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Whistleblower Case

This archive displays posts tagged as involving a whistleblower case or claim. You may also be interested in our pages:

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First Circuit Revives Whistleblower Suit Against PharMerica, Rejecting Public Disclosure Challenge

Posted  02/28/20
boston-first-circuit-building
Rejecting an argument that only a fraudster could love, the First Circuit Court of Appeals revived a whistleblower’s lawsuit and rightly recognized that whistleblowers can have “direct” knowledge of fraud even if they did not themselves participate in the fraud. In United States ex rel. Banigan & Templin, et al. v. PharMerica, Inc., the First Circuit interpreted the so-called “original source” provision of...

Treble Damages Awarded in Medicare Whistleblower Case

Posted  02/21/20
specimen jar
The Fifth Circuit upheld a 2018 lower court decision this week, finding defendant BestCare Laboratory Services, LLC and its owner Karim Maghareh liable for treble damages—to the tune of just over $30 million—under the False Claims Act. BestCare provided clinical testing services for nursing home residents, many of whom were Medicare beneficiaries. Rather than billing for a technician’s travel to and from the...

Catch of the Week: Guardian Elder Care

Posted  02/21/20
person holding elder's hand
This week's DOJ Catch of the Week goes to Guardian Elder Care.  On Wednesday, the operator of more than 50 nursing homes in Pennsylvania, Ohio and West Virginia agreed to pay roughly $15.5 million to resolve allegations it violated the False Claims Act by billing the government -- Medicare and the Federal Employees Health Benefits Program -- for medically unnecessary rehabilitation therapy services.  According to...

February 19, 2020

Guardian Elder Care Holdings, Inc. has agreed to pay $15.5 million to settle claims of defrauding Medicare and Medicaid.  In a qui tam suit filed in 2015, whistleblowers Philippa Krauss and Julie White alleged that from 2011 to 2017, the Pennsylvania-based nursing home chain pressured its therapists to provide medically unnecessary rehabilitation to patients suffering from dementia or dying in hospice care in order to boost its profits.  During the subsequent government investigation, Guardian Elder Care self-disclosed that it had also billed federal healthcare programs for services performed by two excluded individuals.  As part of the settlement, Guardian Elder Care has entered into a chain-wide Corporate Integrity Agreement with the Department of Health and Human Services, and Krauss and White will split a $2.8 million relator's share.  USAO EDPA; USAO WDPA

Constantine Cannon Client Featured in Australian Broadcasting Company Story on Boeing Culture and Safety Incidents

Posted  02/18/20
Boeing737Max Planes Grounded
Boeing manager-turned-whistleblower Ed Pierson, represented by Constantine Cannon whistleblower attorneys Eric Havian, Chris McLamb, and Leah Judge, was featured in an Australian Broadcasting Company story on Boeing’s 737 MAX crisis.  In the story, Mr. Pierson describes the production problems he witnessed at the plant where the 737 Max was produced and his concern that this troubling production environment may...

February 14, 2020

Tennessee-based Cookeville Regional Medical Center Authority (CRMC) has agreed to pay $4.1 million to settle allegations of violating the Anti-Kickback Statute, Stark Law, and False Claims Act from 2012 to 2017.  In a qui tam suit that initiated the investigation, an unnamed whistleblower alleged that CRMC submitted claims to Medicare and TennCare that arose from improper financial arrangements with physicians at its wholly owned subsidiary, CRMC MSO-Sub 1, Inc., d/b/a Tennessee Heart.  $3.6 million of the settlement proceeds will go to the United States, $453,000 will go to the State of Tennessee, and $779,000 will go to the whistleblower.  USAO MDTN

February 12, 2020

A neurosurgeon accused of receiving illegal kickbacks from distributors of spinal implant devices has agreed to pay $2.35 million to resolve allegations of violating the Anti-Kickback Statute and False Claims Act.  While practicing at three Colorado area hospitals, Dr. William Choi created distributorships Nexus Spine, LLC and 4D Spine, LLC to provide spinal implant equipment for surgeries he performed.  Despite naming third parties as the registered owners, Dr. Choi maintained control of the distributorships and their profits, thus soliciting and receiving improper payments from these entities.  His fraudulent conduct was eventually revealed by a former 4D employee, Mark Rahe, who filed the civil action.  USAO CO

February 11, 2020

Tenet Healthcare Corporation and its affiliated hospital, Desert Regional Medical Center, have agreed to pay $1.4 million to settle allegations that they knowingly charged Medicare for medically unnecessary cardiac monitors, in violation of the False Claims Act.  According to former DRMC employee, Michael Grace, the devices were implanted between 2014 to 2017, exposing beneficiaries to unnecessary risk and causing the government unnecessary expenses.  For exposing the fraud, Grace will receive a $240,789 share of the recovery.  DOJ

Catch of the Week – Hybrid Tech pays $29 Million to Resolve Claims of Collusive Bidding on Sale of Energy Department Loan in Case Brought by Creditors

Posted  02/6/20
Gavel close-up
Our Catch of the Week arises out of misconduct in a corporate restructuring, features a unique whistleblower, and resulted in a $29 million recovery by the government. The defendants, Hybrid Tech Holdings, LLC and related entities, were alleged to have rigged bids in a government auction of a loan made to Fisker Automotive under the Department of Energy’s Advanced Technology Vehicles Manufacturing loan...

February 6, 2020

February 6, 2020 -- The successor to the Community Redevelopment Agency of the City of Los Angeles, CRA/LA, has agreed to pay $3.1 million to resolve allegations under the False Claims Act that the agency failed to comply with federal accessibility laws while distributing federal funds to help develop affordable housing.  Federal accessibility laws require that 5% of all units in certain federally-funded housing be accessible to people with mobility issues, and an additional 2% of all units be accessible for people with visual or auditory impairments.  However, according to whistleblower and wheelchair user Mei Ling, at least nine agency-affiliated properties lacked accessible parking spaces, appropriate ramp and height access for wheelchair users, or appropriate visual and tactile signs for people with visual or auditory impairments.  DOJ; USAO CDCA
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