• “Highest Possible Rating
    in Both Legal Ability
    & Ethical Standards” – AV Preeminent™ Rating
  • ONE OF THE FIRST LAW FIRMS
    TO REPRESENT
    “TAX WHISTLEBLOWERS”
    IN THE NEW IRS
    WHISTLEBLOWER PROGRAM
  • consulted by congress
    in creating the new sec
    whistleblower program
    and cftc whistleblower
    program
  • experienced in both
    prosecuting and defending
    whistleblower cases
    under the false
    claims act
  • unique civil and criminal
    experience - lawyers
    who have prosecuted
    and defended
    fraud and tax cases

At 5 pm EDT today, the SEC’s NY Regional Office is hosting a call to alert investors about COVID-19 investment scams.

As the anxious public yearns for vaccines, treatments, and protections from the virus, the SEC has warned of a “substantial potential for fraud relating to COVID-19. The SEC’s enforcement actions against 23 companies will grow as more fraud is uncovered.

Whistleblowers are critical to the SEC’s efforts to stop COVID-19 fraud.  The SEC Office of the Whistleblower is authorized to pay monetary awards to whistleblowers whose information leads to an order of sanctions of $1 million or more.

The Department of Justice needs whistleblowers to report fraud involving drug pricing overbilling in the Medicare, Medicaid, TRICARE and FEHB programs.  There are potential rewards and protections for whistleblowers who have evidence of false claims against the Government.

In declining to dismiss a whistleblower’s lawsuit against Rite Aid for alleged drug overbilling, the court laid out the basis for its decision that the whistleblower’s lawsuit alleged sufficient evidence for the case to proceed.  The allegation was that Rite Aid charged Medicare, Medicaid, and TRICARE prices that exceeded prices paid by other customers.  A pharmacist who had worked for Rite Aid stepped forward with information that allowed the case to proceed, in April 2019.

Guidance is available for how to blow the whistle on your employer.  Reaching out to a former prosecutor who represents whistleblowers is a helpful first step.  An attorney can guide you through the process, assist you with documenting your concerns, answer your questions and instruct you on the nature and strength of evidence you do have.  A good whistleblower attorney will provide you a free consultation.  You should seek out an accomplished attorney as soon as you have concerns, and while you are still employed by the company where you believe there is wrong-doing.  Bottom line:  don’t do it alone.  Get an expert opinion from a prosecutor who’s tried False Claims Act cases and has significant experience under their belt.

The Department of Justice needs whistleblowers to continue to report health care fraud

The Health Care Industry is Responsible for Most of the False Claims Act Recoveries

Bloomberg Law published a piece in March 2019 about the the $270 million settlement with DaVita Medical Holdings LLC., the nation’s largest dialysis provider.  The claims involved fraudulent Medicare billing whereby a company subsidiary directed physicians to use improper billing codes for certain conditions, leading to payments that the Government otherwise would not have paid.  Typical for False Claims Act cases, this one involved medically necessary services at the expense of federal health care programs.  Also reported were other common schemes involving over-prescribing of opioids and the payment of kickbacks to induce physicians, hospitals, and clinics to prescribe certain drugs or refer patients to specific treatment facilities.  Many False Claims Act cases involve providers that are already subject to stringent requirements under Corporate Integrity Agreements.  As reported, Health Management Associates, a former hospital chain, also settled with the Government for $260 million making illegal payments to physicians in exchange for patient referrals.

The Department of Justice needs whistleblowers to report fraud involving the payments of kickbacks to doctors to induce referrals of patients

On March 21, 2019, DOJ announced that MedStar Health paid $35 million for allegations that paid kickbacks to a Cardiology Group in exchange for referrals and for medically unnecessary stents.  The case couldn’t have been resolved without 3 whistleblowers who were cardiac surgeons.  The whistleblowers received a reward for stepping up and reporting the wrongdoing to the Government through their attorneys.

Guidance is available for how to blow the whistle on your employer or a competitor.  Reaching out to a former prosecutor who represents whistleblowers is a helpful first step.  An attorney can guide you through the process, assist you with documenting your concerns, answer your questions and instruct you on the nature and strength of evidence you do have.  A good whistleblower attorney will provide you a free consultation.  You should seek out an accomplished attorney as soon as you have concerns, and while you are still employed by the company where you believe there is wrongdoing.  Bottom line:  don’t do it alone.  Get an expert opinion from a prosecutor who’s tried False Claims Act cases and has significant experience under their belt.

The Department of Justice is continuing to fight the ongoing drug epidemic by pursuing companies and individuals that fraudulently compound medications, according to a DOJ press release issued on March 15, 2019.  DOJ charged 7 people in a $50 million health care fraud conspiracy targeting state health benefits programs.   DOJ needs whistleblowers to step forward and report fraud involving compounded drugs, which can lead to patient harm.

Guidance is available for how to blow the whistle on your employer.  Reaching out to a former prosecutor who represents whistleblowers is a helpful first step.  An attorney can guide you through the process, assist you with documenting your concerns, answer your questions and instruct you on the nature and strength of evidence you do have.  A good whistleblower attorney will provide you a free consultation.  You should seek out an accomplished attorney as soon as you have concerns, and while you are still employed by the company where you believe there is wrong-doing.  Bottom line:  don’t do it alone.  Get an expert opinion from a prosecutor who’s tried False Claims Act cases and has significant experience under their belt.

The authors represent whistleblowers / Renée Brooker (former Assistant Director for Civil Frauds/Justice Department) reneebrooker@finchmccranie.com (202) 288-1295 / Eva Gunasekera (former Senior Counsel for Health Care Fraud/Justice Department) eva@finchmccranie.com.

The authors represent whistleblowers / Renée Brooker (former Assistant Director for Civil Frauds/Justice Department) reneebrooker@finchmccranie.com (202) 288-1295 / Eva Gunasekera (former Senior Counsel for Health Care Fraud/Justice Department) eva@finchmccranie.com

DOJ settled a case involving drug screening and testing fraud of Medicare patients involving a psychiatrist and mental health clinic, according to a DOJ press release issued on March 15, 2019.  DOJ needs whistleblowers to step forward.

Guidance is available for how to blow the whistle on your employer or a competitor.  Reaching out to a former prosecutor who represents whistleblowers is a helpful first step.  An attorney can guide you through the process, assist you with documenting your concerns, answer your questions and instruct you on the nature and strength of evidence you do have.  A good whistleblower attorney will provide you a free consultation.  You should seek out an accomplished attorney as soon as you have concerns, and while you are still employed by the company where you believe there is wrongdoing.  Bottom line:  don’t do it alone.  Get an expert opinion from a prosecutor who’s tried False Claims Act cases and has significant experience under their belt.

The authors represent whistleblowers / Renée Brooker (former Assistant Director for Civil Frauds/Justice Department) reneebrooker@finchmccranie.com (202) 288-1295 / Eva Gunasekera (former Senior Counsel for Health Care Fraud/Justice Department) eva@finchmccranie.com (202) 641-3804

The False Claims Act is a Fail Safe for Attacking the Opioid Crisis – DOJ needs whistleblowers to step forward.

The False Claims Act is needed to fight the opioid crisis with the help of whistleblowers. While it may be a blunt tool compared to sensible laws aimed at addressing the root causes of addiction, the False Claims Act will address the terrible economic and health effects of opioids wrought by wrongdoers willing to exploit others for financial gain—just as it was used effectively during the financial crisis.

Through a $465 million settlement, Finch McCranie’s Michael A. Sullivan and James J. Breen of the Breen Law Firm successfully represented a whistleblower whose qui tam case under the False Claims Act helped return hundreds of millions to the United States and various states for Medicaid rebates underpaid on new EpiPen products introduced in 2009.

The Department of Justice announced the settlement on August 17, 2017, of two qui tam cases pending in the District of Massachusetts, United States, et al. ex rel. sanofi-aventis US LLC v. Mylan Inc., et al., and our case, United States, et al. ex rel. Ven-A-Care of the Florida Keys, Inc. Mylan Inc., et al..

These cases illustrate the importance of the False Claims Act to uncover and stop fraud and false claims in health care and other industries, which harm taxpayers by stealing taxpayer dollars needed to provide medical care and other services.

Today the Department of Justice announced the largest settlement in its history with a skilled nursing facility chain–a qui tam whistleblower case under the False Claims Act that our firm and our co-counsel Mark Simpson worked side-by-side with DOJ to prepare for trial.

We applaud the exceptional work of DOJ’s attorneys, as well the outstanding attorneys of the U.S. Attorney’s Office for the Eastern District of Tennessee.  Below is our press release on today’s settlement:

$145 Million Settlement in Groundbreaking Health Care Fraud “Whistleblower” Case by Atlanta’s Finch McCranie LLP and U.S. Department of Justice

This past week our firm’s Larry D. Thompson,  the former Deputy Attorney General of the United States, joined me for a panel discussion that I moderated on “The False Claims Act at 30,” at the annual Taxpayers Against Fraud Annual Conference in Washington, D.C.

Joining us on the panel were the Department of Justice’s Renee Brooker, an Assistant Director in the Civil Division with 25 years of DOJ experience; James J. (Jim) Breen, an accomplished qui tam lawyer whose cases have recovered almost $4 billion for federal and state taxpayers; and Neil Getnick, Chairman of TAF and an accomplished FCA lawyer in his own right.

Larry provided his observations about the importance of meaningful compliance programs to prevent and detect fraud within organizations.  He continues to share his perspective gained from years of government service, private practice, and as general counsel to a major corporation, with in-house counsel who contact him for advice.

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