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Pharmaceutical Sales Whistleblower Sheds Light on Off-Label Marketing Scheme

It is unlawful for a pharmaceutical company to market a drug for purposes beyond those that have been approved by the Food and Drug Administration. When a company decides to sell a new drug to American consumers, the FDA ensures the drug is rigorously tested to reveal any deadly or […]

Department of Justice Combats Growing Trend of Fraud in the Dialysis Industry

In yesterday’s post, we discussed the recent onslaught of fraud in the kidney dialysis industry. In a recent $389 million settlement involving dialysis clinic company DaVita Healthcare Partners, the federal government put a stop to a lucrative but illegal kickback scheme involving equity-for-referral agreements between the defendant and several kidney […]

Settlement With DaVita Healthcare Partners Shows Fraud Trend in Dialysis Industry

Over the next two posts, we will explore an increasing fraud trend affecting the dialysis industry. As more and more Americans become dialysis-dependent, the opportunity to take advantage of government programs like Medicare and Medicaid grows – thereby creating an epidemic of niche fraud resulting in hundreds of millions of […]

The IRC’s Whistleblower Provisions: How the Internal Revenue Service Catches Tax Fraud

The False Claims Act has been in existence since the Civil War era; however, it wasn’t until recently that other government agencies began to catch on to its effectiveness in catching and correcting fraud. In 2006, the Internal Revenue Service began implementing its own version of a whistleblower protection program […]

Government Settles With Kentucky-Based Addiction Center Under False Claims Act

One of the hallmark goals of the False Claims Act is to help eliminate fraud and wasteful healthcare spending, thereby reducing healthcare costs for all Americans. In a recent settlement under the False Claims Act, a Kentucky-area addiction center and two of its physicians were found to be engaging in […]

Pivotal Legal Issues Involved in Any False Claims Act Case

When a whistleblower plaintiff sets out to pursue her claim, she should begin by discussing the facts with a whistleblower attorney. If the claim seems likely to be meritorious, the attorney will file a complaint setting forth the facts and how the facts meet required legal thresholds. These thresholds are […]

Teva Pharmaceuticals Reveals Potential False Claims Act Liability in FY 2013 Report

Teva Pharmaceuticals, an Israeli-based drug maker, is at the mercy of the U.S. Department of Justice after allegations of False Claims Act violations surfaced late last year. The company is highly-respected for its Multiple Sclerosis and Parkinson’s Disease drugs, but has unfortunately been met with a subpoena for records pertaining […]

Securities and Exchange Commission Announces Plans to Enhance Whistleblower Program

Under the 2010 Dodd Frank Act, the Securities and Exchange Commission was tasked with organizing and implementing a whistleblower program similar to the False Claims Act – which has proven widely successful since its inception in the 1800’s. As a result, the SEC worked tirelessly to create its Office of […]

Andrew Morganti Lectures at the University of Michigan School of Law

Tuesday, February 18, 2014 Cy Moscow, partner of leading Detroit-based law firm Honigman Miller Schwartz & Cohn LLP, and adjunct professor at University of Michigan School of Law, has invited Andrew Morganti to lecture to third-year students in his advanced securities regulations course on the topic of shareholders’ rights litigation […]

False Claims Act Lawsuit Filed Alleging Faulty and Defective Guardrails

In a recent False Claims Act case out of Texas, industrial guardrail manufacturer Trinity Industries, Inc. is facing significant liability stemming from allegations it secretly altered its production and design of guardrails along national highways, resulting in catastrophic injuries and death for entangled motorists. More specifically, this case highlights an […]

Cell Phone Accessory Maker OtterBox Faces False Claims Act Liability

The False Claims Act covers a wide array of fraudulent activities. In a case against cell phone accessory maker OtterBox, the federal government alleged its parent company, Otter Products, LLC, shortchanged the government’s Internal Revenue Service with regard to taxes due on imports from China. Under the False Claims Act, […]

Whistleblower Helps Recover $2.1 Million on Behalf of Army Corps of Engineers

The history of the False Claims Act is steeped in combatting wartime fraud. While exploiting the U.S. government and its troops during times of war is hardly a new concept, its application has changed over time as technologies advance. In a recent case involving the Army Corps of Engineers, one […]