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October 13, 2015
False Claims Act Legal News
Berger Montague Help Whistleblower Avoid Wrongful Dismissal Over Amended Complaint
In yesterday’s post, we discussed various issues that can arise at the pleadings stage of a False Claims Act lawsuit. To correct any perceived deficiencies, relators may ask to submit an amended complaint to include additional information, add or delete certain defendants, or fix errors concerning formatting or filing requirements.
October 12, 2015
False Claims Act Information
Pleadings and Amendments: Where Whistleblower Cases Hit Bumps in the Procedural Process
The procedural process involved in a whistleblower lawsuit can be confounding at best, fatal at worst. Fortunately, with the help of a knowledgeable and experienced False Claims Act attorney, cases like the recent D’Agostino v. ev3 Inc. need not crash to a halt over a procedural obstacle. Berger Montague is […]
October 9, 2015
Contractor Fraud
Fraud Under a Government Contract: 4 Red Flags
Government contract work can be lucrative, long-term, and plentiful – particularly in industries like defense and scientific research. With hundreds of billions of dollars in contracts awarded annually, there stands a heightened risk for fraud and misuse of funds awarded under these agreements. If you work in a government-funded private […]
October 8, 2015
Contractor Fraud
SteriCycle Agrees to Settle False Claims Act Allegations for $26 Million
A company known as SteriCycle, which specializes in compliant disposal of biological waste, has agreed to settle a qui tam lawsuit launched by a former employee in 2009.[1. Koenigsberg, David & Menz, John. “Stericycle to Pay $26.75 Million to Settle False Claims Act Case.” PRNewsWire.com, October 9, 2015. http://www.prnewswire.com/news-releases/stericycle-to-pay-2675-million-to-settle-false-claims-act-case-300157412.html] The case, […]
October 7, 2015
False Claims Act Legal News
Fourth Circuit Set to Consider Controversial ‘Statistical Sampling’ Issue in Pivotal FCA Case
In a case of first impression, the False Claims Act-heavy Fourth Circuit has agreed to review an interlocutory appeal over whether the use of statistical sampling is sufficient to establish liability under the Act, or whether plaintiff-relators must actually submit evidence to support each and every allegation. The case, known […]
October 6, 2015
Military Contractor Fraud
Military Contractor PoleZero Settles False Claims Act Allegations for $2.8 Million
Aside from healthcare fraud, defense contractor fraud remains the most costly form of financial abuse faced by the U.S. government. The False Claims Act, which was originally enacted to defend against wartime fraud and false claims, allows relators to recover up to 30 percent of any settlement or verdict recovered […]
October 5, 2015
Tax Fraud
Anonymous IRS Whistleblower to Receive $11.6 Million in Tax Fraud Case
In yesterday’s post, we went over the basics of filing a whistleblower claim with the Internal Revenue Service. While the IRS’ whistleblower program has not historically seen the same volume of cases as the False Claims Act, recent years have seen an increase in claims filed to the IRS. In […]
October 2, 2015
IRS Whistleblower
Combating Tax Fraud: The IRS Whistleblower Program
Much like the whistleblower procedure under the False Claims Act, the Internal Revenue Service maintains a whistleblower program whereby relators can relay information concerning possible tax fraud in exchange for the opportunity to receive a percentage of the ultimate recovery. While it is utilized less than the False Claims Act— […]
October 1, 2015
Healthcare Fraud
Optometry and Cardiology Fraud: Recently Unsealed Whistleblower Cases
In yesterday’s post, we examined some of the trends in recently unsealed qui tam lawsuits as surveyed by the National Law Review.[1. “September Health Care Qui Tam Update,” The National Law Review, September 21, 2015, http://www.natlawreview.com/article/september-health-care-qui-tam-update] Of the 39 unsealed cases that were surveyed, many involve allegations of wasteful, and even […]
September 30, 2015
Healthcare Fraud
Healthcare Fraud Unsealed: Recently-Unsealed Whistleblower Lawsuits Show Variety of Fraudulent Medical Claims
Under the terms of the False Claims Act, an original whistleblower complaint must be filed confidentially under seal within a federal district court. From there, the Department of Justice receives notice of the lawsuit and is afforded an opportunity to investigate the allegations on its own. In about 20 percent […]
September 29, 2015
Healthcare Fraud
Adventist Health System Pays Massive $118 Million False Claims Act Settlement
In yet another case of illegal kickbacks and unlawful referrals, Florida-based Adventist Health System has agreed to pay $118 million to the federal government pursuant to several successful whistleblower actions filed by former employees of the corporation. Adventist is a non-for-profit healthcare corporation that manages facilities in ten states. According […]
September 28, 2015
Customs Fraud
Aluminum Importer Agrees to Settle False Claims Act Allegations Over Import Duties
In a recent settlement under the False Claims Act, two individuals have agreed to pay $435,000 to resolve allegations they “skirted” their obligation to pay duties on aluminum extrusions imported from Chinese aluminum manufacturer Tai Shan Golden Gain Aluminum Products. The defendants, who hail from New Jersey and Texas, will […]
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