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United States Reaches a “Tipping Point” in Managed Care Enforcement: DOJ Intervenes in Constantine Cannon’s Lawsuit Against Kaiser Permanente

Posted  07/30/21
Kaiser Permanente Building with Logo
In a sign that the government’s enforcement efforts against fraud in the Medicare managed care system have reached a tipping point, the U.S. Department of Justice announced today that it is joining a portion of a whistleblower lawsuit brought by a Constantine Cannon client under the False Claims Act against Kaiser Permanente and affiliated entities, one of the nation’s largest managed-care organizations. ...

Catch of the Week: EEG Testing Company and Private-Investment Company to Pay $15.3M for Kickback and False-Billing Allegations

Posted  07/23/21
man holding money in hand and another hand with one finger over mouth
Whistleblowers came forward with six False Claims Act actions against a national EEG testing company and an investment company for allegedly paying kickbacks and falsely billing government healthcare programs.  Texas-based provider Alliance Family of Companies (now Stratus) and private investor Ancor Holdings together will pay $15.3 million to resolve the cases. For their actions in coming forward, two...

DOJ Fights a Catch-22 in False Claims Act Cases

Posted  07/23/21
DOJ website magnified logo
Cases under the False Claims Act live or die on their evidence, and it’s no surprise that defendants wage long wars to resist efforts by the plaintiff (whether a whistleblower or the government) to prove their case.  Heeding the old saw about the best defense, defendants also generally go on the offensive.  They happily foot staggering legal bills to try to wear out a typically less-well-funded plaintiff with...

Catch of the Week: Florida Department of Children and Families Pays $17.5 Million to Resolve Alleged SNAP Fraud

Posted  07/16/21
united states currency rolls
The Florida Department of Children and Families (FDCF) has agreed to pay $17,500,000 to resolve allegations that it violated the False Claims Act in its administration of the Supplemental Nutrition Assistance Program (SNAP).

The Program

The SNAP program provides eligible low-income individuals and families with financial assistance to buy nutritious food. Since 2010, SNAP has served on average more than 45 million...

Fifth Circuit Affirms Government Dismissal Of Cases Brought By Corporate Whistleblower

Posted  07/16/21
gavel on bench
Last week, a three-judge panel of the Court of the Appeals for the Fifth Circuit sided with the government in its bid to dismiss a whistleblower case brought by a limited liability company against pharmaceutical giants Eli Lilly and Bayer.  The case offers another example of the government flexing its dismissal power in the wake of the Granston Memo, a 2018 Department of Justice directive to winnow False Claims Act...

In Defense of Whistleblowers: Poppy Alexander Appears on Law & Disorder Podcast

Posted  07/13/21
Constantine Cannon whistleblower attorney Poppy Alexander was interviewed as a featured guest on the Law & Disorder podcast.  In an interview with Heidi Boghosian, Poppy discussed the False Claims Act, including its rewards and protections for whistleblowers.  The FCA allows private persons, known as relators, to bring what are called qui tam lawsuits on the government’s behalf, and claim a share of any recovery...

FDA’s Approval of Alzheimer’s Drug Highlights Need for Whistleblowers

Posted  07/9/21
stamping saying fda approved
The Food and Drug Administration (FDA) is supposed to protect American consumers from unscrupulous private actors—charlatans, snake-oil salesmen, and the like—seeking to profit by selling unproven medical “cures,” treatments, and devices to the public.  Emerging during the era of the robber barons as part of Theodore Roosevelt’s efforts to “civilize capitalism,” the FDA has prevented untold harm to...

Catch of the Week: Medical Device Companies to Pay $38.75M Over Defective Coagulation Monitor Allegations Linked to Patient Deaths, Injuries

Posted  07/9/21
tubes of blood
Medical device manufacturers Alere Inc. and Alere San Diego Inc. will pay nearly $40 million to resolve allegations that they knowingly sold defective blood coagulation monitors used by Medicare beneficiaries and falsely billed Medicare for the devices. The monitors are supposed to ensure that patients taking anticoagulant drugs receive a safe dosage to avoid life-threatening consequences from too much or too little...

Can the False Claims Act Protect Immigration Detainees from Forced Labor?

Posted  07/2/21
person holding onto prison bars
By William Greenlaw A recent human rights case raises a novel question of False Claims Act applicability: when private immigration detention facilities defraud the government by forcing individuals into labor. The federal government has a vast regulatory and statutory scheme meant to stop federal contractors from using trafficked labor. But forced labor in detention facilities has historically been overlooked....

Catch of the Week: a Medley of Contracting Fraud in Telecom

Posted  06/25/21
business person stamping a paper
This week’s Catch of the Week goes to Level 3 Communications, which agreed to pay $12.7M to resolve claims that the company paid kickbacks paid to former Level 3 officials in return for favorable treatment to subcontractors in connection with government contracts, improperly obtained competitive bid information of competitors, and misstated compliance with woman-owned small business subcontracting requirements to...
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