SKIP TO
CONTENT
Philips Recalled CPAP, Bi-Level PAP, and Mechanical...
featured news
April 18, 2018
Healthcare Fraud
Sleep Labs and False Claims Act Violations
The American Academy of Sleep Medicine (“AASM”) recognizes a number of different sleep disorders which, taken together, affect millions of Americans. Some of the most common disorders are insomnia, narcolepsy/excessive daytime sleepiness, restless leg syndrome, REM behavior disorders, and obstructive sleep apnea (“OSA”). In particular, OSA is when a patient’s […]
April 18, 2018
False Claims Act Information
Does the Government Have to Agree to the Settlement of a Non-Intervened False Claims Act Case?
The False Claims Act provides that an action “may be dismissed only if the court and the Attorney General [of the United States] give written consent to the dismissal.” 31 U.S.C. 3730(b)(1). In a recent case, the court considered the impact of this provision in connection with its decision that a […]
April 18, 2018
False Claims Act Information
How Should False Claims Act Damages be Calculated?
Submitting a False Claim & Calculating Government Damages A party who has been found to have submitted a false claim, or who has caused the submission of a false claim to the United States under the False Claims Act is liable for civil penalties of no more than $11,000 and no less […]
April 18, 2018
False Claims Act Information
False Claims Act
What is the False Claims Act? The Federal False Claims Act (“FCA”) is the primary weapon in combating fraud against the United States federal government. The FCA covers fraudulent claims made against any federal agency, program, contract, or grant. Many states have similar laws to protect themselves against the fraud. […]
April 18, 2018
False Claims Act Information
Texas False Claims Act
In 1995, the State of Texas passed its own version of the federal False Claims Act (“FCA”), the Texas Medicaid Fraud Prevention Act (“TMFPA”). The TMFPA is specifically geared toward combatting fraud against the Texas Medicaid Program. The Texas Medicaid Program provides healthcare and prescription drug coverage to low-income individuals. […]
April 18, 2018
SEC Fraud
SEC Whistleblower Law and the Securities Whistleblower Act
The SEC Whistleblower Statute and Statute of Limitations In July 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama. Section 922 of the Act states that the SEC will be required to pay a reward to individuals who provide original information to the SEC resulting in monetary […]
April 18, 2018
False Claims Act Information
Qui Tam Relators Must Be Represented By Counsel
In three 2019 decisions, federal district courts have reiterated the established rule that whistleblowers cannot prosecute a False Claims Act (“FCA”) suit unless they are represented by counsel. Tavares v. Rhode Island Super. Ct., 2019 WL 2269225, at *2 (D.R.I. May 28, 2019); McGhee v. Light, 2019 WL 2122893, at *2 […]
April 18, 2018
False Claims Act Information
“Original Source” Under the False Claims Act
One of the critical elements for a whistleblower in successfully bringing a qui tam lawsuit under the False Claims Act is being able to prove that the whistleblower is an “original source.” In general, courts have no jurisdiction over qui tam actions based upon the public disclosure of allegations or transactions, such […]
April 18, 2018
Healthcare Fraud
Off-Label Marketing as Misbranding in Federal False Claims Act Settlements
In recent years, the Department of Justice and qui tam plaintiffs have pursued a rash of claims involving misbranding of prescription drugs based on off-label marketing (where the drug manufacturer promotes a drug for uses not approved by the FDA or makes claims about the safety or efficacy of the drug that […]
April 18, 2018
False Claims Act Information
Immunity and Protection for Qui Tam Whistleblowers
Many qui tam whistleblowers participated, to one degree or another, in the very fraud that they later report to the government. Usually this is because they either didn’t know the law, or they needed to keep their job and felt they would be fired if they did not “go along.” […]
April 18, 2018
False Claims Act Information
New York False Claims Act
Reporting Fraud Under the New York False Claims Act The New York False Claims Act (“New York FCA”) was originally enacted on April 7, 2007 and was modeled after the Federal False Claims Act (“Federal FCA”). At the time of passage, the provisions were nearly identical to the then-1986 version of the […]
April 18, 2018
False Claims Act Information
Qui Tam Lawsuits
What is a Qui Tam Action? Whistleblower/qui tam cases are a type of lawsuit whistleblowers bring under the False Claims Act (“FCA”). They are a powerful way for qui tam whistleblowers to help the government stop many types of fraud and recover money that has been stolen from the U.S. Treasury and taxpayers. The FCA rewards whistleblowers whose […]
schedule a free consultation
"*" indicates required fields
By clicking SUBMIT you agree to our Terms of Use and Privacy Policy and you are providing express consent to receive communications from Berger Montague via calls, emails, and/or text messages.
$50B+
in Settlements & Verdicts
50+
Years of Experience With High-Profile Cases
100+
Attorneys Protecting Your Rights
20+
Years Ranked as Top Law Firm by Chambers USA
50
States in Which The Firm Has Successfully Litigated
On the Cutting Edge of the Profession
Legal Intelligencer
53
Years
