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Whistleblower Successes

Whistleblower reward laws and whistleblower reward programs enable qualifying whistleblowers to recover anywhere from 10 to 30 percent of the government’s recovery. These whistleblower reward laws include: the federal False Claims Act; State False Claims Acts; the Securities and Exchange Commission Whistleblower Program; the Commodity Futures Trading Commission Whistleblower Program; and, the Internal Revenue Service Whistleblower Program. We have collected summaries of recent successes in cases brought by whistleblowers, and you can read them below. You can also review our annual Top Ten Lists.

Members of the Constantine Cannon Whistleblower Lawyer Team have served as lead counsel on cases that have recovered roughly $1.3 billion for the government and hundreds of millions in whistleblower awards. You can read more about the results we have achieved for our clients in Our Successes.

If you believe you have information about fraud which could give rise to a claim for a whistleblower reward, please contact us to speak with one of our experienced whistleblower attorneys.

May 25, 2018

Florida pain management clinic Riverside Spine & Pain Physicians agreed to pay $1.2 million to settle allegations under the False Claims Act that it billed federal health care programs for medically unnecessary tests and indiscriminately ordered quantitative urine drug tests; whistleblower and former employee Dr. Carissa Stone will receive approximately $240,000 for her role in shining a light on the fraud. USAO MDFL

May 18, 2018

Three Florida hospice providers-Health and Palliative Services of the Treasure Coast, Inc., The Hospice of Martin and St. Lucie, Inc., and Hospice of the Treasure Coast, Inc.-will pay $2.5 million to resolve False Claims Act allegations that between 2005 and 2011, they billed Medicare for hospice services provided to patients who were not eligible for all or part of their hospice care under Medicare requirements. Two whistleblowers who initiated the suit, John Simons, M.D. and Lewis Cook, M.D, will receive more than $467,000 from the recovery for their role in bringing the fraud to light. USAO SDFL

April 12, 2018

The SEC announced a whistleblower award of more than $2.1 million to a former company insider whose information led to multiple successful enforcement actions. The whistleblower’s information strongly supported the findings in the underlying actions and the whistleblower provided ongoing assistance to the staff during the investigation. “The SEC has issued nearly $90 million in whistleblower awards in the past month alone,” said Jane Norberg, Chief of the SEC’s Office of the Whistleblower. “As these awards demonstrate, we continue to receive high-quality information from whistleblowers, which we use to detect and prosecute securities violations and safeguard investors.” Since issuing its first award in 2012, the SEC has awarded more than $266 million to 55 individuals under the whistleblower program. In that time, almost $1.5 billion in monetary sanctions have been ordered against wrongdoers based on actionable information received from whistleblowers, including more than $740 million in disgorgement of ill-gotten gains and interest, the majority of which has been or is scheduled to be returned to harmed investors. SEC

April 5, 2018

The SEC announced a whistleblower award of more than $2.2 million to a former company insider whose tips helped the agency open an investigation that led to an enforcement action. The whistleblower first reported the information to another federal agency and later provided the same information to the SEC. This is the first award paid under the “safe harbor” of Exchange Act Rule 21F-4(b)(7), which provides that if a whistleblower submits information to another federal agency and submits the same information to the SEC within 120 days, then the SEC will treat the information as though it had been submitted to the SEC at the same time that it was submitted to the other agency. SEC

March 19, 2018

The SEC announced its highest-ever Dodd-Frank whistleblower awards, with two whistleblowers sharing a nearly $50 million award and a third whistleblower receiving more than $33 million. The previous high was a $30 million award in 2014. “These awards demonstrate that whistleblowers can provide the SEC with incredibly significant information that enables us to pursue and remedy serious violations that might otherwise go unnoticed,” said Jane Norberg, Chief of the SEC’s Office of the Whistleblower. “We hope that these awards encourage others with specific, high-quality information regarding securities laws violations to step forward and report it to the SEC.” The SEC has awarded more than $262 million to 53 whistleblowers since issuing its first award in 2012. All payments are made out of an investor protection fund established by Congress that is financed entirely through monetary sanctions paid to the SEC by securities law violators. No money has been taken or withheld from harmed investors to pay whistleblower awards. SEC

May 2, 2018

New Jersey construction company Ranco Construction agreed to pay $1.5 million to resolve allegations it violated the False Claims Act by contracting for public construction jobs despite paying its workers a lower hourly wage than required under state and federal law. Specifically, the government claimed that Ranco routinely entered into construction contracts with various state and federal entities and falsely certified to the government that its employees were paid hourly wage rates set under federal and New Jersey prevailing wage laws. The allegations originated in a whistleblower lawsuit filed former Ranco employee Robert Kleinow under the qui tam provisions of the False Claims Act. He will receive of a whistleblower award of more than $150,000 from the proceeds of the government’s recovery. DOJ (NJ)

April 25, 2018

Long Island-based pediatrics practice Freed, Kleinberg, Nussbaum, Festa & Kronberg M.D., LLP (dba Pediatrics and Adolescent Medicine), along with some of the practice’s current and former physicians, agreed to pay $750,000 to resolve allegations they violated the False Claims Act by billing Medicaid for services provided by physicians who were not enrolled in the program. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. DOJ (EDNY)

April 19, 2018

Former professional cyclist Lance Armstrong agreed to pay $5 million to settle claims he violated the False Claims Act through his admitted use of performance-enhancing drugs and methods resulting in the submission of millions of dollars in false claims for sponsorship payments to the U.S. Postal Service. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by former teammate Floyd Landis.  Landis will receive a whistleblower award of $1.1 million from the proceeds of the government’s recovery. DOJ

April 12, 2018

Arizona-based Banner Health agreed to pay over $18 million to settle claims that 12 of its hospitals in Arizona and Colorado submitted false claims to Medicare by admitting patients who could have been treated on a less costly outpatient basis. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by former Banner employee Cecilia Guardiola. She will receive a whistleblower award of roughly $3.3 million from the proceeds of the government’s recovery. DOJ

April 12, 2018

Florida-based respiratory equipment supplier Rotech Healthcare Inc. agreed to pay $9.68 million to settle claims of violating the False Claims Act by submitting claims for portable oxygen contents to Medicare for beneficiaries who did not use or require them. The Company further admitted to billing Medicare regardless of whether such contents were delivered. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by former Rotech employee Janet Hale. She will receive a whistleblower award of $1,645,600 from the proceeds of the government’s recovery. DOJ
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