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Mar 8, 2022 by |

San Francisco Whistleblower Attorney: False Claims Act Settlements and Judgments Exceed $5.6 Billion in Fiscal Year 2021

ATTORNEY NEWSLETTER

Largest Total Since 2014

Health Care Fraud Is Leading Source Of Judgments And Recoveries

598 Qui Tam Suits Filed In 2021

The U.S. Department of Justice (DOJ) obtained more than $5.6 billion in settlements and judgments from civil cases involving fraud and false claims against the government in the fiscal year ending Sept. 30, 2021, according to Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. This is the second largest annual total in False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq., history, and the largest since 2014.   The main source for this recovery comes from actions brought by private individuals bring suits under the FCA. Individuals who bring actions (known as “qui tams”) under the FCA for recovery of those funds can be rewarded if the government recovers. 31 U.S.C. § 3730(d).  The individuals bringing the qui tam cases are known as “relators.”  If you have credible information of government fraud in San Francisco or elsewhere in California, call us today at (415)441-8669 and we can help. Our toll-free number is 1-888-50EVANS (888-503-8267).

Health Care Fraud

Of the more than $5.6 billion in settlements and judgments reported by the DOJ this past fiscal year, over $5 billion relates to matters that involved the health care industry, including drug and medical device manufacturers, managed care providers, hospitals, pharmacies, hospice organizations, laboratories and physicians. The amounts included in the $5 billion reflect recoveries arising from only federal losses, and, in many of these cases, the department was instrumental in recovering additional amounts for state Medicaid programs. The DOJ’s health care fraud enforcement efforts restore funds to federal programs such as Medicare, Medicaid and TRICARE, the health care program for service members and their families.

Bringing A Qui Tam Action

Whistleblowers filed 598 qui tam suits in fiscal year 2021, and this past year the department reported settlements and judgments exceeding $1.6 billion in these and earlier-filed suits. Qui tam cases such as this one begin with filing a complaint in the federal district court where the allegedly fraudulent conduct occurred.  31 U.S.C. § 3730(b).  The complaint is filed under seal.  The government has sixty days to review the allegations and decide whether to intervene.  This review period can be extended.  If the government decides to intervene, the government essentially takes over the litigation.  31 U.S.C. § 3730(c).  If the government decides not to intervene, the relator has the right to continue the litigation on his or her own.  If the relator continues the litigation alone, he or she receive a larger percentage of the amount the government eventually recovers.  31 U.S.C. § 3730(d).  The relator may also pursue claims for wrongful retaliation against the defendant if the relator was fired or demoted as a result of blowing the whistle.  31 U.S.C. § 3730(h).

Contact Us

If you have credible information of government fraud call Ingrid M. Evans at (415) 441-8669, or toll-free at 1-888-50EVANS (888-503-8267) or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.  In addition to FCA and CFCA whistleblower cases, Ingrid and Evans Law Firm, Inc. also handle bank fraud whistleblower cases under FIRREA/FIAFEA, commodity trading and securities fraud under the Commodities Futures Trading Commission Whistleblower Program and the Securities and Exchange Commission Whistleblower Program, and tax fraud under the Internal Revenue Service Whistleblower Program. 

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