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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:

Page 89 of 182

January 30, 2019

Inform Diagnostics, formerly known as Miraca Life Sciences Inc., will pay $63.5 million to resolve allegations that it violated the False Claims Act, Anti-Kickback Statute and Stark Law.  The pathology laboratory company provided referring physicians with subsidies for electronic health records systems, as well as free or discounted technology consulting services, which were alleged to constitute improper financial relationships not subject to any safe harbor.  Three separate whistleblowers had filed qui tam lawsuits against the laboratory; they will receive a share of the settlement that is yet to be determined.  DOJ; USAO MDTN

January 29, 2019

E.M. Photonics, Inc. (“EMP”) and its Chief Executive Officer, Eric Kelmelis, will pay $2.75 million to resolve allegations that they violated the False Claims Act by seeking disbursements from federal agencies for falsified labor costs and duplicative work in order to maximize charges to contracts awarded by federal agencies. From January 2009 to April 2014, EMP received funds under seven different contracts and grants awarded through the federal Small Business Innovation (“SBIR”) and Small Business Technology Transfer (“STTR”) programs. EMP and Kelmelis directed EMP employees, or caused others to direct EMP employees, to complete false timesheets and submit false invoices and public vouchers for direct labor that did not occur. EMP and Kelmelis also sought and received SBIR/STTR funding for work already performed and funded by another government agency and falsely certified that such work was, in fact, non-duplicative. The government alleged that both of these schemes were designed to maximize charges to each contract or grant. DOJ

January 29, 2019

Tennessee-based home dialysis provider WellBound of Memphis agreed to pay $3,246,000 to the State of Tennessee and the United States for allegedly submitting false claims to Medicare, TRICARE, and Tenncare from 2016 to 2018. According to a qui tam complaint filed by whistleblower Dr. Darryl Quarles, the claims resulted from illegal inducements for patient referrals, which violated the anti-kickback statute (AKS) and are not payable under state or federal laws. USAO WDTN

January 28, 2019

A producer of fish oil and fishmeal products, Omega Protein Corp., has agreed to pay $1 million to resolve allegations that when the company applied for a $10 million federal loan, it falsely certified that it was complying with federal environmental laws when, in fact, it was knowingly violating the Clean Water Act by discharging oil into U.S. waters. In 2013, the company pleaded guilty to criminal violations of the CWA.   The civil settlement arises from a False Claim Act case filed by a former employee of Omega, Keland O. Harrison, who will receive $200,000 of the settlement proceeds.  DOJ

New Yorker Article on Whistleblowers Features Constantine Cannon

Posted  01/28/19
Silver whistle hanging on cord in front of chalkboard
In an article titled “The Personal Toll of Whistle-Blowing” published in the February 4, 2019, New Yorker magazine, Sheelah Kolhatkar describes the cases of two Constantine Cannon whistleblower clients, and features whistleblower attorney Mary Inman.  Focusing on False Claims Act cases involving fraud in the Medicare Advantage program, the article details how the FCA “effectively turned average citizens into a...

January 28, 2019

Avanti Hospitals LLC and six of its owners will pay $8.1 million to settle claims that they violated the False Claims Act by submitting, or causing Avanti’s subsidiary, Memorial Hospital of Gardena, to submit false claims to the Medicare and Medicaid programs for medical services referred by a physician who received kickbacks and other improper payments from Gardena and other Avanti affiliates. The settlement partially resolves allegations originally brought in a whistleblower lawsuit filed by Dr. Joshua Luke, the former C.E.O. of Gardena Hospital. DOJ

January 28, 2019

Northrop Grumman Systems Corporation (NGSC) will pay $5.2 million to resolve allegations of False Claims Act liability for fraudulently billing labor under a contract with the United States Postal Service. NGSC, a provider of information and technology services, entered into an Enterprise Technology Services Contract with USPS, and allegedly billed work by personnel who lacked the experience and the education required under the contract. DOJ

January 28, 2019

East Cost Stepping Stones, Inc., a behavioral services provider based in Jacksonville, Florida, has agreed to pay $360,000 to resolve allegations under the False Claims Act.  The company was alleged to have falsely billed TRICARE for applied behavioral analysis therapy services for children with autism by misrepresenting the services provided and who provided them, failing to document services as required, and fabricating and altering medical records.  USAO MDFL

January 28, 2019

Universal Concrete Products Corporation, which subcontracted to provide precast concrete for the Dulles Metrorail Project, and its principal Donald Faust, Jr., will pay $1 million to resolve allegations under the False Claims Act that the company falsified test records to make it appear that concrete panels met the general contractor’s standards when they did not.  In 2018, a UCP quality control employee pleaded guilty in related charges.  The government’s investigation began with a qui tam case filed by an unidentified whistleblowerUSAO EDVA

January 28, 2019

A skilled nursing facility based in Orlando, Florida, Conway Lakes NC, LLC, and related entities and physicians, have agreed to pay $1.5 million to resolve allegations that they engaged in a unlawful kickback and referral scheme for Medicare and TRICARE beneficiaries.  Conway Lakes was alleged to have contracted with orthopedic surgeon Kenneth Krumins under a sham “medical director” arrangement in violation of the Stark Law and Anti-Kickback Statute to induce him to refer patients for rehabilitation services.  A former employee of Conway Lakes, Jonathan Montes de Oca, reported the arrangement by filing a qui tam case under the False Claims Act and will receive $267,000 of the proceeds.  USAO MDFL
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