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Philips Recalled CPAP, Bi-Level PAP, and Mechanical...
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September 26, 2018
False Claims Act Information
The Pros and Cons of Whistleblowing
If you observe actions that you believe are illegal and cheating the government, what should you do? What are the pros or cons of deciding to report that misconduct to someone – possibly someone within your company, who could fix things? Or reporting to a regulatory agency that your business […]
September 25, 2018
News
Managing Shareholder Eric L. Cramer to Speak at 12th Annual Private Antitrust Enforcement Conference in Washington, D.C.
Berger Montague's Eric L. Cramer will deliver the Welcome and Overview Address and speak on a panel at American Antitrust Institute’s (“AAI”) 12th Annual Private Antitrust Enforcement Conference. The conference will take place on Wednesday, November 14, 2018 at the National Press Club in Washington, D.C.
September 24, 2018
False Claims Act Information
New Hampshire False Claims Act
The New Hampshire False Claims Act (“New Hampshire FCA”) was first enacted in 2004. It authorizes whistleblowers with knowledge of fraudulent efforts by persons or businesses to obtain New Hampshire state funds or to avoid an obligation to pay New Hampshire state funds to file suit on behalf of the […]
September 20, 2018
Healthcare Fraud
Common Types of Pharmaceutical Fraud
Pharmacy fraud can take many forms, some of which can be very costly to taxpayers when the pharmaceuticals involved are paid for by government-funded health programs like Medicare or Medicaid. Some of the most common types of pharmacy fraud include: auto-refilling fraud, off-label marketing of drugs, average manufacturer price/best price […]
September 17, 2018
News
$750,000 Settlement Reached in Grant Fraud Lawsuit Against Texas A&M University Research Foundation
Berger Montague is pleased to announce that the Texas A&M University Research Foundation has agreed to pay $750,000 to resolve grant fraud claims under the False Claims Act. These claims were filed more than five years ago by two Research Foundation employees who worked in the compliance area.
September 5, 2018
False Claims Act Information
The Michigan Whistleblowers’ Protection Act
The Michigan Whistleblowers’ Protection Act (“WPA”), Mich. Comp. Laws § 15.361-369 (2017), was enacted in 1980. The WPA protects employees, or agents acting on behalf of an employee, who report or are about to report violations of state, local, or federal law to any public body, from retaliation by their […]
August 31, 2018
Healthcare Fraud
What are Anti-Kickback Safe Harbors?
The federal Anti-Kickback Statute (“AKS”) imposes penalties on anyone who, knowingly or willfully, offers, pays, solicits, or accepts remuneration in exchange for referrals or payments for goods or services reimbursable under a federal healthcare program.[i] Congress enacted the AKS in 1972, and its primary purpose is “to protect patients and […]
August 30, 2018
News
Harold Berger Receives National Lifetime Achievement Award From Marquis Who’s Who
Harold Berger has received a National Lifetime Achievement Award from Who’s Who in America and Who’s Who in American Law. This award recognizes “individuals who have achieved distinction in their profession or industry and have excelled for a period of over 20 years.”
August 27, 2018
Medicaid Fraud
How to Report Dentist Medicaid Fraud
In every state, Medicaid covers comprehensive dental services for all enrolled children. Additionally, almost every state Medicaid program provides emergency dental services to enrolled adults. About two-thirds of the state Medicaid programs additionally cover at least some non-emergency dental services for enrolled adults. See id. Whistleblowers play a central role […]
August 24, 2018
False Claims Act Information
Nevada False Claims Act
The Nevada False Claims Act (“Nevada FCA”) mirrors the federal False Claims Act (“FCA”) but operates at the state level. Enacted in 1999, the Nevada FCA penalizes people who defraud Nevada’s state or local governments. The Nevada FCA imposes civil liability on “[any] person who, with or without specific intent to […]
August 22, 2018
False Claims Act Information
Isn’t Whistleblower Just a Fancy Word for Tattletale?
Imagine the following scenario: You’ve observed some cheating at work that really troubles you. It seems that your supervisor is cheating the government by lying about testing that your company hasn’t really done on its products, even though testing is required under your government contract. Should you report this? Who […]
August 21, 2018
False Claims Act Information
Can Whistleblowers Remain Anonymous?
The biggest concern most whistleblowers (aka “Relators”) raise is confidentiality. They want to the do the right thing, but they fear that doing the right thing could cost them their job or their career. These concerns are real. It is widely known that people or companies that defraud the government […]
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