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Showing 10 posts in Whistleblower Awards.

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Can I Be Compensated For Being a Whistleblower?

One of the most common questions people have when they are considering whether to file a whistleblower lawsuit is whether any financial award is available to whistleblowers. In other words, can whistleblowers get paid? More

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Duke University Pays U.S. Government $112.5 Million to Settle False Claims Act Allegations

Duke University, a private research university in Durham, North Carolina, recently paid the U.S. government $112.5 million to settle allegations that it submitted falsified data in order to win federal research grants.  The settlement was announced on Monday, March 25, 2019, by the Department of Justice.  More

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Largest Ever Recovery in a Single-State False Claims Act Lawsuit: $330 Million Settlement with Sprint Communications

New York Attorney General Barbara D. Underwood and Acting Tax Commissioner Nonie Manion announced a record $330 million settlement with Sprint Communications on December 21, 2018.  This settlement is not only the largest-ever recovery by the New York Attorney General resulting from an action filed under the New York False Claims Act, but it is also the largest-ever recovery by a single state in an action brought under a state false claims act.    More

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The Virginia Birth-Related Neurological Injury Compensation Program Settles for $20.7 Million

The Virginia Birth-Related Neurological Injury Compensation Program ("The Program") and the Virginia Birth-Related Neurological Injury Compensation Fund ("The Fund") have recently agreed to pay a $20.7 million settlement to resolve FCA allegation brought against them by a whistleblower suit.  Relators allege that the defendants knowingly caused numerous Program participants to submit false claims to Medicaid.  By law, Medicaid is the "payer of last resort" for all healthcare claims for a covered beneficiary, meaning if another insurer or program has the responsibility to pay for medical costs incurred by a Medicaid-eligible individual, that entity is generally required to pay all of or part of the costs of the claim before Medicaid makes any payment.  If a third party is liable to pay for part of a Medicaid participant's care, "Medicaid will only pay that part of the care which is over and above the amount covered by the third party."[1]   The text of Va. Code Ann. §38.2-5009 specifically says that the Program will not cover any items or expenses that would be covered "under the laws of any state or the federal government except to the extent prohibited by federal law."  However, the Program and the Fund made themselves the de facto payers of last resort, improperly shifting payment onto the Medicaid program.  More

Why Do So Many False Claims Cases Settle Before Trial?

It is widely recognized that many more False Claims Act (FCA) cases settle than go to trial.[1] While it is difficult to determine the exact proportion of cases that settle vs. cases that are tried, comprehensive reports on FCA developments published semi-annually indicate about a 16:1 ratio of notable settlements to verdicts/ judgments.[2] More

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Walgreens Agrees to Settle Three Civil Fraud Lawsuits Totaling Over $270 Million

Walgreens Boots Alliance, Inc. ("Walgreens") has agreed to pay $269.2 million to settle two whistleblower lawsuits accusing it of overbilling federal healthcare programs for over a decade.  In both settlements, Walgreens "admitted and accepted responsibility for conduct the Government alleged in its complaints under the False Claims Act".  The U.S. Department of Justice made the announcement on January 22, 2019. In addition, Walgreens recently settled another False Claims Act claim, although the monetary value is modest in comparison with the first two.   In the third settlement, Walgreens agreed to pay $3.5 million to the U.S. and the State of Wisconsin to settle allegations that, from 2011 to 2014, Walgreens violated Wisconsin Medicaid rules by dispensing routinely stimulant medications to Wisconsin Medicaid beneficiaries without first verifying that the prescribing physician ordered the medication for a medically appropriate treatment.   More

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The Public Disclosure Bar

The False Claims Act qui tam provision allows private citizens to act as whistleblowers, and file a lawsuit on behalf of the government if they are aware of fraud taking place. These whistleblowers, or relators, are eligible to receive a portion of the money the government recovers if the lawsuit is successful.

It is important to note that the False Claims Act is designed to encourage people to report fraud that might otherwise go undetected; it is not designed to reward people who repeat allegations that have already been publicized. To that end, the False Claims Act includes language stipulating that the court will dismiss a case if substantially the same allegations contained therein were already publicly disclosed and the relator bringing the action is not an original source of the information. This section of the Act is commonly referred to as the "public disclosure bar". More

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Wisconsin taxpayers have lost millions since the 2015 repeal of the Wisconsin FCA

Wisconsin taxpayers have missed out on over $11 million in Medicaid fraud settlements since the Wisconsin legislature and Gov. Scott Walker repealed the Wisconsin False Claims Act in 2015, reports the Wisconsin Center for Investigative Journalism. Wisconsin is the only state to have repealed its FCA, despite Gov. Walker's anti-government-waste platform. More

SEC Expects Higher Whistleblower Payouts and Other Whistleblower News – October 7, 2013

The whistleblower attorneys at Goldberg Kohn are committed to fighting fraud against the government and protecting the rights of whistleblowers. Below are summaries of recent developments pertaining to whistleblower, qui tam, and False Claims Act actions throughout the United States. More

Court Praises Relator by Awarding a “Robust Share” of the $93.5 Million Settlement Proceeds

Relators play an invaluable role in the government’s quest to crack down on fraud through qui tam suits – a role that was recently highlighted by a D.C. district court when it increased the relator’s share of the settlement proceeds from 15% – the statutory minimum – to 20%, in light of relator’s, and relator's counsel's significant involvement in the investigation. More

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