud?

Physical therapy Medicare fraud is when a provider fraudulently bills Medicare for physical therapy services. This fraud can also extend to other types of therapy services for Medicare beneficiaries, such as occupational or speech therapy. This particular fraud has been the subject of several successful qui tam lawsuits: in 2016, the United States reached [...]

By | 2019-05-14T10:50:43+00:00 July 2nd, 2018|Healthcare Fraud|
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