Earlier this month, a Utah-based hospital chain announced it would settle whistleblower Dr. Gerald Polukoff’s case alleging the hospital performed unnecessary heart surgeries on Medicare patients, thereby overcharging the federal government in violation of the False Claims Act (FCA). Defendant Intermountain Health, the largest healthcare provider in the Intermountain West, had petitioned the U.S. Supreme Court to...
District Court Gives Short Shrift to Payment Terms in Recent Brookdale Decision
A recent district court decision from the Middle District of Tennessee serves as a reminder that qui tam relators would be wise to ferret out and include in their filings examples of any instances in which the government has taken enforcement action against companies involved in the type of misconduct they allege. It also underscores the point that courts must remember that the government has to pick and choose...
Kuwaiti Companies Can't Exit FCA Suit Over Service Process
By the C|C Whistleblower Lawyer Team
On Friday, U.S. District Judge Thomas W. Thrash, Jr. in Georgia declined to dismiss a False Claims Act case against Kuwaiti companies accused of participating in a plan to overcharge the U.S. government for fresh fruits and vegetables. The defendants, government contractors who supplied food to troops in the Middle East, had moved to dismiss on a number of grounds, including...
Constantine Cannon Whistleblower Suit Against KBR Will Go Forward: False Certification of Compliance Not Needed To State a Claim
C|C Whistleblower Team
By Janice Kelly
A whistleblower suit against KBR will go forward after a district court judge found that relators’ complaint sufficiently alleged a violation of the False Claims Act. Judge Michael M. Mihm found that relators’ claims that KBR sidestepped required inventory controls and ordered hundreds of millions of dollars of unneeded materials met the FCA’s requirement that fraud...
Fourth Circuit Embraces Expansive View of False Claims Act Fraud and Materiality In Triple Canopy Ruling
Another circuit court decision giving a properly expansive view of what it takes to make out a fraud claim under the False Claims Act. This one from the Fourth Circuit in United States v. Triple Canopy, Inc.. Before the Court were two key questions. One, whether a defense contractor's claim for payment still could be false when there was nothing false on the face of the invoice. And two,...