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Philips Recalled CPAP, Bi-Level PAP, and Mechanical...
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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 […]
June 26, 2014
SEC Fraud
SEC Settles Unprecedented Whistleblower Retaliation Lawsuit
Like several other federal agencies, the Securities and Exchange Commission has implemented a whistleblower program allowing those with first-hand knowledge of fraud to come forward, report what they know, and enjoy protection from employer retaliation. As we have reported in the past, employees choosing to report fraud to internal compliance […]
June 25, 2014
Healthcare Fraud
Justice Department Opts to Intervene in Whistleblower Lawsuit Against IPC the Hospitalist
The U.S. Department of Justice has opted to intervene in a whistleblower lawsuit against IPC the Hospitalist, Inc. – a nationwide group of physicians focused on the practice of the “delivery of hospital medicine and related facility-based services.” According to the allegations, IPC has engaged in the consistent practice of […]
June 24, 2014
Commodities Futures Trading Fraud
Commodity Futures Trading Commission and SEC Issue Whistleblower Rewards; Withhold Details
While healthcare fraud remains a top priority for the Department of Justice and other governmental agencies, several other areas of fraud are also on the rise – including misconduct against the Internal Revenue Service, Securities and Exchange Commission, and the Commodities Futures Trading Commission. All of these agencies recently implemented […]
June 23, 2014
Healthcare Fraud
Bon Secours Embroiled in Latest Rule 9(b) Discrepancy Within Federal Fourth Circuit
As we have reported in the past, the federal Courts of Appeal are engaged in a near-even split over the applicability of Federal Rule of Civil Procedure 9(b) to filings under the False Claims Act. Fed. R. Civ. P. Rule 9(b) reads as follows: In alleging fraud or mistake, a […]
June 20, 2014
Military Contractor Fraud
False Claims Act Defendant Blames Law Firm for Bad Advice Regarding Medical Supplies Contract with U.S. Army
The commission of fraud against the U.S. military is, quite literally, the oldest trick in the False Claims Act book. This sort of misconduct gave rise to the implementation of the False Claims Act during the Civil War and continues to present itself as an issue in need of elimination. […]
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