Archive

DOJ Reasserts the Proper Role for Agency Guidance in Fraud Cases

Posted 09/3/21

The Justice Department has quietly rescinded a Trump administration policy that was needlessly undermining the role of government agency guidance. On July 1, 2021, Attorney General Merrick Garland issued a memorandum revoking what is known as the Brand Memo. In her memo, Former Associate Attorney General Rachel Brand had set out a position that defense attorneys scrambled to use to argue for leniency or...

Tagged in: Contract Non-Compliance, FCA Federal, Government Procurement Fraud, Healthcare Fraud, Medicaid, Medicare,

Catch of the Week: Florida Lab Owner Pleads Guilty to $73 Million Telemedicine Fraud Scheme

Posted 09/3/21

telemedicine doctor on computer with patient

Editor’s Note: For this week’s biggest story, the record $90 million settlement secured by a Constantine Cannon client against Sutter Health, read more here.

Healthcare fraudsters have a track record of exploiting health crises for personal gain. The COVID-19 pandemic created new telemedicine opportunities for patients to receive care without having to see doctors in person. As expected, fraudsters seized on...

Tagged in: Anti-Kickback and Stark, Catch of the Week, Contract Non-Compliance, FCA Federal, Government Programs Fraud, Healthcare Fraud, Improper Medical Facility, Lack of Medical Necessity, Provider Fraud,

Whistleblowers are Essential to Protect Infrastructure Funds

Posted 08/27/21

construction site with cranes on dirt path

America’s roads, bridges, power grids, and airports are a mess. Recently a group of civil and structural engineers graded the nation’s infrastructure a below-average C-. The Bipartisan Infrastructure Bill currently before Congress aims to solve some of those issues, with what the White House described as “a once-in-a-generation investment in our infrastructure.” The Bipartisan Infrastructure Bill promises...

Tagged in: FCA Federal, Government Procurement Fraud, Importance of Whistleblowers, Legislation and Regulation News,

Court says that fraudsters who violate rules they later claim are unclear may not violate the False Claims Act

Posted 08/19/21

Red and yellow pills scattered on hundred dollar bills

Last week, the Seventh Circuit Court of Appeals, the federal appellate court for Illinois, Indiana, and Wisconsin decided U.S. ex rel. Yarberry v. Supervalu, an important decision that may lead more unscrupulous government contractors to help themselves to public funds to which they are not entitled. Unless the Supreme Court or Congress steps in to correct the Seventh Circuit’s errors, the government may have...

Tagged in: Contract Non-Compliance, Court Decision, Drug and DME Pricing, FCA Federal, Government Procurement Fraud, Healthcare Fraud, Medicaid, Medicare, Pharma Fraud, Pricing Fraud, Whistleblower Case,

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...

Tagged in: CC Lawyers, FCA Federal, Government Procurement Fraud, Importance of Whistleblowers, SEC Whistleblower Reward Program,

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

Posted 07/2/21

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....

Tagged in: Correctional Services Fraud, FCA Federal, Government Procurement Fraud, Human Rights, Importance of Whistleblowers, Whistleblower Eligibility,

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

Posted 06/25/21

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...

Tagged in: Catch of the Week, FCA Federal, Government Procurement Fraud, Set-Asides and Preferences, Whistleblower Case,

Biden Administration Focuses on Cybersecurity in Government Contracting – What Can Whistleblowers Do?

Posted 06/21/21

Aisle of computer servers in room with blue light

Following a number of high-profile cybersecurity incidents, the Biden administration is taking steps to improve the nation’s cybersecurity infrastructure. The federal government is making cybersecurity an enforcement priority, devoting additional resources to enforcement and upgrades, and strengthening technology standards. Many of these planned improvements focus on the federal government’s own information...

Tagged in: Cybersecurity and Data Breaches, FCA Federal, Government Procurement Fraud, Legislation and Regulation News,

Catch of the Week: Rental Car Add-ons

Posted 06/11/21

If you travel often, you probably hate the rote sales pitch of a la carte add-ons at the car rental counter. Perhaps you check in online not just to save time but to avoid the whole spiel. Wouldn’t you like the peace of mind of adding on the collision damage waiver? The loss damage waiver? Supplemental liability coverage, also known as additional liability insurance? Personal accident insurance? ...

Tagged in: Catch of the Week, FCA Federal, Government Procurement Fraud,

Catch of the Week: Virginia OB/GYN Sentenced to 59 Years in Prison for Performing Medically Unnecessary Procedures for More Than Ten Years

Posted 05/21/21

Healthcare fraudsters are typically motivated by greed. But in satisfying that greed, some fraudsters perform reprehensible acts that permanently affect the victims of the fraud, making even the penalty they receive pale in comparison. This week we focus on the conviction of Javaid Perwaiz, an OB/GYN in Hampton Roads, Virginia, who was sentenced to 59 years in prison for performing medically unnecessary surgeries...

Tagged in: Catch of the Week, Criminal Proceedings, Falsifying Invoices, Healthcare Fraud, Improper Medical Facility, Lack of Medical Necessity, Medicaid, Medical Billing Fraud,

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DOJ Reasserts the Proper Role for Agency Guidance in Fraud Cases

Catch of the Week: Florida Lab Owner Pleads Guilty to $73 Million Telemedicine Fraud Scheme

Editor’s Note: For this week’s biggest story, the record $90 million settlement secured by a Constantine Cannon client against Sutter Health, read more here.

Whistleblowers are Essential to Protect Infrastructure Funds

Court says that fraudsters who violate rules they later claim are unclear may not violate the False Claims Act

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

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

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

Biden Administration Focuses on Cybersecurity in Government Contracting – What Can Whistleblowers Do?

Catch of the Week: Rental Car Add-ons

Catch of the Week: Virginia OB/GYN Sentenced to 59 Years in Prison for Performing Medically Unnecessary Procedures for More Than Ten Years

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