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FCA Federal

This archive displays posts tagged as relevant to the federal False Claims Act. You may also be interested in the following pages:

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April 24, 2019

Two executives of Arriva Medical, LLC, a mail-order diabetic testing supply company acquired by Alere, Inc. in 2011, will pay a total of $1 million to settle claims that they caused Arriva to submit false claims to Medicare by supplying patients with free or no cost home blood glucose meters, waiving patient copayments, and billing for medically unnecessary home blood glucose meters.  USAO MD TN

April 23, 2019

Oregon-based aluminum supplier Hydro Extrusion Portland, Inc., formerly known as Sapa Profiles Inc., together with its parent company, has agreed to pay $47 million to settle criminal mail fraud charges and civil claims alleging that between 1996 and 2015, the company altered the results of tensile tests measuring the consistency and reliability of extruded aluminum, and falsified certifications about products meeting testing requirements and contract specifications. Among the customers who received products that defendants knew did not meet contract specifications were NASA and the Dept. of Defense Missile Defense Agency.  The $47 million total settlement payment consists of forfeiture of $1.8 million, $34.1 million in criminal restitution to NASA, DOD, and commercial customers – $23.6 million of which is also credited to resolve civil claims under the False Claims Act – and an additional $11 million in payments to resolve civil FCA claims.  Defendant entered into a deferred prosecution agreement and has been  suspended as a U.S. government contractor.  DOJ; USAO EDVA

Catch of the Week — DOJ Settles False Claims Act Case Against Cybersecurity Company

Posted  04/18/19
Hand Above Passcode Locked Phone
Last week, the Department of Justice announced that Fortinet, Inc., a Silicon Valley-based cybersecurity company, has agreed to pay more than half a million dollars to resolve allegations that it lied about its compliance with the federal Trade Agreements Act (TAA). The allegations were brought to the government’s attention through a False Claims Act lawsuit filed by a whistleblower who worked in Fortinet’s...

April 12, 2019

California-based Sutter Health LLC and its affiliated medical foundations will pay $30 million to resolve allegations under the False Claims Act that they submitted unsupported diagnosis codes for certain patients, thereby inflating the the risk scores for those patients.  These inflated risk scores increased Medicare Advantage payments to Medicare Advantage Organizations with whom Sutter contracted.  Sutter's contracts with the MAOs gave Sutter a share of those improper increased payments.  DOJ; USAO ND Cal

April 4, 2019

Jazz Pharmaceuticals (Jazz), Lundbeck LLC (Lundbeck), and Alexion Pharmaceuticals Inc. (Alexion) will pay a total of $122.6 million to settle allegations they violated the False Claims Act by having improper kickback schemes and for illegally paying Medicare and Civilian Health and Medical Program (ChampVA) copays for their own products. Under the terms of the settlement, Jazz agreed to pay $57 million, Lundbeck agreed to pay $52.6 million, and Alexion will be paying $13 million. DOJ  

Hyundai Oilbank Co., S-Oil Corporation, et al — Government Contract Fraud/Bid-Rigging ($363 million)

A team of our whistleblower attorneys led the representation of an anonymous whistleblower who provided extensive assistance to the U.S. government in its criminal and civil cases against several Korean oil and transportation companies, for their roles in a conspiracy to artificially inflate prices on fuel contracts for U.S. military bases in South Korea. In November 2018, SK Energy Co. Ltd., GS Caltex Corporation, and Hanjin Transportation Co. Ltd. collectively agreed to pay $154 million, to resolve the False Claims Act allegations brought by Constantine Cannon’s client, and an additional $82 million in criminal fines for their involvement in the conspiracy the whistleblower exposed. And in March 2019, the Department of Justice announced that two additional companies, Hyundai Oilbank Co. Ltd and S-Oil Corporation, would pay $75 million in criminal fines and $52 million to resolve these same False Claims Act and antitrust violations. This brings the settlement totals to $363 million and is the largest False Claims Act antitrust recovery as well as the largest False Claims Act settlement involving bid-rigging to date. Read more here.

Question of the Week — Should the Supreme Court Clarify Escobar?

Posted  04/4/19
Meeting Room with Chairs
Earlier this week, the Supreme Court declined to hear appeals in two False Claims Act (FCA) cases: U.S. ex rel. Berg v. Honeywell Int’l and Stephens Inst. v. U.S. ex rel. Rose. Each case was dismissed by a lower court based on the FCA’s materiality standard, with heavy citations to the Supreme Court’s 2016 decision Universal Health Servs. v. U.S. ex rel. Escobar. Berg and Rose are the fourth and fifth...

April 4, 2019

Lee County Ambulance of Lexington, Kentucky, and its former director Joseph Broadwell, will pay $253,930 to settle a False Claims Act action alleging that defendants submitted fraudulent claims to Medicare for unnecessary non-emergency ambulance transports, including transportation of patients to and from dialysis treatment.  USAO ED KY

April 4, 2019

Oral and Maxillofacial Surgical Associates P.C. of New Haven, Connecticut, and its former owner Robert Sorrentino DDS, have agreed to pay $252,000 to settle claims that they submitted false claims to Medicaid by billing for services that were not provided, were not medically necessary, or were covered under other claims submitted for the same date of service.  The fraudulently-billed services included deep sedation or general anesthesia and removal of bone or tissue.  USAO CT

March 29, 2019

CareWell Urgent Care of Rhode Island, P.C., and Urgent Care Centers of New England Inc. have agreed to pay $2 million to settle a qui tam suit brought on by a former employee, Aileen Cartier. In violation of the False Claims Act, CareWell had falsely inflated the level of services provided and failed to identify service providers in claims submitted to Medicare, Massachusetts and Rhode Island Medicaid, and the Massachusetts Group Insurance Commission (GIC) between 2013 to 2018. For bringing on the suit, Cartier will receive a 17% relator's share. USAO MA
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