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September 2, 2014 General

New York Heart Center Settles False Claims Act Allegations for $1.33 Million

In a recent announcement from the Department of Justice of the Northern District of New York, the New York Heart Center has agreed to pay $1.33 million to avoid liability stemming from allegations of unlawful referrals. The settlement resolved a whistleblower lawsuit filed under the False Claims Act, which also […]
July 28, 2014 General

American International Biotechnology to Settle False Claims Act Allegations for Nearly $350,000

In an interesting False Claims Act case involving government contracts concerning biotechnology, Virginia-based American International Biotechnology reportedly defrauded the federal government by improperly billing for genetic testing. The case involves the widespread problem of fraud against Medicare and Medicaid, and reveals the true extent to which healthcare fraud is invading […]
July 25, 2014 General

Pharmaceutical Company Astellas Settles False Claims Act Allegations With States

In an all-too-familiar scenario, pharmaceutical company Astellas, Inc. has agreed to settle all allegations against it involving the anti-fungal medication Mycamine. Earlier this year, the U.S. Department of Justice announced that it had reached an agreement with the company wherein it would remit over $7 million to the government pursuant […]
July 7, 2014 General

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 […]
June 23, 2014 General

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 […]
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