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July 26, 2018
False Claims Act Information
Philadelphia False Claims Ordinance
Although – or perhaps because – Pennsylvania does not have a state False Claims Act, both the City of Philadelphia and Allegheny County (encompassing Pittsburgh) have municipal ordinances that address false claims. False Claims Ordinance, Phila. Mun. Code §§ 19-3601, et seq.; Allegheny CountyCode of Ordinances § 485-1, et seq. This post will […]
July 24, 2018
News
Long-Running Drywall Price-Fixing Lawsuit Settles for More Than $190 Million
Berger Montague is pleased to announce that on July 17, 2018, Judge Michael M. Baylson of the U.S. District Court for the Eastern District of Pennsylvania issued an order approving the last of the settlements in the long-running case In re Domestic Drywall Antitrust Litigation. This latest settlement brings the total amount of settlements for the class to over $190 million.
July 24, 2018
False Claims Act Information
What is a False Claim?
Liability under the federal False Claims Act occurs where someone (a person or a corporate entity): (1) knowingly presents (or causes to be presented) a false or fraudulent claim to the Federal Government for payment; (2) knowingly makes, uses, or causes to be made or used, a false record or statement material […]
July 23, 2018
False Claims Act Information
What are Reverse False Claims?
The False Claims Act (“FCA”) is typically thought of as concerning fraudulent attempts to obtain money from the Government. This article explores a lesser known area of FCA liability known as a “reverse false claim,” which involves avoiding the payment of money that is owed to the Government. The History […]
July 20, 2018
False Claims Act Information
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 […]
July 17, 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, […]
July 16, 2018
Healthcare Fraud
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. […]
July 13, 2018
False Claims Act Information
Washington State Medicaid Fraud False Claims Act
In 2012, the State of Washington passed the Washington State Medicaid Fraud False Claims Act (“Washington Medicaid FCA”), its own version of the federal False Claims Act (“FCA”). The Washington Medicaid FCA allows private individuals who know about Medicaid fraud to bring a qui tam case against a person or […]
July 12, 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 […]
July 11, 2018
False Claims Act Information
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 […]
July 10, 2018
News
28 Berger Montague Attorneys Named 2018 Super Lawyers and Rising Stars
Each year, Super Lawyers selects attorneys using peer nominations and evaluations that are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.
July 9, 2018
SEC Fraud
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 […]
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