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Whistleblower Case

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Catch of the Week: Lincare Holdings

Posted  08/31/23
Medical Oxygen Tanks
This week's Department of Justice (DOJ) Catch of the Week goes to Florida-based Lincare Holdings, Inc., a wholly-owned subsidiary of the German chemical corporation Linde plc.  On Monday (August 28), the DOJ announced that the company agreed to pay $29 million to settle charges of violating the False Claims Act by overbilling Medicare and Medicare Advantage Plans for oxygen equipment. Lincare provides oxygen...

August 31, 2023

Watermark Retirement Communities LLC, which manages 79 retirement homes across the country, has agreed to pay $4.25 million to settle claims of violating the Anti-Kickback Statute and False Claims Act.  According to a lawsuit launched by David Freeman, the former director of strategic growth for a nationwide home health agency (HHA), between 2014 and 2020, Watermark solicited and received kickbacks from the HHA in exchange for referrals of Medicare beneficiaries from 8 of its retirement facilities in 5 states, including Arizona, Connecticut, Delaware, Florida, and Pennsylvania.  Watermark then caused false claims to be submitted in connection with those referrals.  DOJ

In Service of Justice – The Importance of Whistleblowers

Posted  08/30/23
Stack of Contract Files
Whistleblowing takes courage.  Whistleblower matters also require patience to file and wait, often several years, to see if the government will intervene and then pursue a matter.  There is rarely much transparency, so the whistleblower remains somewhat in the dark and can feel a lack of control.  Retaliation for speaking up in the workplace is a significant concern. Yet the interests of justice are served by those...

SEC Awards $18 Million Whistleblower Award

Posted  08/25/23
Anonymous Person Wearing Hoodie
The Securities and Exchange Commission (SEC) announced today (August 25) a whistleblower award of $18 million "to a whistleblower whose information and assistance led to a successful SEC enforcement action."  Due to the agency's commitment to keeping the identity of its whistleblowers strictly confidential, it did not disclose who the whistleblower is, or the enforcement action to which the reward is tied. All we...

SEC Awards $104 Million to Seven Whistleblowers

Posted  08/16/23
Red Whistle with People
Earlier this month (August 4), the Securities and Exchange Commission (SEC) announced its award of $104 million to seven whistleblowers "whose information and assistance led to a successful SEC enforcement action and related actions brought by another agency."  It follows a string of blockbuster awards under the SEC Whistleblower Program, which provides whistleblowers who provide information leading to a successful...

August 8, 2023

Pharmaceutical drug manufacturers Shire PLC, Baxter International Inc., Baxalta Inc., Viropharma Inc., Takeda Pharmaceuticals U.S.A., Inc., and Takeda Pharmaceuticals America have agreed to pay more than $42 million to settle a qui tam suit alleging violations of the Texas Medicaid Fraud Prevention Act.  According to an unnamed whistleblower, the companies allegedly directly or indirectly provided payments or nursing services to Medicaid providers in exchange for referrals or recommendations of a particular drug.  TX AG

August 1, 2023

A now defunct clinical laboratory in Texas, BestCare Laboratory Services LLC, and its owner, Karim Maghareh, have agreed to pay another $5.7 million on top of nearly $800,000 already paid to the government to resolve an outstanding obligation under a 2018 judgment for violating the False Claims Act.  The underlying lawsuit, filed in 2008 by whistleblower Richard Drummond, alleged that BestCare billed Medicare for travel by lab technicians that did not reflect the actual mileage traveled.  DOJ

July 31, 2023

Martin’s Point Health Care Inc. in Maine has agreed to pay almost $22.5 million to resolve a lawsuit by a former manager in its Risk Adjustment Operations group, which alleged the health plan administrator defrauded Medicare over a three year period.  The former manager, Alicia Wilbur, alleged that Martin’s Point reviewed charts for their Medicare Advantage beneficiaries to identify additional diagnosis codes, then submitted those codes in claims to Medicare in order to increase reimbursements even though they were not properly supported by patient medical records.  For blowing the whistle on this misconduct, Wilbur will receive a $3.8 million award.  DOJ

Catch of the Week: Booz Allen Hamilton

Posted  07/24/23
Businessman Giving Contract to Person to Sign
This week's catch of the week goes to Virginia-based military contractor Booz Allen Hamilton Holding Corporation.  On Friday (July 21), the company agreed to pay the United States a whopping $377 million to settle charges it violated the False Claims Act by billing the government for costs unrelated to its government contracts. Government contractors may only charge the government for costs directly related to a...

July 21, 2023

In one of the largest procurement fraud settlements in history, defense contractor Booz Allen Hamilton has agreed to pay almost $377.5 million to resolve claims of violating the False Claims Act.  According to former employee Sarah Feinberg—who filed a qui tam suit in 2016, and who will receive a nearly $70 million share of the settlement—Booz Allen improperly billed the government for indirect charges that should instead have been billed to commercial and international contracts.  USAO DC
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