Working for Justice

Tag: False Claims Act

What Happens When a Company Continues to Violate the Same Laws Even After it is Caught?

Posted November 14th, 2017 by in Whistleblower Law.

When a company is investigated and prosecuted for fraud, the Government typically requires the company to enter into a Corporate Integrity Agreement. This Agreement obligates the company to take steps to ensure that it complies with the law in the future and regularly reports the status of its compliance to the Government. If the company […]

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Can I Bring Qui Tam Claims in Court Even Though my Employment Contract Contained a Binding Arbitration Clause? The Ninth Circuit Says “Yes.”

Posted November 7th, 2017 by in Whistleblower Law.

When a private party brings an action under the False Claims Act, he or she sues not “only for himself but the king” in what is known as a qui tam law suit. The private plaintiff is called the relator. United States ex rel. Eisenstein v. City of New York, 556 U.S. 928, 932 (2009). […]

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The Importance of Whistleblowing in a Post-9/11 America

Posted September 12th, 2017 by in Whistleblower Law.

For the past 16 years, America has paused each September to reflect on the tragic morning of September 11, 2001. And while we remember the lives lost and are forced to face our worst fears and vulnerabilities, we are also reminded of the many heroes – those who prevented a more horrific attack that day, […]

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How Healthcare Companies Use Kickbacks to Influence Medical Decisions

Posted August 29th, 2017 by in Whistleblower Law.

We all have a general idea of what a kickback, or a bribe, looks like. We may imagine a bag of cash discretely changing hands. Or a corrupt politician freezing money in boxes of frozen pie crusts. But kickbacks may not always appear so seedy. Many healthcare and pharmaceutical companies have been found liable for […]

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Can Companies Transfer Assets to New Corporations to Avoid Civil Penalties Assessed Under the False Claims Act?

Posted August 28th, 2017 by in Whistleblower Law.

The Fourth Circuit’s decision in United States ex rel. Bunk v. Government Logistics N.V., 642 F.3d 261 (4th Cir. 2016) addressed whether a successor in interest remains liable for its predecessor’s False Claims Act liability. In other words, if a company is liable for penalties under the FCA, can it avoid liability by transferring assets […]

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Healthcare Workers Are Needed As False Claims Act Whistleblowers to Expose Healthcare Fraud

Posted July 31st, 2017 by in Whistleblower Law.

President Trump made the “repeal and replacement” of the Affordable Care Act a centerpiece of his Presidential Campaign and Presidency. Thus, as Congress has attempted to “repeal and replace” “Obamacare,” the costs associated with health care have become a major focus of national attention.  Such costs, and which party will bear them, are crucial issues […]

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Medicare Advantage Organizations Under Fire for Fraudulent Conduct

Posted May 18th, 2017 by in Whistleblower Law.

Medicare Advantage, or Medicare Part C, is a government-funded healthcare program that contracts with private health insurers in order to provide Medicare benefits to Americans over the age of 65. The program covers about 18 million seniors. The private insurance companies, or Medicare Advantage Organizations, submit bids to CMS offering to insure members at a […]

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GSA Pricing Fraud Basics: What is it and what should you look for?

Posted May 5th, 2017 by in Whistleblower Law.

If you have ever purchased a car, you already know the many headaches associated with price negotiation. You may purchase the car of your dreams only to find out two days later that a friend bought exactly the same car from the same dealer for thousands less. After a bit of internet research, you may […]

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Can A Fired Employee be a Whistleblower in a False Claims Act Case?

Posted April 28th, 2017 by in Whistleblower Law.

The answer to the question is YES.  A fired employee may be a whistleblower and file a Federal and/or State False Claims Act case. By doing so, the employee would play a key role in assisting the government in uncovering fraud and prosecuting companies who commit fraud. The employee may also be able to receive […]

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Should Blowing the Whistle on Tax Fraud Be Treated Differently?

Posted April 14th, 2017 by in Whistleblower Law.

Tax Day 2017 is fast-approaching, and of course, we are once again reminded that nothing in life is certain, except death and taxes . . . and tax fraud.  The tax fraud problem is so pervasive that the Internal Revenue Service (IRS) publishes an annual “dirty dozen” list of the most pervasive tax scams.  This […]

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