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Whistleblower Law Collaborative
Whistleblower Law Collaborative's posts

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Do defendants really want the government to stop paying all their claims just because there are allegations by a relator (not the government) of fraud? We don’t think so; if this happened, it would go in the category of “be careful what you wish for” and have the potential to wreak havoc with government contractors and programs.

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Signs that the lower courts have picked up on Escobar’s theme of indignation is good news for righteous whistleblowers, since they can convince courts to rule in their favor by an appeal to the overarching policy damaged by the fraud, as much as by digging into the regulations.

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"Bringing a case to the finish line in two years, from filing to settlement, is not easy and doesn't happen without aggressive and competent lawyering.
Too often False Claims Act cases take longer than they should. We greatly appreciate how well our client's case was handled by the U.S. Attorney's Office." 
The +Whistleblower Law Collaborative pleased to announce that the United States has settled a federal #FalseClaimsAct   case brought against MedNet Healthcare Technologies, Inc. ("MedNet") a subsidiary of BioTelemetry, Inc., by a #whistleblower client - #relator   - of Ms. Suzanne E. Durrell and Mr. Robert M. Thomas, Jr.

"We commend our client for coming forward. Whistleblowers are vitally important to the fight against health care fraud. Kickbacks are insidious and undermine the integrity of the Medicare Program by tainting a provider's medical judgment. Services provided to a patient should be based on his or her provider's independent medical judgment, not on which service or product will be more profitable to the doctor or hospital. Kickbacks have no place in Medicare."

#AntiKickback   #HealcareFrauds #QuiTam   #Medicare  
Link to the U.S. Attorney for the District of #NewJersey press release is below. You can learn more at

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As a case study on corporate officers being excluded from the Medicare and Medicaid programs after pleading guilty under the “responsible corporate officer doctrine,” students were asked to read the 2010 Friedman case from the district court in D.C., in which Judge Huvelle upheld lengthy periods of exclusions for three high ranking officers of Purdue Pharmaceuticals, Inc. The Purdue settlement in 2007 was a blockbuster at the time: $634 million in civil damages and criminal fines, criminal pleas by a subsidiary and three corporate officers, tens of millions in personal fines against the officers, and a corporate integrity agreement imposed against the company. Why? Because the company irresponsibly (and criminally) marketed its highly addictive painkiller OxyContin as safe and non-addictive, and as a reliable substitute for other non-addictive painkillers.

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Happy Birthday to the False Claims Act! Since 1986, according to a Department of Justice tally, the retooled FCA has allowed the federal government to claw back $50 billion wrongfully billed to taxpayers, an astonishing haul that actually understates the law’s effect, because it omits both criminal penalties and the FCA’s deterrent effect.

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This month, the New York Times ran a detailed piece, showing the mundane and absurd lengths to which the super wealthy and their handlers will go to hide their assets from taxing authorities. It’s clearly sport to them.

It should not be seen as sport to the rest of us, who are left paying the bill...

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A memorable time was had by all at this year's ACLU Bill of Rights Dinner. The keynote speech delivered by Bryan Stevenson drew audible gasps at times from the audience and ended with an instant standing ovation. What Stevenson does in his book Just Mercy and in his speeches is make real the kinds of brutal injustices that for most of us are just abstractions.

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What these points make clear is that for whistleblowers, attitude and expectations are everything, and for the whistleblower attorney, managing those client expectations and attitudes are a very large part of the attorney-client relationship. If the whistleblower goes into the process with these guidelines in mind, with a certain que sera sera approach, the process goes infinitely better.

If an employee decides to become a False Claims Act whistleblower, he has a statutory obligation to turn over to the government (the real party in interest) everything he knows about the fraud. So he copies the key documents onto a thumb drive and turns it over to the feds, right?

Probably. But there are some important caveats.

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So here’s an easy one, that no one should have trouble swallowing: how about we close the easiest and stupidest opportunities for fraud? An example: Each year, we taxpayers lose somewhere between $5 to$10 billion on phony tax returns filed by identity theft fraudsters. At last count, there are over 650,000 phony returns filed each year. And we could stop it with one quick fix.
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