Before Blowing the Whistle: 5 Things You Should Know

Deciding to file a False Claims Act (“FCA”) suit requires careful evaluation and planning. Here are 5 key pointers to guide your whistleblowing considerations: More

False Claims Act and the Opioid Crisis

An Update on the False Claims Act and the Opioid Crisis

In 2018, there were 46,802 deaths attributed to opioid overdoses. That number nearly doubled to 80,816 overdose deaths involving opioids by 2021.  

The Department of Justice (DOJ) has been actively pursuing opioid-related fraud schemes for years, with significant dedication of resources and attention. In 2017, the DOJ formed the Opioid Fraud and Abuse Detection Unit (OFADU) to combat the effects of the opioid epidemic. Despite these efforts and several high-profile prosecutions and civil settlements, the opioid crisis remains a serious issue nationwide.  More

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TAGS: Pharmaceutical Fraud

Fighting Environmental Fraud with the False Claims Act

The False Claims Act lawsuits can involve any area in which the federal government spends money, and the environment is no exception. The Environmental Protection Agency (EPA)'s $9 billion budget for FY 2020 and the Department of Energy (DoE)’s proposed $6.1 billion FY 2021 environmental management budget comprise a small percentage of the government’s fiscal budget, which makes preserving the integrity of each dollar especially important. Below are examples of how the FCA can hold contractors on federal environmental projects accountable for false claims. False claims concerning the environment can involve fraudulently obtaining environmental tax credits, providing faulty materials for environmental projects, or inflating prices of environmental services. Behind many of these cases are whistleblowers who filed FCA cases under seal through experienced attorneys like those at Goldberg Kohn, and shared in the settlements or judgments achieved by and for the government. More

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TAGS: Goldberg Kohn, Price Gouging, Tax Fraud

Do Pre-Filing Releases in Private Agreements Bar False Claims Act Lawsuits?

Agreements such as non-competes, confidentiality agreements, settlement agreements, or severance agreements commonly require employees to release future claims against their employer. For instance, a severance agreement, which is entered into upon termination of employment, may require the employee to release all future claims against the employer in exchange for the continuation of benefits or a payout. More

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TAGS: Corporate Fraud, Whistleblower Information

Telehealth Fraud

What is Telehealth?

The Health Resources & Services Administration defines telehealth as "the use of electronic information and telecommunication technologies to support long-distance clinical health care, patient and professional health-related education, health administration and public health." As a subcategory of telehealth, telemedicine is limited to clinical services. Remote care and other telehealth services have the potential to increase access to health care and improve health care outcomes. Patients can use telephone, video, monitoring devices, and other telehealth tools to communicate with practitioners and receive care. More

DOJ's New Civil Cyber-Fraud Initiative

What Does the DOJ's New Civil Cyber-Fraud Initiative Mean for Whistleblowers?

On October 6, 2021, Deputy Attorney General Lisa O. Monaco announced the DOJ's new Civil Cyber-Fraud Initiative, which will utilize the False Claims Act to penalize government contractors who fail to comply with requisite cybersecurity standards. This initiative is no surprise, as the DOJ listed cybersecurity as one of six priorities for upcoming FCA enforcement. More

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TAGS: Department of Justice

COVID-19 Vaccine Fraud and the False Claims Act

COVID-19 Vaccine Fraud and the False Claims Act

So far, more than 414 million Americans have received a dose of the COVID-19 vaccine. In order to ensure an accessible vaccine rollout, the Center for Disease Control ("CDC") has stated that any COVID-19 vaccine must be administered free of charge to the recipient with no additional “office fees'' if the vaccine was the sole reason for the medical visit. More

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TAGS: Healthcare Fraud, Pharmaceutical Fraud

The False Claims Act Under the Biden Administration

The False Claims Act Under the Biden Administration

With the arrival of the Biden Administration and new upper-level appointments in the Department of Justice ("DOJ"), the way the DOJ enforces False Claims Act ("FCA") cases may evolve. Over time, recovery and enforcement trends help to understand how different administrations approach FCA enforcement. More

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TAGS: Qui Tam, Whistleblower Information, White House

Beyond the Lamborghini: Paycheck Protection Program Fraud

Paycheck Protection Program Fraud

On March 20, 2020, during the COVID-19 pandemic, the Paycheck Protection Program ("PPP") was created as a part of the Coronavirus Aid, Relief, and Economic Security ("CARES") Act to provide pertinent financial relief for small businesses affected by the crisis. The program is directly administered by the Small Business Association ("SBA") and consists of a government-guaranteed loan specifically designed to incentivize small businesses to keep their employees on payroll. Businesses must meet eligibility requirements to qualify for a loan, and the SBA forgives loans only if the business meets all employee retention criteria and uses the funds for eligible expenses. More

A Brief History of the False Claims Act

A Brief History of the False Claims Act

The False Claims Act originated out of the Civil War as a result of the Union Army’s transactions with unscrupulous companies that provided supplies for battle. These companies, recognizing that their products were in high demand during wartime, and seeing little possibility for accountability, intentionally sold substandard goods at high prices, and often sent less than what was ordered and paid for. Reports of moth-eaten blankets, shoddily constructed shoes, old and diseased horses, and guns missing from their crates began to pop up all over the battlefields of the United States, and the federal government quickly intervened. More

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TAGS: Goldberg Kohn, Qui Tam