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April 18, 2018 SEC Fraud

False Claims Act’s “Alternate Remedy Provision” & The SEC Whistleblower Statute’s “Related Action” Provision

What is the False Claims Act Alternative Remedy Provision? When a relator brings a false claims action in the name of the Government under the False Claims Act (“FCA”), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding, to determine a civil money […]
April 18, 2018 False Claims Act Information

Indiana False Claims and Whistleblower Protection Act

In 2005, the State of Indiana passed the Indiana False Claims and Whistleblower Protection Act (“Indiana FCA”), its own version of the federal False Claims Act (“FCA”). The Indiana FCA allows private individuals who know about fraud to bring a qui tam case against a person or entity for submitting or causing […]
April 18, 2018 False Claims Act Information

The False Claims Act Public Disclosure Bar and the Meaning of “News Media”

What is Meant by “News Media” Under the False Claims Act? Under the False Claims Act, 31 U.S.C. 3730(e)(4)(A)(iii), “the court shall dismiss an action or claim . . . unless opposed by the government, if substantially the same allegation or transaction as alleged in the action or claims were […]
April 18, 2018 Healthcare Fraud

Anti-Kickback Medicare Part B Fraud Under the Federal False Claims Act

Waiving co-payments and deductibles required under Medicare Part B is a basis for a whistleblower to bring a claim under the federal False Claims Act. About the Medicare Part B Program Title XVIII of the Social Security Act prescribes coverage requirements under Part B of the Medicare program. Medicare Part […]
April 18, 2018 False Claims Act Information

Can a Qui Tam Relator Share in Non-Monetary Proceeds of a False Claims Act Settlement?

The False Claims Act Provides Awards to Successful Whistleblowers The False Claims Act provides for an award to a qui tam plaintiff in the event the government settles a qui tam suit. If the Government settles a qui tam action brought by a whistleblower notifying the government of fraud, the whistleblower (often called a […]
April 18, 2018 False Claims Act Information

Should I Be a Whistleblower and Report Government Fraud?

Why be a Whistleblower? Regardless of your political persuasion, your view about big or small government, or even your position on various government programs, everyone would agree that we need to catch and reduce the amount of fraud committed on the government.  Private citizens — whether as consumers, employees, patients […]
April 18, 2018 False Claims Act Legal News

GlaxoSmithKline False Claims Act Suit to Settle for $3 Billion

Pharmaceutical company GlaxoSmithKline has agreed to pay $3 billion in fines to settle criminal and civil violations. The qui tam portion of the civil lawsuit arose under the False Claims Act and is said to be worth over $1 billion. At issue in the civil suit were claims relating to the company’s medications, including […]
February 27, 2018 News

Harold Berger Named to the Academic Life Committee of the School of Engineering and Applied Science of the University of Pennsylvania

Harold Berger was named to the Academic Life Committee of the School of Engineering and Applied Science of the University of Pennsylvania.
February 6, 2018 News

Berger Montague Attorneys Jon Lambiras and Lane Vines Present Securities Fraud Class Action CLE to Association of Certified Fraud Examiners

On February 6, 2018, Berger Montague attorneys Jon Lambiras and Lane Vines presented a 2-hour CLE to the Philadelphia chapter of the Association of Certified Fraud Examiners. It was attended by approximately 60 attorneys, CPAs, and fraud investigators.
January 3, 2018 News

Berger Montague Names Sherrie R. Savett the Firm’s First Chairwoman, Promotes Two Attorneys to Shareholder

Berger Montague has selected Sherrie R. Savett to serve as Chairwoman of the firm in 2018. Ms. Savett is the first woman to hold the chair position in Berger Montague’s 48-year history. The firm also promoted two attorneys, Ellen T. Noteware and Caitlin G. Coslett, to shareholder status.
January 3, 2018 News

$125 Million Settlement Reached in Drywall Price-Fixing Lawsuit

Berger Montague is pleased to announce that on December 29, 2017, affiliates of American Gypsum Co., National Gypsum Co., and PABCO Building Products LLC agreed to pay a class of drywall direct purchasers $125 million to settle price-fixing allegations. This latest settlement brings the total amount of settlements for the class to $190.7 million.
December 13, 2017 Healthcare Fraud

Whistleblowing in Nursing

Nurses have long been a crucial part of the healthcare system, and they can be just as crucial when it comes to reporting fraud within that system. As insiders and observers of many healthcare procedures and billing practices, nurses have much-needed visibility into wrongdoing being committed by hospitals, physician-practice groups, […]
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