Second Relator to File Wins First-to-File Fight in First Circuit
Posted 05/16/19
After Millennium Health agreed in 2015 to pay $227 million plus interest to settle claims that it submitted false claims bills for excessive urine testing, $34 million – 15% of the total – was set aside to resolve the competing claims of more than seven different relators who had filed qui tam cases against Millennium that were dismissed as part of the settlement. Since that time, several of the relators have...
Whistleblowers Win One in Supreme Court with Clarification on Statute of Limitations for False Claims Act Actions
Posted 05/15/19
In a unanimous opinion written by Justice Clarence Thomas, the Supreme Court affirmed that the False Claims Act’s statute of limitations applies in the same manner to all whistleblower-initiated actions, regardless of whether the United States has intervened in the action or not. The decision resolves a three-way split among the federal circuit courts.
In the underlying litigation, U.S. ex rel. Hunt v. Cochise...
Fraud in GSA Contracts: How to Report it Under the False Claims Act for a Whistleblower Reward
Posted 05/13/19
Federal government offices purchase all the products and services any office does:
Office supplies,
Telecommunications equipment and services,
Computer hardware and software,
Consulting services,
Vehicles,
Travel services,
and so on.
The General Services Administration is the centralized procurement arm for the federal government, overseeing tens of billions of dollars in procurement...
Catch of the Week — Florida Hospital Chain CEO Settles False Billing Allegations
Posted 05/3/19
This week’s Catch of the Week highlights former hospital executive Gary D. Newsome’s settlement resolving false billing and kickback allegations. From 2008 to 2013, Newsome served as CEO of Naples, Florida-based hospital chain Health Management Associates, LLC (HMA). He will pay $3.46 million to resolve federal prosecutors’ claims that HMA, under his leadership, pressured doctors in the emergency department to...
Catch of the Week — Rocket and Missile Parts Manufacturer Hydro Extrusion Portland
Posted 04/26/19
Our Catch of the Week goes to Hydro Extrusion Portland, Inc., formerly Sapa Profiles Inc., an aluminum extrusion manufacturer that made parts used by NASA and the Missile Defense Agency (MDA) in rockets and missiles. The DOJ agreed to resolve criminal and civil claims relating to the manufacturer’s 19-year fraud scheme for $46 million in forfeitures, criminal fines, and amounts to settle civil False Claims Act...
Catch of the Week — DOJ Settles False Claims Act Case Against Cybersecurity Company
Posted 04/18/19
Last week, the Department of Justice announced that Fortinet, Inc., a Silicon Valley-based cybersecurity company, has agreed to pay more than half a million dollars to resolve allegations that it lied about its compliance with the federal Trade Agreements Act (TAA). The allegations were brought to the government’s attention through a False Claims Act lawsuit filed by a whistleblower who worked in Fortinet’s...
Duke Pays Big to Settle Whistleblower Charges of Scientific Research Fraud
Posted 03/28/19
On Monday, Duke University agreed to pay $112.5 million to settle charges in violating the False Claims Act by submitting falsified research on federal grants from the National Institutes of Health and Environmental Protection Agency. It is one of the largest settlements by a university for research fraud, and one the government hopes will send a strong message to the academic community. See DOJ Press...
Baltimore-Area Hospital Chain Pays $35M to Settle Kickback Claims
Posted 03/28/19
MedStar Health, a health system in Maryland and Washington, DC, and two of its hospitals have settled allegations that they violated the False Claims Act by violating the Anti-Kickback Statute. The settlement is not a determination of liability. It settles specific allegations that MedStar paid kickbacks to MidAtlantic Cardiovascular Associates, a cardiology group based in Maryland, in exchange for...
Constantine Cannon Attorneys Gordon Schnell and Leah Judge Published in McKnight’s Senior Living on the DOJ's Recent Elder Fraud Sweep
Posted 03/27/19
Constantine Cannon attorneys Gordon Schnell and Leah Judge published an article in McKnight’s Senior Living discussing the Department of Justice’s recentelder fraud sweep. The sweep involved more than 260 million defendants nationwide who were accused of running scams to fleece the elderly out of nearly $750 million. The article explains that the sweep is part of a broader agenda to enforce laws that protect...