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Whistleblower Group

This archive page contains posts by the Whistleblower Practice Group.  For all Whistleblower pages, please see: 

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Lead-Tainted Applesauce Marketed for Children Bypasses Overstretched FDA Testing Protocols

Posted  03/1/24
Apple Sauce in Containers Next to Yellow Apple

The NY Times reports that hundreds of children were poisoned last year from cinnamon-flavored applesauce pouches that were traced to the Ecuadorian company Negasmart, which supplies to Austrofood and distributes the product under the name Wanabana.  The FDA, working with Ecuadorean investigators, traced the contamination of the Sri Lankan imported cinnamon to a spice grinder in Ecuador that likely intentionally...

Catch of the Week - Endo Health Solutions

Posted  03/1/24
spilt pills
This week's Department of Justice (DOJ) Catch of the Week goes to Endo Health Solutions.  Yesterday (February 29), the now-bankrupt pharmaceutical company agreed to pay up to $465 million over 10 years to settle criminal and civil charges relating to its sales and marketing of the opioid drug Opana.  Endo voluntarily withdrew the drug from the market in 2017. This bankruptcy-negotiated payout flows from a...

DOJ Releases False Claims Act Results for 2023

Posted  03/1/24
Department of Justice Seal Logo
The Department of Justice (DOJ) just released its False Claims Act results for 2023.  By all accounts, it was another big year for the government's primary fraud-fighting tool.  The top-line numbers are roughly $2.7 billion in total recoveries from 543 settlements and judgments, the highest number of settlements and judgments in a single year.  This brings the total tally of False Claims Act recoveries to more than...

March 1, 2024

Switzerland-based international commodities trading company Gunvor S.A. has pleaded guilty and agreed to pay over $661 million to resolve charges of violating the Foreign Corrupt Practices Act in connection with misconduct in Ecuador.  Over half of the proceeds will cover a criminal monetary penalty, while the remainder is a forfeiture of funds illegally gained through 8 years of bribes to Ecuadorean government officials to secure business with Petroecuador, the state-owned and controlled oil company.  Gunvor will also pay $98 million to Swiss authorities to resolve charges there.  DOJ

In Their Own Words . . . . Rep. Patrick McHenry (NC-10)

Posted  02/29/24
"Whistleblowers play a vital role in helping Congress conduct its constitutionally mandated oversight responsibilities, and their disclosures can make a real difference in determining investigation outcomes." From the House Financial Services Committee call-out to whistleblowers to help with its investigation into reports of widespread workplace misconduct at the Federal Deposit Insurance Corporation.

February 28, 2024

The owner and operator of a clinical laboratory in Georgia has pleaded guilty and agreed to pay $14.3 million to resolve charges of paying illegal kickbacks and causing false claims to be submitted to Georgia’s Medicaid program.  According to Capstone Diagnostics’ former laboratory manager, Andrew Maloney directed Capstone to pay volume-based commissions to independent sales representatives in exchange for them arranging medically unnecessary urine drug tests and respiratory pathogen panels to come their way.  The laboratory ultimately submitted over $1 million in tainted claims to Georgia Medicaid.  For bringing a successful case under the False Claims Act, whistleblower Jesse Allen will receive almost $3 million.  DOJ

DOJ Principal Deputy Assistant Attorney General Credits Whistleblowers, Identifies 2024 Priorities

Posted  02/27/24
Department of Justice Seal Logo
DOJ Principal Deputy Assistant Attorney General Brian Boynton recently spoke at the 2024 Federal Bar Association’s Qui Tam Conference.  Here are a few key takeaways from his remarks, which can be found here.
  1. Crediting Whistleblowers. Boynton lauded whistleblowers, calling them “a critical source of [DOJ’s] enforcement efforts,” and he thanked them and their counsel for their efforts, adding that the DOJ...

New York Doctor Indicted for $20.7 Million in Medicare Fraud and Kickback Scheme

Posted  02/23/24
doctor with dollars

On February 21, 2024, a federal grand jury in New Jersey indicted Dr. Alexander Baldonado, of Queens, New York, for his alleged involvement in a complex health care fraud and illegal kickback scheme. According to the DOJ press release, this scheme involved the submission of over $20.7 million in false and fraudulent claims to Medicare, primarily for medically unnecessary genetic cancer screening and Covid-19...

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