ATTORNEY NEWSLETTER According to Alameda County qui tam/false claim lawyers, 2014 was a record-breaking year for whistleblower claims filed under the False Claims and Dodd-Frank Acts. More than $6 billion was recovered by the Department of Justice through qui tam/false claims suits in 2014, up from $3.8 billion in 2013. […]

ATTORNEY NEWSLETTER More than a half-dozen whistleblowers nationwide have recently filed qui tam/false claim lawsuits alleging systematic over-billing by Medicare Advantage plans, according to San Francisco based qui tam/fraudulent claim lawyers. Medicare Advantage allows the government to pay different amounts for senior care based on each patient’s risk score. It […]

ATTORNEY NEWSLETTER Whistleblowers are individuals or groups that report about possible wrongdoings of a particular organization or company. Often times, whistleblowing involves an employee reporting employer misconduct that is illegal, unethical, or against public policy. Approximately 1400 whistleblowers have filed qui tam lawsuits in the last two years, and have […]

ATTORNEY NEWSLETTER Insurance Code section 1871.7 provides a private right of action to sue perpetrators of insurance fraud on behalf of the State of California.  Although modeled on federal False Claims Act, 31 U.S.C. §§ 3729-3733, section 1871.7 is an attractive tool that offers significant advantages.  Section 1871.7, like other […]

ATTORNEY NEWSLETTER As chief financial officer for a large hospital operator, Ralph Williams was tasked with monitoring contracts and bill pay between his employer, Healthy Management Associates (HMA) and its partners. After discovering inconsistences in the contracts and payments, Williams began an investigation of the contracts. Williams discovered HMA; a […]

ATTORNEY NEWSLETTER Whistleblowing employees face unique challenges in building qui tam cases against their employers for violations of the False Claims Act. Challenges such as shielding oneself from workplace retaliation, the perils of internally reporting the violations, making the choice to undertake an internal investigation and risks faced while negotiating […]

ATTORNEY NEWSLETTER A large Indian pharmaceutical manufacturer has agreed to settle with the United States and states’ attorneys general in a whistleblower lawsuit.  The pharmaceutical manufacturer was alleged to have falsified data, violated Current Good Manufacturing and Laboratory Practices, and sold substandard and unapproved drugs.  This settlement happened due of […]

ATTORNEY NEWSLETTER In November of 2012 congress unanimously approved the passage of the whistleblowers could not protect themselves against associated retaliation by employers because of loopholes by the Federal Circuit Court of Appeals.  By passing the Whistleblower Protection Enhancement Act, congress acknowledged that bad administrative and court rulings had undermined […]

ATTORNEY NEWSLETTER Exposing an organization’s misconduct or illegal activities requires courage. Employees who risk their professional careers by coming forward to report and help remedy illegal conduct are referred to as “whistleblowers.” After reporting the misconduct to the Internal Revenue Service (IRS), whistleblowers often finds themselves patiently waiting for a […]

ATTORNEY NEWSLETTER In the past, the Food and Drug Administration (FDA) took the lead role in investigating pharmaceutical manufacturing facilities for violations of good manufacturing practices (cGMP’s).  Recently, the Department of Justice (DOJ) became a more actively involved in enforcement actions against pharmaceutical manufacturing facilities due to whistleblowers.  The DOJ […]