Better Know an FCA: Virginia’s Qui Tam Statute

6 July 2010

Vendors beware! In this first part of a fifty-part series on state false claims acts, we take a closer look at Virginia’s Fraud Against Taxpayer’s Act or FATA.* What’s so special about Virginia’s FATA? While the FATA is nearly identical in many respects to the federal False Claims Act (“FCA”), the FATA drills down a […]

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Michael Mann v. Ken Cuccinelli: Is Academic Freedom a License to Lie?

6 July 2010

Does “academic freedom” include the right to falsify data in government grant applications? One might think so, to hear Rachel Levinson Waldman, senior counsel for the American Association of University Professors. She (and 810 Virginia professors) have objected to Virginia Attorney General Ken Cuccinelli’s civil investigative demand or “CID” (shown below) that the University of […]

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Pfizer Pharma Settlement Nets Whistleblowers $102 Million

1 October 2009

On September 2, 2009, the Justice Department announced the historic  $2.3 billion settlement of its Medicare and Medicaid fraud case against Pfizer and its subsidiary Pharmacia & Upjohn Company.  The lawsuit stemmed from Pfizer’s practice of marketing its drugs for off-label uses. Individual whistleblowers — known as “relators” in a qui tam whistleblower suit — often […]

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Graham County Soil & Water

4 April 2009

The federal False Claims Act (FCA) encourages private whistleblowers to sue, usually in partnership with the U.S. Department of Justice, to recover federal funds allegedly misspent by individuals, companies or local government agencies. Rewards for blowing the whistle can be very substantial — up to 30% of the government’s recovery plus attorneys fees — but […]

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MedQuist medical transcription whistleblower case settles for $6.6 million

9 December 2008

The U.S. Department of Justice announced, December 3, that MedQuist, Inc. has settled two False Claims Act suits, responding to allegations of over-billing for transcription services performed between between 1998 and 2004.  False Claims Act cases often cover six years of activity because the False Claims Act statute of limitations generally extends six years from […]

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Whistleblower Radiologist to Receive $1.75 Million

14 April 2008

The Wall Street Journal reports today that a Florida medical-imaging center operator will pay $7 million to settle accusations that it billed CT scans not performed and offered doctors kickbacks for patient referrals. The radiologist whistleblower in the case, David Clayman, will receive $1.75 million for his efforts in the case.

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Surgeon Whistleblower Moves the Ball on Tuomey Regional

3 March 2008

Sumter, South Carolina orthopedic surgeon Michael Drakeford’s qui tam suit — originally filed in 2005 against Tuomey Regional Medical Center — is moving forward, according to recent reports by The State.com and Modern Healthcare Online. Dr. Drakeford was the original plaintiff. However, as is typical in whistleblower cases, the U.S. Justice Department has “intervened” as […]

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Wanted: A Whistleblower Statute for Bank & Securities Fraud

28 January 2008

The case of French bank Société Générale, in which a single trader’s off-the-reservation trades cost the bank €4.9 billion ($7.2 billion), highlights a systemic control weakness in global financial markets. No system of regulation, operated from outside and above individual companies can be expected to corral determined fraudsters on a timely basis. Friday’s Wall Street […]

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