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July 14, 2014
False Claims Act Legal News
What Are the Milestones Leading Up to a Whistleblower Reward?
If you are considering a lawsuit under the False Claims Act, you may be curious as to how these lawsuits typically progress. Whistleblower lawsuits are a unique subset of civil litigation and follow a unique path to resolution. For this reason, it is vital to work with an attorney possessing […]
July 11, 2014
Mortgage Fraud
US Bank to Pay $200 Million to Settle False Claims Act Allegations
Late last month, banking services company US Bank agreed to repay the government a staggering $200 million amid allegations it misrepresented residential home loans as suitable for insurance when, in fact, the borrowers either did not meet standard underwriting requirements or were not checked for creditworthiness at all. The settlement […]
July 10, 2014
Mortgage Fraud
British-Based HSBC Bank to Settle Allegations of Unlawful Foreclosure Practices
It is not uncommon for lenders to outsource their foreclosure work to law firms and outside attorneys, particularly over the past several years when foreclosures hit an all-time high. However, lenders working with loans backed by the Federal Housing Administration (FHA) are required to submit accurate and detailed paperwork with […]
July 9, 2014
False Claims Act Legal News
California Appellate Court Takes Dim View of Whistleblower Threats
The False Claims Act is a means for helping the government combat fraud. Although violations of the False Claims Act can result in millions – sometimes billions – of dollars in liability for the offending company, a California appellate court held that an employee cannot use the False Claims Act […]
July 8, 2014
Healthcare Fraud
New York Attorney General Files ‘Reverse’ False Claims Act Case Against Two Prominent NY Hospitals
We cover quite a few stories about healthcare fraud cases litigated under the False Claims Act. Most of the time, these cases involve illegal upcoding or billing for services never rendered – two practices which net the government billions of dollars in recoveries and penalties. A concept known as “reverse” […]
July 7, 2014
False Claims Act Legal News
Recent Tenth Circuit Decision May Impact Commission-Based Sales Earnings
It is common industry practice within the medical sales field for independent contractors and salespeople to earn a base salary and a percentage of all sales finalized – known as commission-based pay. However, one recent decision out of the U.S. Court of Appeals for the Tenth Circuit may work to […]
July 4, 2014
Healthcare Fraud
Unique Whistleblower Lawsuit Points Finger at Insurance Company Aveta, Inc.
In today’s whistleblower case, we examine a story involving health insurance company Aveta, Inc. and its ongoing defense of a whistleblower lawsuit brought by former employee Josh Valdez. According to the complaint, Aveta and its affiliated Puerto Rican Medicare Advantage health care plans bilked the U.S. government out of nearly […]
July 3, 2014
False Claims Act Legal News
Third Circuit Addresses Ongoing Pleadings Issue – Adopts Less Stringent Standard
When it comes to filing a complaint under the False Claims Act, there exists a split in the law over the level of specificity required in the factual allegations. The issue, which is considered ripe for Supreme Court review, has sharply divided the federal Circuit Courts and has resulted in […]
July 2, 2014
False Claims Act Legal News
District Court Examines ‘Strong Public Policy’ Against Counterclaims in False Claims Act Cases
The False Claims Act was originally designed to protect the government and, ultimately, U.S. taxpayers from the abuses perpetrated by unprincipled and fraudulent government contractors. The statute provides a unique remedy for the individual, known as the relator, willing to come forward with the details of fraud and provides up […]
July 1, 2014
False Claims Act Legal News
Ex-Cyclist Lance Armstrong Dealt Another Blow in U.S. Postal Services’ Whistleblower Lawsuit
In yet another defeat for former cycling hero Lance Armstrong, the U.S. Postal Service was given the green light to continue its False Claims Act case by U.S. District Judge Robert L. Wilkins, of the U.S. Court of Appeals for the District of Columbia Circuit. The whistleblower lawsuit, which seeks to […]
June 30, 2014
Military Contractor Fraud
Solicitor General Urges Courts to Put Military-Related False Claims Act Cases on Hold Under Wartime Suspension of Limitations Act
The False Claims Act got its start addressing fraud and misconduct pursuant to contracts with the U.S. military during the Civil War. The Act works to deter and punish government contractors who take advantage of the Department of Defense under contracts for the provision of materials, logistics, support, and many […]
June 27, 2014
False Claims Act Legal News
What is ‘Fraud?’: Whistleblower Case Examines Distinction Between Intent and Mistake
Litigation under the federal False Claims Act has steadily increased in recent years, prompting litigants to regularly impose upon appellate courts various questions of law and legislative interpretation. As we reported last week, the U.S. Circuit Courts are evenly split over how specific a Relator must plead claims under the […]
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