Washington, D.C. Office
Tim McCormack is a partner in Constantine Cannon’s Washington, DC office. He specializes in representing whistleblowers in “qui tam” lawsuits brought under the Federal and various state False Claims Acts and claims made under the Internal Revenue Service and Securities and Exchange Commission’s whistleblower programs.
Mr. McCormack is a recognized expert and frequent author and speaker on issues related to health care reimbursement and coding, provider contracting, commercial and government managed care programs (including Medicare Advantage risk adjustment fraud), the Stark and Anti-Kickback laws, and the use of data and analytics in the detection and remediation of fraud.
He joined Constantine Cannon in June 2015. Previously, he was a partner at Phillips & Cohen, LLP. His clients have successfully helped the United States and various states recover hundreds of millions of dollars, including cases where:
- A Medtronic subsidiary and more than 100 hospitals were allegedly engaged in a fraudulent scheme to bill Medicare for medically unnecessary inpatient procedures for a routine spine surgery. The whistleblowers’ efforts led to a nationwide enforcement initiative and recovered nearly $150 million for taxpayers.
- The United States recovered $69.3 million from The Louis Berger Group in a case involving complex cost reporting fraud related to construction projects funded by the United States Agency for International Development. This settlement was the largest recovery in a case involving war-zone contractors in Afghanistan and Iraq.
- Alpharma Inc. paid $42.5 million to settle allegations that it paid kickbacks to physicians to boost sales of its prescription painkiller, Kadian. The alleged kickbacks included payments for sham “consulting” arrangements, payments for attendance at meetings held at resorts with lavish entertainment and “educational grants,” which were just thinly disguised kickbacks.
- Two brothers helped the State of New York recover $20 million by unwinding a sophisticated scheme involving illegal retention of “off-invoice” rebates paid by vendors supplying food, milk and supplies to public schools and universities. The $20 million settlement was the largest non-Medicaid fraud settlement under the New York False Claims Act.
- Omnicare, the nation’s largest provider of pharmacy services for nursing homes, paid $19.8 million to settle allegations that it paid millions in kickbacks to two Atlanta-based nursing home chains in return for contracts to provide prescription drugs to their residents.
- The nursing home chains and their owners later paid the federal government and certain state Medicaid programs $14 million to settle allegations that they solicited and accepted the kickbacks from Omnicare.
- Omnicare paid an additional $17.2 million to settle allegations that it paid two Chicago-area nursing home owners millions in kickbacks in return for contracts to provide prescription drugs to residents of the nursing homes. The nursing home owners then paid the government $5 million to settle allegations that they took kickbacks from Omnicare.
- Six banks paid $161.7 million to settle allegations that they illegally charged veterans hidden fees on refinanced home loans backed by the Veterans Administration.
Mr. McCormack is also one of the lead attorneys representing a whistleblower in a prominent case against UnitedHealth Group alleging the Medicare Advantage Organization engaged in risk adjustment fraud under Medicare Parts C and D.
He graduated cum laude from Harvard College in 1992. After a brief stint in the Navy, he worked as a contract negotiator, data analyst and SAS programmer for a commercial health insurance company. He then developed reporting systems to manage clinical and financial initiatives as a managed care analyst for a large Physician-Hospital Organization.
He graduated from the University of Maine School of Law in 2001, where he was Editor-in-Chief of the Law Review. He clerked for the Honorable D. Brock Hornby, U.S. District Court for the District of Maine, and the Honorable Fred I. Parker of the U.S. Second Circuit Court of Appeals.
Mr. McCormack worked for U.S. Senator Susan M. Collins as her policy advisor for labor, agriculture, forestry and veterans’ issues. He then worked as a litigation associate in the Washington, DC office of Goodwin Procter LLP, where his practice focused on complex commercial litigation.
- District of Columbia
- U.S. District Court for Maine
- U.S. District Court for Massachusetts,
- U.S. District Court for the District of Columbia
- U.S. District Court for Western District of New York
- U.S. Tax Court
The London office of Constantine Cannon is a separate and independent limited liability partnership registered in England and Wales (with registered number OC376384) with a registered office at 1 Paternoster Square, London EC4M 7DX. Constantine Cannon LLP in London is authorised and regulated by the Solicitors Regulation Authority. The professional rules applicable to the firm are available at the SRA website at www.sra.org.uk/rules.