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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.

April 5, 2018

A judgement for roughly $30.6 million was entered against Texas-based BestCare Laboratory Services LLC and its founder Karim Maghareh for violating the False Claims Act by billing the government for thousands of miles that were not actually travelled. Dr. Richard Drummond discovered the fraud after hiring a former BestCare employee and learning of their billing practices. He then filed a whistleblower lawsuit under the qui tam provisions of the False Claims Act. He will receive a whistleblower reward from the proceeds of the judgment. DOJ (SDTX)

April 3, 2018

Norwegian NGO Norwegian People’s Aid, which receives funding from the US Agency for International Development, agreed to pay $2 million to settle claims it violated the False Claims Act by providing material support to Iran, Hamas, the Popular Front for the Liberation of Palestine (“PFLP”), and the Democratic Front for the Liberation of Palestine (“DFLP”), contrary to federal funding requirements. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. DOJ (SDNY)

March 29, 2018

Georgia Bone & Joint, Southern Bone & Joint (a/k/a Summit Orthopaedic Surgery Center), Southern Crescent Anesthesiology, PC, Sentry Anesthesia Management, LLC, and David LaGuardia agreed to pay $3.2 million to settle claims they violated the False Claims Act and Anti-Kickback Statute. Specifically, the government alleged that LaGuardia, Sentry, and Southern Crescent provided a free medical director to Summit Surgery Center to induce it to choose to perform more procedures at the surgery center rather than in the Georgia Bone office. The government further alleged that Georgia Bone and LaGuardia caused the submission of false claims to Medicare for prescription drugs purchased outside the United States and not approved by the FDA. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by Sharon Kopko, former Practice Administrator for Southern Bone. She will receive a yet-to-be determined award from the proceeds of the government’s recovery. DOJ (NDGA)

March 29, 2018

Texas-based SightLine Health LLC, which operates radiation therapy centers throughout the United States, agreed (together with its parent Oncology Network Holdings) to pay up to $11.5 million settle claims  it violated the False Claims Act and Anti‑Kickback Statute. According to the government, SightLine targeted physicians that were able to refer patients to its cancer treatment centers, and paid those physicians a share of its profits. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. The whistleblower will receive an award of up to $1.725 million from the proceeds of the government’s recovery. DOJ

March 28, 2018

CenterLight Healthcare, Inc. agreed to pay $10 million to settle claims of violating the False Claims Act for collecting monthly Medicaid payments for 186 adult home residents who frequently did not receive required services while enrolled in Centerlight’s managed long-term care plan. In connection with the filing of the lawsuit and settlement, the Government had previously joined and settled a private whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. In that case, Centerlight agreed to pay $46.7 million to settle claims of violating the False Claims Act by using social adult day care centers to enroll ineligible members in Centerlight’s managed long-term care plan. DOJ (SDNY)

March 23, 2018

Massachusetts-based medical device manufacturer Alere Inc. agreed to pay $33.2 million to resolve allegations that Alere violated the False Claims Act by causing hospitals to submit false claims to Medicare, Medicaid, and other federal healthcare programs by knowingly selling unreliable point-of-care diagnostic testing devices marketed under the trade name Triage. According to the government, Alere received customer complaints that put it on notice that certain devices it sold produced erroneous results that had the potential to create false positives and false negatives that adversely affected clinical decision-making. Nonetheless, the company failed to take appropriate corrective actions until FDA inspections prompted a nationwide product recall in 2012. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by Amanda Wu, who formerly worked for Alere as a senior quality control analyst. She will receive a whistleblower award of roughly $5.6 million from the proceeds of the government's recovery. DOJ

March 22, 2018

Four Maryland skilled nursing facilities and two consulting companies, Caring Heart Rehabilitation and Nursing Center, GNH, LLC, OPOP, LLC, Riverview SNF, LLC, Global Healthcare Services Group, LLC, and GHC Clinical Consultants, LLC, agreed to pay a total of $6 million to settle claims of violating the False Claims Act by billing Medicare for skilled therapy services that were either not delivered or not medically necessary. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. The whistleblower will receive an award of $990,000 from the proceeds of the government’s recovery. DOJ (MD)

March 15, 2018

Japanese-based Toyobo Co. Ltd. and its American subsidiary Toyobo U.S.A. Inc. agreed to pay $66 million to resolve claims they violated the False Claims Act for selling defective Zylon fiber used in bullet proof vests that the United States purchased for federal, state, local, and tribal law enforcement agencies. According to the government, Toyobo knew that Zylon degraded quickly in normal heat and humidity, and that this degradation rendered bullet proof vests containing Zylon unfit for use. But Toyobo nonetheless actively marketed Zylon fiber for bullet proof vests, published misleading degradation data that understated the degradation problem. The settlement is part of a larger investigation of the body armor industry’s use of Zylon in which the government previously recovered more than $66 million from 16 entities involved in the manufacture, distribution or sale of Zylon vests. The allegations surrounding this settlement originated under the whistleblower provisions of the False Claims Act by law enforcement officer Dr. Aaron Westrick, who is now a Criminal Justice professor at Lake Superior University. He will receive a whistleblower award of $5,775,000 from the proceeds of the government's recovery. DOJ

March 12, 2018

Virginia-based trucking company Beam Bros. Trucking Inc. and its principals Gerald and Garland Beam agreed to pay roughly $1 million to resolve allegations they violated the False Claims Act through the company's overcharging the U.S. Postal Service on contracts to transport mail. According to the government, Beam Bros. misused government Voyager Cards, provided by USPS to purchase fuel, to purchase fuel on contracts that did not allow for their use, resulting in inflated charges. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by former Beam Bros. employee Bobby Blizzard. He will receive a yet-to-be-determined whistleblower award from the proceeds of the government's recovery. DOJ

March 8, 2018

Kmart Corporation agreed to pay $525,000 to settle claims it violated the False Claims Act by submitting claims for reimbursement to California’s Medi‑Cal program that were not supported by applicable diagnosis and documentation requirements. The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by a Kmart pharmacist. The whistleblower will receive a whistleblower award of roughly $96,500 from the proceeds of the government’s recovery. DOJ (EDCA)
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