2019 was another strong year for whistleblowers, who once again collectively recovered billions of dollars for the government and hundreds of millions of dollars in whistleblower rewards through their filing of lawsuits under the qui tam provisions of the False Claims Act. Whistleblowers this past year also continued to secure financial rewards under the Dodd-Frank SEC Whistleblower and CFTC Whistleblower programs,...
Government Audit of Chronic Care Management Services Raises Serious Questions About Proposed Anti-Kickback Statute Safe Harbors
Posted 11/22/19
The U.S. Department of Health and Human Services is engaged in what it calls a “Regulatory Sprint to Coordinated Care,” in order to, in the words of HHS Deputy Secretary Eric Hargan, “update, reform, and cut back our regulations to allow innovation toward a more affordable, higher quality, value-based healthcare system.” On October 9, 2019, as part of this effort to “cut back” on regulations to advance...
Catch of the Week: B&H Photo Video Sued by NY State for Tax Fraud
Posted 11/15/19
This week’s Catch of the Week brings us back to the Big Apple, where New York Attorney General Letitia James joined a whistleblower lawsuit yesterday accusing the nation’s largest non-chain photo and video equipment retailer, B&H Photo Video, of tax fraud.
The suit claims that long-time camera and electronics retailer B&H, which had more than $3 billion in revenue last year, knowingly failed to pay over $7...
New York Poised to Become One of Most Whistleblower-Friendly Places
Posted 10/17/19
As anonymous whistleblowers make national headlines daily, so do the attacks on their integrity and calls to reveal their identity. In order to combat the chilling effect on the courageous individuals who report fraud or misconduct, New Yorkers—both at the state and city level—are doubling down on whistleblower protections and encouraging observers of corruption to come forward.
Lat week, New York Attorney...
Florida Pharma Whistleblower Case Results in FCA Settlement by Private Equity Firm
Posted 09/27/19
Last week, the government announced that compounding pharmacy Diabetic Care Rx LLC, known as Patient Care America (“PCA”), its executives, and the private equity firm managing the pharmacy Riordan, Lewis & Haden Inc., had agreed to pay over $21 million to settle allegations they violated the False Claims Act (“FCA”) by executing a kickback scheme to generate referrals of TRICARE patients. The allegations...
Continued Consolidation in Jail Healthcare Puts Everyone at Risk
Posted 09/19/19
Jails around the country are responsible for providing for the health and safety of approximately 612,000 people. Many of these individuals suffer from debilitating conditions, including mental health crises, drug withdrawal, disabilities, and chronic health conditions. As such, the consistent provision of health care is a critical part of the daily work of any jail.
An increasing number of jails are deciding...
Two recent decisions, one in California and the other in Texas, might be signaling a new frontier in False Claims Act (FCA) litigation: the data-driven whistleblower. Both cases are brought by the same whistleblower, Integra. Integra is not a typical whistleblower, which are generally corporate insiders or other employees of a company that is accused of defrauding the government. Instead, Integra is a corporation that...
Catch of the Week — American Airlines Required to Pay Over $22 Million for Falsely Reporting Delivery Times
Posted 08/23/19
Ever wondered why a package you were desperately waiting for showed up late? Ever wished you could hold those responsible accountable for it?
If so, the U.S. government agrees with you. Its recent settlement against American Airlines required the airline to pay over $22 million for allegedly falsely reporting its delivery times. The resolution shows that timeliness matters and is yet another reminder that...
Facebook, Google, Samsung, Microsoft – we rely on large tech companies to safeguard our privacy and time and again they let us down. Yet tech companies are known to be highly selective employers, hiring the best and brightest and often paying better than companies in other industries. So how is it that they remain vulnerable to data breaches with such talent at their disposal?
Cisco whistleblower James Glenn has...