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Whistleblower News From The Inside -- August 8, 2016

Posted  August 8, 2016

By the C|C Whistleblower Lawyer Team

Anesthesia Business Settles Kickback Allegations – Sweet Dreams Nurse Anesthesia paid more than $1 million to resolve claims that it provided free anesthesia drugs to ambulatory surgical centers and agreed to fund construction of a new ASC, both in exchange for exclusive contracts.  The case was originally brought by a whistleblower, Adam Nauss, who will receive a share of the settlement.  USAO MD GA

Pharmacist Arrested and Charged for Making False Claims to Medicare – The indictment alleges that Mark Johnson submitted Medicare and Medicaid claims for medication that was not actually dispensed, created false prescription orders, lied during an audit by the Wisconsin Department of Health Services, and used the DEA numbers of two physicians to create false prescription orders.  USAO WD WI

Consent Order against Investment Pool and Manager – The CFTC had commenced proceedings against Hendrik A. Van Beuningen and his company, DeBrink Trading Fund I, LLC, alleging that they violated anti-fraud provisions of the Commodity Exchange Act (CEA), misappropriated pool participants’ funds, and committed registration violations.  Defendants were alleged to have misappropriated pool funds and reported false trading results and returns to participants.  CFTC

Government Asks Second Circuit to Reconsider Ruling that Overturned Verdict against Countrywide – The case arose from mortgages that Countrywide Home Loans sold to Fannie Mae and Freddie Mac through an internal process defendants dubbed the “high-speed swim lane” or “hustle,” without disclosing that Countrywide had loosened conditions for loan approval.  The Second Circuit’s opinion in May overturned the verdict for fraud on the grounds that the company had not planned to deceive its customers when it initially signed the contracts.  In its new petition, the government argues that the court overlooked evidence presented at trial.  Pro Publica

Energy Department improves whistleblower protections – The department has announced new measures aimed at cracking down on whistleblower retaliation by the contractor companies that run national laboratories.  The Hill