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Experienced Mississippi Whistleblower Lawyer Discusses Taping Conversations

The U.S. Department of Justice only prosecutes the strongest whistleblower cases under the False Claims Act and other federal whistleblower laws. As we all know, with the advent of the smartphone, almost everyone has an audio recorder at their fingertips at all times. Audio recordings often make up the most reliable evidence in any case, especially when a person involved in an illegal act admits to the conduct in question on tape. Clients here in Mississippi often ask me whether they can make secret recordings in the workplace to bolster their case. The second question is whether they should make those tapes. This is almost always a difficult discussion and decision, and there is no one answer for every potential whistleblower case. Because these questions come up so often, I have written the following blog post as an overview.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions about taping as well as many others.  Contact Barrett Law now at (800) 707-9577 to attain the advice you need.

Can I Secretly Tape in My Workplace in Mississippi?

Under Mississippi law, it legal to secretly tape a conversation as long as one party to the discussion is aware of the taping. In layperson’s terms, that means you can tape a conversation that you are present for but cannot “bug” a room or vehicle where a conversation will occur outside your presence.  The rules around taping conversations vary from state to state, and the above is limited to Mississippi.  In a nutshell, yes, you can tape some conversations at work.  But should you?

Should I Secretly Tape in My Workplace in Mississippi?

As we all know in life, just because you can do something does not mean that you should.  While we all fantasize about recording our employer making a “smoking gun” statement about some fraud against the U.S. government, it is rarely that simple.  First, most fraud against the government is committed by a group of people playing separate, discrete rolls. It is unlikely that you will be able to tape statements made by a mastermind or Bond-villain disclosing the blueprint for the fraud. Second, eliciting admissions is more complicated than it seems, and you may tip off your employer that you are thinking of becoming a whistleblower.  If you tip them off, you may just be providing them with an opportunity to cover up the fraud and destroy relevant documents.  Many people who are committing fraud are at least passively on the lookout for anyone trying to uncover their behavior. Finally, you may also make lots of tapes that do not support your case. Eventually, these statements will also be evidence in any whistleblower case and may weaken your position. Accordingly, there may be cases and times when recording makes a lot of sense, but the decision to tape should be made in coordination with an experienced whistleblower attorney who can provide you with advice about how to move forward in a way that best serves your interests.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case? It is foolhardy to start making tapes in hopes of catching your employer making “smoking gun” admissions without first speaking with an experienced whistleblower attorney. The reward for submitting a successful claim can be significant, here half a million dollars, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Whistleblower Lawyer Discusses Recent Pain Clinic Cases

As I have stated in other blog posts, any fraud or kickback in the medical field implicates the False Claims Act’s whistleblower provisions.  That is because almost every aspect of the medical field receives some government funding. The False Claims Act prohibits any type of fraud against the federal government, so if you are a physician, nurse, or any other kind of medical staff, you may be entitled to a tremendous reward if you successfully notify the federal government of that fraud.  But remember, only the first person who successfully advises the government will receive the 15% to 30% of whatever the government recovers as a result of the whistleblower claim.  If you delay in making your claim or make a claim that fails to catch the U.S. Department of Justice’s attention, you may end up with nothing. I noticed the following medical whistleblower case recently and thought it would resonate with those of you here in Mississippi who are considering bringing fraud in the medical profession to light.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation.  Contact Barrett Law now at (800) 707-9577 to attain the advice you need.

The Facts of the Whistleblower Cases

A chain of Tennessee pain clinics was fraudulently inflating prices and charging Medicare for unnecessary drug tests for years. The fraud ranged into the millions of dollars and would have gone unchecked except for doctors and physician’s assistant that bravely blew the whistle on this conduct. The patients were unaware of the fraud, as the high costs for their tests were borne entirely but U.S. taxpayers.

These medical professionals notified the Department of Justice that the pain centers, National Spine and Pain Centers and Physical Medicine Associates, were unnecessarily charging Medicare for a full panel of drug screens and follow-up screens in situations where the entire panel was unnecessary or where the patient had passed the first drug test. As a result of the whistleblowers, both companies agreed to pay $3 million in fines to settle the case against them.

The False Claim Act prohibits inflating prices, charging for unnecessary services, and providing the government with sub-standard products.  Here, the medical professionals became aware of the government being billed for drug screening tests that were not only unnecessary, but that were being billed at rates four to five times what the real price should have been. Through careful pleading, these whistleblowers were the first to notify the federal government of the price gauging, entitling them to a significant financial reward.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you a doctor, nurse, physician’s assistant, or other medical professional considering filing a whistleblower case?  While the reward for submitting a successful claim can be significant, you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Whistleblower Lawyer Discusses the Statutes of Limitations Related to Wartime

As I have written in other blog posts, the False Claims Act was enacted during the Civil War to prosecute those who tried to profit off of selling low-grade or faulty supplies to the U.S. government.  This remains a problem in modern America as well.  One problem with prosecuting people who are bilking the government during wartime is that the ongoing war makes filing a qui tam case, collecting evidence, and pursuing the case extremely inconvenient.  As a result, during World War I and II Congress passed the Wartime Suspension of Limitations Act, which was initially enacted to extend the statute of limitations for war-related criminal fraud that the Government was unable to prosecute because of the war-time conditions.  The current version of the WSLA suspends the statute of limitations for “any offense against the laws of the United States.” The United States Supreme Court recently issued an opinion limiting exactly what “suspending the statute of limitations” means in the False Claims Act context.

Are you considering becoming a whistleblower?  You will need the help of an experienced whistleblower attorney to guide you through the process.  Contact Barrett Law now at (800) 707-9577 to attain the advice you need.

The U.S. Supreme Court’s KBR decision came to two significant conclusions related to the False Claims Act.  In the KBR case, a whistleblower named Benjamin Carter brought a whistleblower claim against Kellogg, Root & Brown and Halliburton, alleging that they were billing the U.S. government for water purification work they were not performing in the Middle East during the Iraq and Afghanistan wars.  He made his first claim in 2006 and his final claim in 2011.  The False Claims Act has a six-year statute of limitations with a ten-year maximum. The defendants claimed that Carter’s case violated the False Claims Act’s statute of limitations, while Carter contended that that the WSLA suspended the statute of limitations.

The Supreme Court unanimously held that the WSLA suspends the statute of limitations for the U.S. government to prosecute crimes against the government, but does not suspend that same statute of limitations for civil claims brought by a whistleblower.

The Supreme Court’s holding underscores the importance of bringing a timely claim within the False Claims Act’s statute of limitations.  While many argue that a civil suit brought by a whistleblower is really a claim brought on the U.S. government’s behalf, the Supreme Court did not agree, holding the line on what they see as a generous statute of limitations under the False Claims Act.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case?  The reward for submitting a successful claim can be significant, 15% to 30% of any amount recovered by the government, but you will only receive this sort of award with the help of an experienced whistleblower attorney. As the above analysis demonstrates, a solid case brought too late may be worthless. A whistleblower does not have an endless amount of time to file his or her claim, and you should consult with an experienced whistleblower attorney immediately if you believe you may be a whistleblower. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses Whistleblowing About Physician Compensation

Physicians enjoy one of the United States’ highest paying professions.  There are strict rules, however, regarding how physicians are compensated and, importantly, what services federal programs like Medicare and Medicaid can be billed for. Whenever federal programs like Medicare or Medicaid are involved, there is an opportunity for whistleblowers who are willing to come forward and report fraud against the federal government bravely. One of the prohibited acts under the False Claims Act is receiving kickbacks in return for referrals of work.  Physicians cannot funnel patients towards certain providers in exchange for bonuses, financial incentives, or other valuable perks.

Are you considering becoming a whistleblower?  You will need the help of an experienced whistleblower attorney to guide you through the process.  Contact Barrett Law now at (800) 707-9577 to attain the advice you need.

Are You Aware of Physician Referral Fraud?

A recent False Claims Act involving Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively “Halifax”) demonstrates some key points to look for when asking whether the physician compensation you are aware of violates the False Claims Act.  It is important to note that this case settled and that Halifax and the Department of Justice agreed that Halifax would pay $85 million.  The whistleblower in this case is entitled to 15% to 30% of that settlement, a massive award.

Here, physicians in Halifax’s oncology group divided a large bonus pool based both on how much they worked and how much work they referred to other providers.  The court found that this payment plan was not an allowable bonus based on services that the oncologists personally performed as the law requires, but instead was a bonus divided up based on services individually performed by the group. The bonus was determined based on factors in addition to personally delivered services – including revenue from referrals.  The fact that each oncologist could increase his or her share of the bonus pool by performing more services did not diminish the fact that the pool and each bonus could be increased simply by making more referrals. In short, pay, and billing must be directly related to work performed, not others’ work or referrals.

Accordingly, if you are working in a medical environment where pooled compensation is unconnected to services personally performed and is, at least partially, based on referrals to other providers, you are likely witnessing a violation of the False Claims Act’s anti-kickback provisions.  This is a technical legal area, and you will require the help of an experienced False Claims Act attorney to help you file your claim.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case?  The reward for submitting a successful claim can be significant, 15% to 30% of any amount recovered by the government, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice receives thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses “Reverse” False Claims Act Claims Against Importers

There has been a lot of discussion of trade and tariffs in the news lately, which has direct links to the False Claims Act.  When a country imports products or materials and has tariffs or duties placed on those materials, the country is obligated to pay a certain amount of money to bring the product across the U.S. border.  When a country somehow circumvents that duty to pay tariffs and duties, it is denying the U.S. government revenue.  When that circumvention occurs due to some fraudulent activity, this is called a “reverse” False Claims Act case.  Unlike a traditional False Claims Act case where a supplier violates the terms of a contract by supplying faulty or substandard materials to the U.S. government, in a “reverse” False Claims Act case the supplier avoids paying any money by not entering into any contract at all.  The following is an example of a reverse False Claims Act case that illustrates this point.

Are you considering becoming a whistleblower? Have you witnessed importers lying to the federal government while bringing a product or material across the border?  You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation.  Contact Barrett Law now at (800) 707-9577 to attain the advice you need.

A Reverse False Claims Act Case Involving Importing Goods Across the Border

In the case United States ex rel. Valenti v. Tai Shan Golden Gain Aluminum Products Ltd., et al., Case No. 11-cv-368 (M.D. Fla.), the U.S. Department of Justice forced the defendants to pay $3 million to settle a False Claims Act case brought by a whistleblower.  In this case, the defendants were importing aluminum into the United States to be used in the construction of bathroom shower door frames.  The defendants claimed that the aluminum originated in Malaysia when in fact it originated in China and merely passed through Malaysia en route to the United States.  This was a significant misrepresentation, as Chinese aluminum was subject to substantial trade duties, while Malaysian aluminum was not. In essence, the defendants’ misrepresentations ended up defrauding the U.S. government out of money it was due.

This is “reverse” whistleblower case because there was no contract or financial agreement between the defendants and the U.S. government; however, if the defendants had been honest about their importing, a financial approval would have been required.  Their attempt to subvert that agreement amounted to fraud and a violation of the False Claims Act. A whistleblower came forward and alerted U.S. Customs that the defendants were bringing aluminum into the U.S. without paying appropriate customs.  As a result, the whistleblower received a reward of $555,100.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case?  The reward for submitting a successful claim can be significant, here half a million dollars, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice receives thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses the College Admissions Scandal

Americans have been abuzz with a whistleblower case concerning college admissions. Wealthy parents have been paying a fake nonprofit corporation to either have paid test-takers boost their children’s college admission test scores or to have college coaches claim that their children were top athletes deserving of special admissions considerations. The universities involved are some of the tops in the nation, including Stanford and Yale, along with some second-tier colleges such as USC, Georgetown, and the University of Texas. This entire enterprise was brought down by a single whistleblower and has snared dozens of people, including top college coaches, attorneys, and several Hollywood stars.  Because this case has received so much press, I have devoted a blog post to describing its facts.

Are you considering becoming a whistleblower?  You will need the help of an experienced whistleblower attorney to guide you through the process.  Contact Barrett Law now at (800) 707-9577 to attain the advice you need.

A Three-Part Scam

As part of operation “Varsity Blues,” the Department of Justice has announced charges against dozens of individuals for participating in a long-running college admissions scam.  The scam had three different components.  First, some parents paid to have someone else take their child’s ACT or SAT for them.  That involved the child being diagnosed with a disability and receiving more time on the test as an accommodation.  Once the child received more time, crooked test administrators allowed fake adult test-takers to take the test in the child’s place, boosting his or her score considerably.

Second, other parent paid to have a false athletics profile created for their children.  Coaches at prestigious colleges were then able to subvert the regular admissions process, bringing in these “athletes” through the recruiting process.  The coaches were paid huge bonuses to “recruit” these students, who were not athletes and never joined the athletics teams once they were admitted.

Finally, the parents involved in both of the above schemes were then allowed to present their bribes and fees as tax-deductible donations to the ringleader of this scam, William “Rick” Singer, who ran a college counseling business for the well-heeled. He allegedly collected over $25 million as part of his scheme. While all of the above remains allegations at this point, the evidence supporting the allegations, including audiotaped conversations between Singer and the parents, coaches, and administrators, is damning.

This entire scheme was reported by a whistleblower being criminally investigated for other illegal acts. His confession to the Department of Justice, in that case, piqued law enforcement’s interest in this case, which involves, wire fraud, tax fraud, and conspiracy charges for dozens of players.  Thus far, no children who received academic preference as a result of the scam have been charged.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case?  The reward for submitting a successful claim can be significant, 15% to 30% of any amount recovered by the government, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The IRS Whistleblower Office receives thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced Mississippi Whistleblower Lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses Recent $75 Million False Claims Act Case

I have written about it in other blog posts, but I love the history of the False Claims Act. Here is a law in use today that was signed into being by Abraham Lincoln.  Lincoln created the False Claims Act to prevent individuals and companies from overcharging or profiteering off of the U.S. government during the Civil War.  Over one hundred and fifty years later and the law is still being used for precisely the same purpose.  One of the most potent tools in the False Claims Act is the whistleblower provision that provides the person who notifies the government of fraud to keep a large percentage—15 to 30 percent—of whatever the government collects as a result of prosecuting the case.  In the recent False Claims Act case below, the U.S. Department of Justice followed up on the same kind of tip that President Lincoln worried about, a company rigging bids to end up rigging the cost of fuel that the U.S. military paid.  I will discuss the case more fully below.

If you are considering becoming an IRS whistleblower here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.

The Hyundai Oilbank Case

Hyundai Oilbank Co. Ltd. And S-Oil Corporation worked to rig the bidding process for supplying fuel to the United States Army, Navy, Marine Corps, and Air Force bases in South Korea. The Department of Justice took over the investigation from a qui tam case filed by an individual with knowledge of the conspiracy to bilk the U.S. military.  In a nutshell, the two companies conspired with others to make sure that the price of oil supplied to the U.S. government in South Korea remained unnaturally high.  As a result, the U.S. government paid substantially more than it would have in a competitive bid environment.  That expense ultimately was passed along to the U.S. taxpayer.  Due to the whistleblower alerting the Department of Justice to the oil companies’ scheme, they have agreed to pay $75 million in a settlement, and the whistleblower, in this case, is entitled to 15% to 30% of that amount.  Other individuals participating in this scheme have been charged criminally.

The whistleblower in this case risked his or her career to make this claim and will receive a tremendous amount of money as a result.  But becoming a whistleblower is not as easy as just calling in a tip to the Department of Justice.  They receive thousands of potential whistleblower tips every year and only follow up on a small percentage. To catch the Department of Justice’s attention, as this whistleblower did, you will need the assistance of an experienced False Claims Act attorney to draft your complaint in a way that catches the Department of Justice’s attention and paints a picture of a case that is worth directing their scarce resources towards.

What Should You Do if You are Considering a Whistleblower Claim?

Are you considering filing a whistleblower case regarding government contracting?  The reward for submitting a successful claim can be significant, 15% to 30% of any amount recovered by the government, but you will only receive this sort of award with the help of an experienced whistleblower attorney. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the assistance of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced Mississippi Whistleblower Lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

 

 

 

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Experienced Mississippi Whistleblower Lawyer Compares the IRS Whistleblower Law to the False Claims Act

We are all starting to gather documents and receipts in preparation for tax season. We have all heard stories of corporations that pay “no taxes” or friends that claim to have found loopholes that allow them to avoid taxes. The first question I ask when I hear this is, “is what they are describing legal?” As a whistleblower attorney, the second question I ask is, “if it is not legal, what sort of reward can my clients receive for exposing that fraud?” Historically, the False Claims Act, which rewards whistleblower for exposing fraud against the United States government and for retaliation based on that exposure, has excluded claims based on individuals’ underpayment or failure to pay taxes. However, Congress created an Internal Revenue Service whistleblower law in 2006 that allows private individuals to become whistleblowers.

If you are considering becoming an IRS whistleblower here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.

The IRS Whistleblower Program

As of 2006, the IRS Whistleblower law set up a rewards program for private individuals who are aware of tax underpayments and violations of internal revenue laws. Again, this was significant changes, as the False Claims Act prohibited tax whistleblowing regarding violations of the Internal Revenue Code. Like the False Claims Act, whistleblowers who are reporting fraud allegations can receive an award of between 15% to 30% of penalties that the government recovers.

There are significant differences between the False Claims Act and the IRS Whistleblower Law, however. Under the IRS Whistleblower Law, whistleblower reports are handled by the IRS Whistleblower Office, and disputes may be appealed to the Tax Court. This is a significant difference from the False Claims Act, where a whistleblower action must be filed as a legal claim in federal court, where the U.S. Department of Justice then prosecutes it.

Another significant difference between the two laws is that the IRS Whistleblower Law has a minimum violation threshold requirement, while the False Claims Act can be brought against fraud of any amount. The IRS Whistleblower Law only applies in cases of individual taxpayers to only those individuals with a gross income above $200,000 for the relevant taxable year and when the penalties connected to the dispute exceed $2 million. That is a significant threshold, so you will not be able to be a whistleblower just because you are aware your brother-in-law claimed his beer-strewn mancave as a home office tax deduction.

What Should You Do if You are Considering an IRS Whistleblower Claim?

Are you considering filing a whistleblower case regarding underpayment or nonpayment of taxes the IRS?  The reward for submitting a successful claim can be significant, 15% to 30% of any amount recovered by the government, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The IRS Whistleblower Office receives thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful IRS whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses New U.S. Attorney General William Barr’s Effect on Whistleblower Cases

The United States has a new Attorney General, William Barr. After eroding former U.S. AG Jeff Session’s authority to the point that he was more the butt of a joke than the nation’s top law enforcement official, President Trump nominated Barr, President George H.W. Bush’s former AG. Barr was confirmed in January, meaning that he now has the job.

You may be wondering why I am focusing so closely on Barr. Remember that whistleblower cases, whether they are filed under the False Claims Act, the IRS Whistleblower Law, or Dodd-Frank are all creatures of federal law. In particular, the False Claims Act, a 150-year-old law written to prevent war profiteering, must be prosecuted by the U.S. Department of Justice. Barr is now the head of that department. In the past, when he was an Assistant U.S. Attorney General, Barr argued that the False Claims Act’s whistleblower provisions were unconstitutional and called them an “abomination.” That is deeply troubling, given the tremendous amount of fraud that the False Claims Act has prevented and caught since the Civil War.

If you live in Mississippi and are aware of fraud occurring against the federal government, you should consider becoming a whistleblower. To attain the advice you will need to meet success, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (800) 707-9577 to attain the required guidance.

Why Barr’s Appointment is Troublesome

Back in 1989, then Assistant AG Barr wrote a substantial memorandum arguing that the False Claims Act’s whistleblower provision unconstitutional. In his memo, Barr argued that the DOJ should push the courts to invalidate it. This was an internal memorandum, but it eventually leaked to the press in 1993.  Perhaps most disturbing is his argument that whistleblowers were “inter¬ested only in money, not in the faithful execution of the laws.” That is an extremely troubling sentiment, as whistleblowers take tremendous risks to expose violations of the law. Accordingly, to characterize them as the villain is to distort reality completely.

The reality is that the U.S. Department of Justice acts as a check on any illegitimate False Claims Act case. These cases are routinely taken over by the DOJ once a whistleblower files them and the agency has the power to dismiss claims outright. In fact, the DOJ just urged the federal courts to dismiss over a dozen allegedly fraudulent whistleblower cases, aptly demonstrating their ability to separate the legitimate from the illegitimate cases. Finally, authority to review and approve whistleblower settlements rests with the DOJ, preventing any unjust enrichment of whistleblowers.

In his confirmation hearing, AG Barr stated under oath that he would take no action as AG to undermine U.S. whistleblower laws. I will take him at his word. Regardless, the years that have followed his arguments against the False Claim Act’s whistleblower provision have only seen the law strengthened. Courts have reviewed several challenges to the constitutionality of the whistleblower provision, and all have found it to be constitutional, including the U.S. Supreme Court. Because law is built on precedent—each court decision must be based on those that came before it—I am confident, regardless of what any AG says, that the False Claims Act’s whistleblower provisions are here to stay.

What Should You Do if You are Considering a Whistleblower Claim?

Are you considering filing a whistleblower case regarding falsification of government contracts or services?  The reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered, but you will only reap this sort of award with the help of an experienced whistleblower attorney. The United States Department of Justice gets thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Whistleblower Lawyer Explains Illegal Hospice Kickbacks

Hospice care is end-of-life medical care and emotional support for dying individuals and their families. If you have ever gone through hospice with a family member, you know that it an extremely vulnerable time for everyone involved. It is not an area of medicine that I usually associate with fraud, but as I have said before in other blog posts if government money is involved, there are opportunities for fraud. And if there is fraud involving government money, there is an opportunity to become a whistleblower.

If you knowingly sell the government a product that does not meet government specifications—whether it is a missile, a mammogram machine, or mortgage-backed security—you are violating the False Claims Act, a 150-year-old law written to prevent war profiteering. You also cannot bilk the federal government by overcharging for services or pay kickbacks to attain contracts you aren’t entitled to. Because patients immersed in the hospice process are so vulnerable, there is a tremendous opportunity to defraud them or to entice them or their families to purchase unnecessary services.  If you are considering becoming a whistleblower here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.

Hospice Care, an Overview

Hospice care commences when a patient is certified as “terminally ill.”  “Terminally ill” means that a person has less than six months to live and will no longer benefit from curative medical care. A patient is typically certified for hospice care for 90 days, which can be renewed for another 90 days afterwards.

Types of Hospice Care Kickbacks

There is a broad diversity of the kinds of hospice fraud, including kickbacks.  Kickbacks occur when a person exchanges money, services, or goods in exchange for another business directing customers towards their business.  Hospice kickbacks traditionally arise when a hospice provides free or heavily discounted nursing services to a nursing home. Hospice offers these services with the understanding that the nursing home will push the patient towards the hospice facility when he or she becomes terminally ill. Another classic type of kickback involves providing nursing homes with free or discounted goods in exchange for patient referrals. Finally, sometimes hospice services refer patients to nursing homes, expecting similar treatment in return.

These types of kickbacks are illegal because they give the hospice provider an additional advantage over competition based on the benefits provided to the nursing home, not on their superior performance. This sort of strategy to gain financial or market advantage is illegal under the False Claims Act. If you have witnessed these sorts of kickbacks, you may be able to attain a substantial reward as a whistleblower.

What Should You Do if You are Considering a Hospice Fraud Whistleblower Claim

Are you considering filing a whistleblower case regarding hospice care kickbacks or any other area of the health care industry?  The reward for submitting a successful claim can be massive, but you will only reap this sort of award with the help of an experienced whistleblower attorney. The United States Department of Justice gets thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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