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As AseraCare Trial Begins, Judge Narrows What Government Can Present to the Jury

Posted  08/5/15
by Mary Inman and Ari Yampolsky Yesterday's AseraCare trial began like all others with the empaneling and swearing in of the jury.  However, unlike juries in other False Claims Act trials, this jury will only be provided with a narrow slice of the evidence.  Judge Bowdre has divided the trial into phases and, in an unusual move, has severely restricted what the Phase One jury will consider. Although there are...

Whistleblower News From The Inside -- August 5, 2015

Posted  08/5/15
By the C|C Whistleblower Lawyer Team SEC set to adopt CEO pay ratio rule – The SEC is expected to adopt a final version of a proposed rule under Dodd-Frank that will require companies to provide investors with a ratio showing how the median pay of their workforce squares with their chief executive officers' compensation.  Reuters Allied Dental pays whistleblower $420,000 -- A New Jersey dental practice has...

August 5, 2015

The District Court for the Southern District of New York ordered Wayne P. Weddington III and his companies Brunswick Capital LLC and Brunswick Capital Partners LP to pay over $1 million in penalties and restitution for defrauding customers.  CFTC

August 4, 2015

Pediatric Services of America, Inc., reached a $2.7 million federal-state settlement resolving allegations that the company inappropriately failed to return overpayments received from state Medicaid programs as well as other federally insured health programs. PSA is also alleged to have overcharged for home nursing services by improperly rounding-up claims to the nearest whole hour. Connecticut Department of Social Service Commissioner Roderick L. Bremby said, “This settlement exemplifies the outstanding work across the state and federal governments to obtain compensation for the taxpayer-funded Medicaid program when medical providers cross the line.” CT

In Their Own Words — Devine

Posted  08/4/15

-- “This would be the strongest law in the U.S. Code requiring accountability for bureaucratic bullies who retaliate.  It puts whistleblowers on an unprecedented pedestal.”

Tom Devine, legal director for whistleblower advocacy group Government Accountability Project, on the proposed VA Accountability Act which would limit appeal rights for VA employees facing termination or demotion but would greatly expand the...

Whistleblower News From The Inside — August 4, 2015

Posted  08/4/15
By the C|C Whistleblower Lawyer Team Idaho anti-whistleblower Ag-Gag law declared unconstitutional -- According to the Court, “[p]rohibiting undercover investigators or whistleblowers from recording an agricultural facility’s operations inevitably suppresses a key type of speech because it limits the information that might later be published or broadcast.”  NYT Pediatric Services of America to pay $6.88M...

August 4, 2015

The operators of a bogus credit repair scheme that allegedly tricked Spanish-speaking consumers into paying thousands of dollars each to supposedly improve their credit will be banned from offering credit repair services and subject to a monetary judgment under settlements with the FTC. According to a federal court complaint filed by the Commission in March 2015, the defendants did business using the name FTC Credit Solutions, misleading consumers not only about the nature of the alleged credit repair services they offered, but also claiming an affiliation with the Commission that did not exist. FTC

Whistleblower News From The Inside — August 3, 2015

Posted  08/3/15
By the C|C Whistleblower Lawyer Team Tom Hayes Convicted of Libor Rigging  -- In a major victory for the U.K.'s Serious Frauds Office, a London  jury convicted Tom Hayes, a former trader at UBS AG and Citigroup Inc., with fraudulently trying to rig the London interbank offered rate, or Libor, the first criminal conviction of an individual for manipulating the widely used benchmark.  Mr. Hayes, a 35-year-old...

August 3, 2015

19 states and the federal government have joined in a settlement valued at over $2.7 million with Georgia-based company Pediatric Services of America, Inc. (“PSA”). The case began as a whistleblower action, filed in the Southern District of Georgia under the federal False Claims Act and various state false claims statutes, and was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Attorney’s Office for the Southern District of Georgia, the U.S. Department of Health and Human Services, and the Office of the Inspector General. In addition, a National Association of Medicaid Fraud Control Units (NAMFCU) Team participated in the investigation and conducted the settlement negotiations with PSA on behalf of the states and included representatives from the Offices of the Attorneys General for the states of Massachusetts, Georgia, Virginia, Texas, Illinois, and Washington. MA

August 3, 2015

The CFTC has charged Husam Tayeh of Oak Lawn, Illinois, as well as Nevada corporations Dinar Corp., Inc. and My Monex, Inc., with operating a fraudulent scheme involving foreign currency (forex) and failing to register with the CFTC.  CFTC
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