The United States Supreme Court granted certiorari today in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, a False Claims Act case addressing two issues: the proper statute of limitations under the Wartime Suspension of Limitations Act...
Whistleblowers
Whistleblower case against Lance Armstrong proceeds towards trial
Whistleblower cases are not typically high-profile, media-fueled cases. But, when the defendant is one of America’s formerly-beloved sports superstars, the False Claims Act becomes front-and-center news around the world. And according to an order from a federal judge...
Can you be forced to arbitrate your FCA claims?
Image from Public Citizen The answer, unfortunately, is “maybe.” Modern employment contracts almost always contain some kind of arbitration provision whereby you and your company agree to resolve disputes through arbitration. Companies prefer arbitration over...
Commodity Future Trading Commission Announces First Whistleblower Award
Photo Credit: CFTC Website On Tuesday, May 20, 2014, the Commodity Future Trading Commission (“CFTC”) announced that it would be making its first award to a whistleblower who reported a fraud through the CFTC’s Whistleblower Program. A $240,000 award will be made an...
What is Off-Label Marketing?
In 2013, False Claims Act recoveries reached record levels, drawing in more than $3.8 billion in settlements and judgments. A staggering amount of that recovery – more than $2 billion – came from a little known aspect of healthcare fraud called “off-label...
United States Recovered $3.8 Billion From FCA Cases in 2013
Photo: Larry Wiezycki, Polyphonic Image Happy New Year from the qui tam team at James, Hoyer, Newcomer & Smiljanich! We’re excited for a busy and productive 2014, and wish the same to our readers. As we leave 2013 in the history books, we are pleased to note that...
Overcoming a Rule 9(b) Challenge in the 11th Circuit
After a qui tam complaint is filed, the Department of Justice investigates the relator’s allegations and then decides whether to intervene and join the action, or whether to decline. If the government declines to join in the lawsuit, the relator and his or her counsel...
Health-Care False Claims Cases Reap $18.3 Billion, Report Shows
Health-Care False Claims Cases Reap $18.3 Billion, Report Says Federal and state governments recovered $18.3 billion between 2008 and 2012 from lawsuits and criminal cases claiming health-care companies overbilled, according to an advocacy group that encourages...
Does the Government Shutdown Have Any Impact on My Qui Tam Case?
It has been 17 years since the United States government faced a partial shutdown as the result of a dispute between members of Congress. This is a tumultuous and uncertain time for our government and for all American citizens, and the simple reality is that we may not...
SEC Announces $14 Million Whistleblower Award
Right on the heels of Chief Sean McKessy’s interview promising more resolved cases and whistleblower awards, the U.S. Securities and Exchange Commission (“SEC”) announced an award of more than $14 million to a whistleblower today. The whistleblower has requested to...