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Top Ten Whistleblower Awards of 2018

Posted  01/25/19
Book text showing definition of Whistleblower
2018 was another banner year for whistleblowers. As the DOJ recently reported in its annual summary of False Claims Act recoveries, $2.1 billion of the $2.8 billion in settlements and judgments reported last year arose from lawsuits filed under the qui tam provisions of the False Claims Act. During the same period, the government paid out $301 million in whistleblower awards to the individuals who exposed the fraud by...

Catch of the Week — Bottini Fuel Busted for Illegal “Family and Friends” Scheme

Posted  11/30/18
Bottini Fuel, a fuel and heating company based in New York, has agreed to a $3.3M settlement to resolve allegations that it defrauded customers by keeping rather than returning overpayments. For over a decade, the company used the ill-gotten gains to pay the fuel expenses of company employees, family members, and friends. The whistleblower who brought the fraud to light in a case filed under the New York State False...

Havian opens trial in damages phase of FCA case against top PVC water-pipe maker, J-M Eagle

Posted  10/11/18
Constantine Cannon partner Eric Havian launched the damages-phase of a trial against J-M Eagle with opening statements on October 10, 2018. As reported by Daniel Siegal in Law360, a Los Angeles federal jury will hear evidence in a long-running case by public entities in several states who bought large transmission water-pipe from the nation’s number one PVC pipe company. A November 2013 jury unanimously found in...

AstraZeneca Settles Seroquel False Claims Action -- Again

Posted  08/9/18
AstraZeneca
On August 8, 2018, AstraZeneca agreed to pay $110 million to the state of Texas to settle allegations that it promoted two of its drugs without FDA approval resulting in health risks to children, adolescents, and other state hospital patients. This case was brought by two whistleblowers under the qui tam provisions of Texas’s Medicaid Fraud Prevention Act. The whistleblowers, two former AstraZeneca employees, among...

Massachusetts High Court Bars Companies as Whistleblowers Under State False Claims Act

Posted  08/9/18
In a decision handed down Tuesday, the Massachusetts Supreme Judicial Court ruled that only individuals, not companies, have standing to bring a whistleblower action under the State's False Claims Act. The decision in Phone Recovery Services, LLC. v. Verizon of New England, Inc. is groundbreaking in its limitation of who qualifies as a whistleblower. At the same time, it likely is quite limited in its reach as it is...

Congratulations to Puerto Rico for Adopting a False Claims Act

Posted  07/27/18
On July 23, 2018, Puerto Rico Governor Ricardo Rosselló, signed into law anti-fraud legislation that includes provisions modeled after the federal False Claims Act. The Puerto Rico law, called the Fraudulent Claims to Programs, Contracts, and Services of the Government of Puerto Rico Act, has features critical to effective false claims acts:
  1. The Puerto Rico law permits whistleblowers to file qui tam lawsuits on...

New York Urgent Care Clinic Pays Over $6.6M to Settle FCA Suit

Posted  05/7/18
By the C|C Whistleblower Lawyer Team CityMD, a company that manages over 80 urgent care clinics in and around New York City, has settled allegations that it billed Medicare for more expensive services than were actually performed, and that it billed Medicare under the names of doctors who did not actually perform the services. Under the terms of the settlement, CityMD also accepted responsibility for its...

Whistleblowers Sue NYC Employees’ Insurer Over Alleged Gross Mismanagement

Posted  03/22/18
By the C|C Whistleblower Lawyer Team Three whistleblowers, representing New York under the state’s False Claims Act, have filed suit against GHI, its parent company, EmblemHealth, and their partner, Empire Blue Cross Blue Shield. The suit alleges that the insurers engaged in a scheme to provide sub-standard healthcare to city employees and retirees while collecting billions in premiums. These insurers’ plan...

New York Announces Guilty Plea of Restaurateur for Failing to Pay Sales Tax

Posted  02/6/18
By the C|C Whistleblower Lawyer Team New York Attorney General Eric Schneiderman announced the guilty plea of Christopher Klee and his business, CKP Holdings, for failing to file numerous sales tax returns and remit over $175,000 in sales tax that was collected at two Sonora’s Mexican Restaurant locations. Klee will be required to pay over $350,000 to the Department of Taxation and Finance for unpaid sales tax,...

BP Pays $102 Million Settlement for Overcharging California

Posted  01/12/18
By the C|C Whistleblower Lawyer Team BP Energy Co. is paying California $102 million to settle claims that it overcharged the state for natural gas between 2003 and 2012.  The company regularly violated contracts to provide gas for numerous state agencies and other governments by exceeding the agreed-upon price cap, then concealed the overcharges by providing false and misleading information, state Attorney General...
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