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Recent Posts in Whistleblower Claims Category

  • Can Multiple Whistleblowers File a Single Case?

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 26-Jul-2016

    By: Allan M. Siegel The False Claims Act bars duplicate claims filed based on the same information as previous whistleblower claim. This so-called “first to file” requirement incentivizes whistleblowers to act quickly and triggers a “race to the courthouse” because would-be whistleblowers do not want to miss out on a substantial financial award. The public policy purpose ...
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  • Supreme Court: Failure to Comply With Medicare/Medicaid Rules Can Be a False Claims Act Violation

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 12-Jul-2016

    By: Allan M. Siegel In a unanimous opinion, the U.S. Supreme Court held that whistleblower lawsuits may be based on a legal theory known as “implied certification.” Under this theory, whistleblowers may file cases based not on explicit misrepresentations, but on the implied representations of important terms in a government contractor’s request for payment. Under the False Claims ...
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  • Can a Whistleblower Who Filed Bankruptcy Pursue a False Claims Act Case?

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 1-Apr-2016

    By: Allan M. Siegel Whistleblowers (called “relators” in the False Claims Act) may have difficulty in seeking a qui tam award if they have filed for bankruptcy. A federal court has previously held that a whistleblower who filed for bankruptcy lacks standing to be a plaintiff. See United States ex rel. Gebert v. Transport Administrative Services, 260 F.3d 909 (8th Cir. 2001). In the ...
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  • Whistleblower Awarded More Than $7 Million for Reporting Fraudulent Medicare Billing

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 22-Mar-2016

    By: Allan M. Siegel The U.S. Department of Justice recently announced that Fort Myers, Florida-based cancer treatment provider 21st Century Oncology will pay $34.7 million to settle allegations that it billed Medicare for medically-unnecessary procedures. The lawsuit was initially filed under the whistleblower provisions of the False Claims Act, which allows individuals to work with an attorney ...
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  • To File a Claim, Whistleblowers Usually Need Non-Public Information

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 2-Mar-2016

    By: Allan M. Siegel The False Claims Act bars whistleblower claims based on information in the public domain. What this means practically is that you can’t file a whistleblower case based on something you read in the news (unless you contribute your own special expertise in interpreting the news in a non-obvious manner). The law is meant to strike a balance between encouraging meritorious ...
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  • Whistleblower Awards Depend on a Variety of Factors

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 1-Mar-2016

    By: Allan M. Siegel The law incentivizes whistleblowers (who are termed “relators” under the federal False Claims Act) to bring fraudulent activity to the government’s attention. Under the False Claims Act, whistleblowers can receive substantial monetary awards for reporting fraud that cheats government programs. When the first iteration of the False Claims Act in the 19 th ...
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  • Whistleblowers May Need Non-Public Information to File a Claim

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 29-Feb-2016

    The False Claims Act bars whistleblower claims based on information in the public domain. What this means practically is that you can’t file a whistleblower case based on something you read in the news (unless you contribute your own special expertise in interpreting the news in a non-obvious manner). The law is meant to strike a balance between encouraging meritorious cases while ...
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  • Biggest Whistleblower Case of 2015: Novartis' $390 Million Settlement

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 25-Jan-2016

    By: Allan M. Siegel Of all the hundreds of millions of dollars in whistleblower recoveries obtained by the Department of Justice in 2015, the Novartis settlement stood apart. In November 2015, the DOJ announced a $390 million settlement with Novartis Pharmaceuticals. The case began as a whistleblower lawsuit that alleged the Swiss pharmaceutical company violated the False Claims Act and the ...
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  • $6 Million Award to Whistleblower for Reporting Fraudulent Security Clearance Background Checks

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 13-Jan-2016

    By: Allan M. Siegel The government recently awarded a whistleblower $6 million for reporting his employer for providing deficient security background checks for federal agencies. Blake Percival was working for USIS, the government’s largest supplier of security clearance background checks, when he refused to condone an alleged internal company practice known as “dumping” or ...
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  • Hospitals to Pay $250 Million After Whistleblowers File Medicare Billing Lawsuit

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 12-Nov-2015

    By: Allan M. Siegel The U.S. Department of Justice recently announced it reached agreements with 457 hospitals, who will pay more than $250 million to settle Medicare billing fraud charges related to a whistleblower lawsuit. The hospitals were charged in a whistleblower lawsuit with fraudulently billing Medicare for implanting cardiac devices. The False Claims Act empowers individuals with ...
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  • Helping the Government Crack Down on Fraud Nets Big Pay Day for Whistleblowers

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 2-Feb-2015

    By: Allan M. Siegel Federal investigators were able to get a record $16.65 billion penalty against Bank of America Corp., following a probe into Bank of America's mortgage practice in the years leading up to the financial crisis. Three individuals, and one company, provided the government with information helping it show how Bank of America, or the company it acquired in 2008, Countrywide ...
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  • By: Allan M. Siegel In the era of Edward Snowden, the general public is acutely aware of whistleblowers. Many of us have come to respect and appreciate the laws which protect the people who come forward to expose wrongdoing. So while watching the Dallas Buyers Club, which is up for an Oscar this coming Sunday, it was difficult not to wonder where the potential whistleblowers were. Without giving ...
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  • Yes, since 2009 the Social Security Administration (SSA) has paid more than $30 million to 1,542 people that are currently listed in its system as being deceased. The SSA also has 879 people who have been listed as deceased, but upon verification appear to be alive and well. In one instance, a person was sent monthly payment for almost 20 years after the date of death. Those in the whistleblower ...
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  • Julie Darity was once a contracts administration officer for C.R. Bard Inc., which is a medical device company in New Jersey. Darity exposed a scheme where Bard was pushing brachytherapy seeds for kickbacks. Brachytherapy seeds are not seeds in the traditional sense of the word. They are small pieces of radioactive metal, such as iodine or palladium, which are implanted in the body. Scientists ...
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  • Many whistleblowers end up facing criminal charges, but they are still able to pursue a case as a whistleblower and are afforded the full protections of a whistleblower. Federal employees have recently received much stronger whistleblower protections, and many now feel free to come forward to report fraud, abuse, or any sort of wrongdoing in the workplace. Federal employees in the intelligence ...
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  • 55 Hospitals Nationwide Agree to Settle Massive Charges of Medicare Fraud for $34 Million

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 19-Aug-2013

    Authored by Ashley Page In a large nationwide conspiracy covering 55 hospitals and 21 states, the Department of Justice (DOJ) has helped put an end to a massive source of Medicare waste. Craig Patrick and Charles Bates, the whistleblowers in this case, made the decision to blow the whistle after leaving Kyphon, Inc. Kyphon counsels hospitals on kyphonplasty procedures, which are minimally invasive ...
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  • Oracle Corporation, the world's second largest software maker, has been sued by a whistleblower and the United States Justice Department. The lawsuit involves claims that Oracle overcharged the government tens of millions of dollars. The lawsuit claims that Oracle failed to disclose discounts that it gave favorite commercial customers. A former Oracle employee filed a lawsuit under the Federal ...
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  • Many of you who read our blogs or watch our YouTube videos know that the law firm of Chaikin, Sherman, Cammarata & Siegel, P.C. has recently successfully completed a case under the Federal False Claims Act or also known as the "whistleblower act". What you may not realize is that many of you have the potential to save all of us taxpayers money by notifying the lawyers of Chaikin, Sherman, ...
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  • Previously, the defense industry was the most targeted industry by employees for the purposes of blowing the whistle on government fraud and waste. Now the pharmaceutical industry has taken over as the #1 area for whistleblowing. With the government picking up more and more of the nation's healthcare costs, generally through Medicaid or Medicare, the focus has shifted to doctors, hospitals, ...
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  • Whistleblowers Focus on the Pharmaceutical Industry.

    Posted By chaikinandsherman || 27-Jan-2010

    The pharmaceutical industry is caught in a wave of whistleblower cases. Employees help the government shine a bright light on what they consider to be taxpayer fraud. Pharmaceutical fraud accounts for the largest amounts of money paid out under the Federal False Claims Act. In January, Eli Lilly and Co. agreed to pay $1.4 billion to settle charges that it illegally promoted the anti-psychotic ...
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  • Whistleblower Files Suit Against Johnson & Johnson

    Posted By chaikinandsherman || 9-Dec-2009

    An employee fired from Johnson & Johnson's Janssen Pharmaceutical unit, blew the whistle on promotions of an anti-psychotic drug because of allegations that it was being promoted for use for non-approved purposed. Ms. Lynn Powell claimed that Johnson & Johnson fired her in February 2004 as a result of her complaints about company pressure to encourage physicians to prescribe ...
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  • Pfizer Settles Qui Tam/False Claims Act Claim for $1 Billion

    Posted By chaikinandsherman || 25-Sep-2009

    Last month, the United States Department of Justice announced that Pfizer, Inc agreed to pay $1 billion to resolve a qui tam/ False Claims Act case. This is the largest qui tam/False Claims Act settlement in history. A qui tam case is a case that allows a private citizen (the whistleblower) who knows of fraud committed against the United States to file a lawsuit to recover the losses caused by the ...
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