Expanded Connecticut State False Claims Act is Win for Whistleblowers
Posted 07/7/23
Whistleblowers take note: the Connecticut State False Claims Act (CT FCA) has been significantly expanded beyond healthcare fraud claims. Historically, the CT FCA was limited to fraud on Medicaid and other programs within health and human services. The amended statute now reaches fraud across a variety of sectors, such as government contracting, education, employment, immigration, housing, mortgage and insurance...
After 12 Years of Litigation, Constantine Cannon Settles the Largest Iraq War Fraud Case Ever
Posted 07/6/23
In the largest settlement of a case alleging fraud during the Iraq War, KBR Services has agreed to pay $108.75 million to resolve a whistleblower case brought by two Constantine Cannon clients under the qui tam provisions of the False Claims Act. The settlement followed 12 years of litigation, during which KBR and its lawyers fought every step of the way.
While the size and scope alone make the settlement...
Catch of the Week: National Health Care Fraud Sweep
Posted 06/30/23
This week's Department of Justice (DOJ) Catch of the Week goes to the 78 individuals criminally charged with participating in health care fraud and opioid abuse schemes across the country. On Wednesday, DOJ announced the "strategically coordinated, two-week nationwide law enforcement action" it brought with federal and state law enforcement partners, which targeted misconduct resulting in over $2.5 billion in...
CFTC Whistleblower Alert: Whistleblowers Wanted Relating to Misconduct in Carbon Markets
Posted 06/22/23
On Tuesday, the Commodity Futures Trading Commission (CFTC) issued a Whistleblower Alert calling for help in identifying fraud or manipulation in the carbon markets. The CFTC is the principal federal watchdog for fraud involving the commodities markets. Under the CFTC Whistleblower Program, those who voluntarily provide information that leads to a successful CFTC enforcement action are entitled to an award of up...
Supreme Court Clarifies Government's Right to Dismiss False Claims Act Cases Brought by Whistleblowers
Posted 06/20/23
The Supreme Court last Friday (June 16) in United States ex rel. Polansky v. Executive Health Resources, Inc. clarified the scope of the Government's authority to dismiss False Claims Act cases brought by whistleblowers. In an 8 to 1 decision (with Justice Thomas dissenting), the Court held the Government may move to dismiss both during the seal period when it is investigating the case and after the seal when a...
This week's Department of Justice (DOJ) Catch of the Week goes to Florida-based compounding pharmacies Smart Pharmacy, Inc. and SP2, and their owner Gregory Balotin. Yesterday, they agreed to pay at least $7.4 million to settle charges they violated the False Claims Act by adding an antipsychotic drug to topical pain creams solely to boost Medicare reimbursement. Not because of any medical purpose the drug...
It's Medicare Fraud Prevention Week - What Can You Do?
Posted 06/9/23
This week is Medicare Fraud Prevention Week. You probably did not even know it because of the relative lack of attention this important week has received. All the more surprising because Medicare fraud and abuse costs the government an estimated $60 billion per year. But according to Senior Medicare Patrol (SMP), the government-sponsored public education organization, there is a lot we can do to attack this...
Supreme Court Unanimously Rejects After the Fact Excuses
Posted 06/2/23
In a major victory for honest citizens, on June 1, 2023, the Supreme Court unanimously reversed the Seventh Circuit’s decision in United States ex rel. Schutte v. SuperValu Inc. Constantine Cannon whistleblower attorneys Eric Havian, Michael Ronickher, Ari Yampolsky, and Noah Brecker-Redd had filed an amicus brief on behalf of Senator Charles Grassley, the champion of the FCA, urging the Court to reverse this...
This week's Department of Justice (DOJ) "Catch of the Week" goes to Detroit Medical Center, Vanguard Health Systems, and Tenet Healthcare. On Wednesday, they agreed to pay roughly $30 million to settle government and whistleblower charges of violating the False Claims Act by providing kickbacks to certain referring physicians. It is just the latest in a string of False Claims Act settlements concerning kickbacks...
It is the largest award ever made to a whistleblower on record under any of the ever-expanding list of whistleblower rewards programs. $279 million by the Securities and Exchange Commission (SEC) "to a whistleblower whose information and assistance led to the successful enforcement of SEC and related actions." That is pretty much all the SEC disclosed in announcing the award because of the agency's strong...