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November 1, 2013 General

Berger Montague Announces Nationwide Series of Suits on Omnicare’s ‘Swapping’ Scheme–Pt 2

In yesterday’s post, we discussed the details of the case we are working on against Omnicare, Inc. and various other pharmacy service companies. We provided an in-depth look into Medicare Part A and D benefits and how Omnicare was profiting from kickbacks offered to nursing homes desperate to provide cost-effective […]
October 29, 2013 Canada News

Law Office of Andrew Morganti, JD, LL.M. announces the filing of a securities manipulation claim against Pretium Resources, Inc

Tuesday, October 29, 2013 The Law Office of Andrew Morganti, JD, LL.M., was retained by a Toronto-based Family Office to lodge an Ontario Securities Act s.138.3 claim against Pretium Resources Inc.  The investor is seeking class action status. The claims alleges that Pretium Resources Inc. and Snowden Mining Industry Consultants […]
October 28, 2013 General

Berger Montague Proudly Announces $120 Million Whistleblower Settlement Against Omnicare

At Berger and Montague, we pride ourselves on effective, thorough representation of individual whistleblowers eager to expose fraudulent misconduct against the government. As you may have gathered from previous posts, the U.S. government does not always intervene in every whistleblower case. However, we remain dedicated to our clients and continue […]
October 24, 2013 General

New Study Reveals False Claims Act Worth Every Penny

The Taxpayers Against Fraud Education Fund is a non-profit organization dedicated to increasing awareness of fraud committed against the government, such as healthcare, Medicaid and Medicare fraud. In its new study, it has concluded that for every $1 invested in fighting fraud, lawsuits arising under the FCA return nearly $20. […]
October 23, 2013 General

Retail Giant K-Mart to Pay Millions for Violations of False Claims Act

In a press release issued by the Federal Bureau of Investigation, it was announced that K-Mart has agreed to pay the United States and 32 participating states $2.55 million to settle allegations of false prescription claims. Under the False Claims Act, which has been ratified or closely mimicked by several […]
October 22, 2013 General

Pacemaker Manufacturer Settles False Claims Act Case for $30 Million

Any individual with original information about fraudulent Medicaid or Medicare claims may come forward as a whistleblower under the federal False Claims Act (“FCA”). Under the FCA, it is considered against the law for a doctor to offer or implant a medical device that is known to be faulty and […]
October 21, 2013 General

Understanding Whistleblower Lawsuits Under Current Commodities Trading Laws

The Dodd-Frank Act, enacted in 2010, is dedicated to avoiding the financial misconduct which gave rise to America’s financial crisis of 2008. Under this Act, there is a provision focused on whistleblowers with original knowledge of fraud in the commodities trading industry. What is commodities trading? Commodities trading is better […]
October 21, 2013 General

The Top 5 Cases Decided Under the False Claims Act

It is not uncommon for a whistleblower case to result in a settlement or order valued in the millions of dollars. In this article, we focus on cases with ten-figure settlements, including some approaching the billion-dollar mark.  Interestingly, the majority of companies that were affected by these expensive settlements arising […]
October 18, 2013 General

Case Against C.R. Bard Intensifies as Judge to Consider Whistleblower’s New Complaint

The False Claims Act bars, among other things, unlawful kickbacks to physicians pertaining to any patient interaction to be subsequently billed to Medicare or Medicaid. The FCA also prohibits drug manufacturers from marketing or selling products in ways other than those approved by the FDA. Any deviation from the approved […]
October 15, 2013 General

Are Contractors and Sub-Contractors Protected From Retaliation Under Sarbanes-Oxley?

The Sarbanes-Oxley Act is a federal statute enacted in 2002 in order to promote accountability for public companies. The statute contains a whistleblower protection clause stating that no officer, employee, contractor, sub-contractor or agent may be fired or otherwise face retaliation for reporting unlawful conduct. The legislative intent of the […]
October 14, 2013 General

Overview of Tax Fraud, How it is Prosecuted, and Whistleblower Benefits

Many of our reports center on fraudulent billing practices against Medicare and Medicaid. However, the IRS also maintains a whistleblower program designed to incentivize those with first-hand knowledge of tax fraud to come forward, report their information, and collect a sizable percentage of any money recovered. In the paragraphs that […]
October 11, 2013 General

U.S. Supreme Court to Consider Specificity Requirements Under False Claims Act

Earlier this week, the U.S. Supreme Court engaged the U.S. Solicitor General to provide additional information and background about the pleading requirements contained within the False Claims Act. The Court is particularly interested in the level of factual background necessary in a whistleblower’s initial Complaint in order for the case […]
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