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False Claims Act and the Opioid Crisis: First-ever Civil Injunction Filed by Justice Department to Combat Opioid Over-Prescription

In August 2018, the U.S. Department of Justice announced allegations against an Ohio doctor for violating the False Claims Act (FCA) in addition to violating the Controlled Substances Act (CSA) for prescribing opioid prescriptions in excessive amounts or to those who are not in need of the medication. Although an FCA case is not the most traditional approach to these issues, it is clear that the Justice Department is making the opioid crisis a top priority and therefore potentially invoking the FCA more often in these cases. The government's focus on the opioid crisis has been consistently increasing and expanding from targeting manufacturers of opioids to targeting prescribers and healthcare providers that submit claims to federal health care programs or to the federal government. 

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DOJ Publishes FCA Statistics for Fiscal Year 2018

The Department of Justice announced in a press release on December 21, 2018 that False Claims Act cases recovered more than $2.8 billion for the federal government for the 2018 fiscal year. This total recoveries amount includes settlement and judgment amounts for all cases. More

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Department of Justice Announces Mylan Settlements

On August 17, the Department of Justice announced a landmark $465 million settlement in a False Claims Act action against pharmaceutical companies Mylan Inc. and Mylan Specialty L.P., best known as the makers of EpiPen, a critical emergency medication for individuals suffering from life-threatening allergies. More

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Department of Justice—With the Help of Whistleblowers—Continues to Vigorously Pursue Cases of Fraud Against the Government

Earlier this month, the Acting Assistant Attorney General for the Department of Justice Civil Division, Chad Readler, reiterated the government’s commitment to combating fraud. More

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Government and Whistleblowers Bring More False Claims Act Cases in 2017

The current administration recently made it clear that it will continue to vigorously investigate and enforce the law prohibiting attempts to defraud the government.  False Claims Act (FCA) lawsuits continue to trend upwards as the Department of Justice files a second complaint against UnitedHealth Group Inc. (UHG) within two weeks.  This development follows on the heels of the prior complaint, United States ex rel. Swoben v. Secure Horizons, which outlined allegations that UHG defrauded Medicare programs with false claims for payment. More

Illinois Hospice Company Executive Charged with Federal Health Care Fraud

The United States Attorney in Chicago announced on Monday shocking criminal charges against Seth Gillman, an owner and executive of Illinois hospice companies Passages Hospice, LLC, based in Lisle, Illinois, and Asta Healthcare Company, Inc., which operates nursing homes across the state. More

Whistleblower News Update- April 2, 2013

The U.S. Department of Justice announced this week that Alabama-based Caddell Construction agreed to pay to the United States $1,150,000 to settle allegations that it violated the False Claims Act by falsely reporting to the Army Corps of Engineers that it hired and mentored Mountain Chief Management Services, a Native American-owned company, to work on construction projects at Fort Bragg, North Carolina and Fort Campbell, Kentucky from April 2003 to March 2005. Rather, Mountain Chief was merely a pass-through entity used by Caddell to claim payments under the Department of Defense’s Mentor-Protégé and Indian Incentive Programs and didn’t actually perform the work for which Caddell received payment, according to the government. More

Fourth Circuit Limits First-to-File Rule and Holds that FCA Statute of Limitations Tolls When “At War”

In a noteworthy decision affecting the first-to-file rule and the statute of limitation of the False Claims Act (FCA), the Fourth Circuit reversed a district court’s dismissal and remanded the whistleblower’s case back for additional review. More

Department of Justice Joins Whistleblower Suit Against Contractor That Allegedly Failed to Honor Its Contractual Promises

Fluor Hanford Inc., a subsidiary of Fluor Corporation, which is based in Texas, provides a wide range of services to government and private customers. Fluor held the prime contract to provide maintenance and operational services at the United States Department of Energy's Hanford Nuclear Site, located in southeastern Washington State. As part of its contract, Fluor managed and operated the Hazardous Materials Management and Emergency Response ("HAMMER") Center, which provided training to workers at the Hanford Nuclear Site, first responders and law enforcement personnel. As a part of it contract with the United States Department of Energy, Fluor certified, or promised, that it would not use federal funds for lobbying activities. More

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