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More Common Inquiries about Qui Tam Actions Involving Fraudulent Claims Against the Federal Government

This is the second installment in this two-part blog that answers common questions about lawsuits under the False Claims Act.  While we have attempted to address a range of issues in this two-part blog, the best way to get information about your specific situation is to talk to an experienced Mississippi False Claims Act lawyer.

How long does a whistleblower have to file a claim?

Determining the date the statute of limitations runs on a qui tam lawsuit can be complicated, so it is advisable to seek prompt legal advice if you are considering filing a claim under the False Claims Act.  The lawsuit must be filed by the later of the following dates:

  • 3 years after the government knew or should have known of the unlawful conduct but within ten years of the violation; or
  • 6 years after the unlawful conduct.

Complications in how courts have interpreted these deadlines make it important to seek advice from an experienced qui tam lawyer.

What is the justification for providing compensation to whistleblowers under the False Claims Act?

The purpose of authorizing qui tam actions is to motivate whistleblowers to disclose fraudulent and illegal conduct that government authorities would not detect without outside assistance.  Because a whistleblower potentially could face negative consequences for disclosing wrongdoing, such as job termination, financial incentives are intended to neutralize the possible negative consequences of disclosure.

What types of conduct constitute a violation justifying a qui tam action under the False Claims Act?

There are many forms of misconduct that might provide a basis for pursuing a qui tam action, but some of the most common allegations include the following:

  • Conspiring with other parties to entice the government to pay a claim
  • Knowingly presenting or causing to be presented to the federal government a claim for fraudulent or false payment
  • Causing to be used or knowingly using a false statement or record to avoid, decrease, or conceal an obligation to remit property or money to the federal government

Does the frequency and scope of schemes to defraud the government warrant authorization of qui tam claims?

Fraud committed against the government is far more extensive than many people recognize.  The Department of Justice recovered over $3.5 billion in False Claim Act judgments and settlements during 2015.  Approximately eighty percent of this amount was recovered in qui tam actions.  Some studies have found that as many as sixty percent of employees indicate they have observed fraudulent and/or unlawful conduct by their employer.

What constitutes the elements of an offense under the False Claims Act?

The required elements that must be established to prove a case under the statute include the following: (1) the defendant presented or caused to be presented a false claim for approval or payment (or a document to facilitate payment) to the federal government; (2) falsity of the claim or document; and (3) knowledge that the claim was false or reckless disregard of the truth of the claim.  The establishment of these elements proves an offense even if the U.S. government neither experiences a financial loss nor makes a payment on the fraudulent claim.

Does the whistleblower or the government control the qui tam action?

While the government has the right to step in and control the qui tam action under the False Claims Act after the “relator” (whistleblower) initiates the lawsuit, the government might decline to participate.  If the government elects not to intervene in the action, the relator remains in control of pursuing the qui tam lawsuit.

If you have discovered fraudulent conduct by your employer against the federal government, we invite you to contact us to evaluate your claim.  Our Mississippi Qui Tam Lawyers have successfully represented many relators pursuing whistleblower claims under the False Claims Act.  At Barrett Law, we are here to help.  Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

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Whistleblower Seeks Compensation and Reinstatement after Alleged Termination for Fraudulent Medicare Billings

This blog has addressed the important role that a whistleblower serves in protecting the public from financial fraud involving federal funds and illegal acts that could harm consumers.  Disclosure of this type of illegal and unethical conduct constitutes a heroic act because of the risk of retribution by companies that employ those who reveal improper activities.  Fortunately, most whistleblowers are protected to some extent by laws that make it a criminal offense to punish an employee for disclosing fraud against a public entity.

A recent case involving a pediatrician who was fired as the CEO of Architrave Health after disclosing $10 million in improper Medicare payments to doctors provides a telling example.  The CEO was terminated allegedly due to his decision to report kickbacks and improper billing by a subsidiary of Architrave to the Centers for Medicare & Medicaid Services.  The lawsuit filed by the former CEO indicates his termination was retaliation for uncovering the fraudulent billings and refusing to cooperate in preventing the information from being made public.  The complaint filed by the plaintiff alleged that the company’s board of directors “reluctantly authorized” the CEO to self-disclose the Stark Law violations.  However, the plaintiff was terminated shortly after reporting the illegal payments.  He claims that he was informed the reason for his firing was a failure to “cooperate and coordinate.”

The federal Stark Law prohibits certain referrals by physicians where a conflict of interest exist.  The law bars referral of designated health services for patients on Medicaid and Medicare when the doctor has a financial affiliation or interest in the entity receiving the referral.  Penalties for violations under the Stark law include:

  • Restitution of funds received by the provider
  • Civil penalties of $15,000 per violation for each service the physician knows or should know was a violation of the law
  • Three times the amount the entity received from the public health program
  • Payment of civil penalties for attempting to evade the law of up to $100,000 for each scheme to avoid detection

The lawsuit for the wrongful termination filed by the former CEO requests reinstatement, back pay, attorney fees, and punitive damages.  He also alleges his unjustified termination of employment resulted in losing business opportunities, future earning capacity, damage to his professional standing and reputations, as well as lost income and benefits.  The whistleblower also indicates in his complaint that he was blacklisted by Architrave.

Our Mississippi Qui Tam Lawyers understand how to use the protections provided by whistleblower laws to shield employees who disclose this type of misconduct.  At Barrett Law, our Mississippi Qui Tam Lawyers work to protect individuals who expose corrupt and unlawful practices while seeking the fullest compensation for whistleblowers.  Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions.

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Hospitals Settle Implantable Cardioverter Defibrillator False Claims Action for $257 Million

A recent massive settlement between 457 hospitals spread across 43 states and the Department of Justice (DOJ) has culminated with the medical providers agreeing to pay $257 million.  Cardiac devices implanted into Medicare patients in violation of coverage restrictions constituted the impetus for the qui tam action.  The DOJ settlement involved almost seven dozen hospital systems, including some of the nation’s largest health care systems.

The False Claim action was filed pursuant to an extensive investigation regarding excessive implantation of implantable cardioverter defibrillators (ICDs).  ICDs are implanted in the chest in the vicinity of the heart.  When the patient experiences dangerously rapid fibrillations, the medical device provides an electrical shock designed to restore the heart’s normal rhythm.  While Medicare does provide coverage for implantation of the device, the public insurance program specifies detailed risk factors and clinical indications that determine coverage.

The criteria that dictate eligibility are governed by the National Coverage Determination (NCD) system.  This protocol was adopted by the Centers for Medicare and Medicaid Services and uses a range of information to verify that treatment under the publicly funded medical program is based on scientifically established medical diagnostic and treatment regimens that are “reasonable and necessary.”  The information relied on under the NCD in making this determination regarding ICDs included but was not limited to the following:

  • Testimony & recommendations of cardiologists and other medical professionals
  • Clinical trials
  • Patient advocacy groups
  • Manufacturers of cardiac medical devices
  • Professional cardiac societies

The False Claims lawsuit was filed based on implantation in patients where use of the device was expressly excluded under the NCD.  The restrictions prohibited implantation in patients who have undergone a recent angioplasty or bypass surgery.  Implantation also is not authorized for patients who have suffered a recent heart attack.  While patients that fit these criteria can receive the heart implants, a waiting period of forty days must be observed after a patient has suffered a heart attack.  This waiting period is ninety days for patients who have undergone an angioplasty or bypass surgery.  The rationale for this delay is to ensure the heart has time to recover before undergoing the implantation procedure.

The qui tam settlement involved hospitals that performed these heart implant procedures between 2003 and 2010 without observing the mandated waiting period.  The qui tam action was filed by a cardiac nurse and health care reimbursement consultant.  The whistleblowers were awarded in excess of $38 million out of the settlement amount.

At Barrett Law, we know that whistleblowers often have concerns about retaliation that might dissuade disclosure of improper medical billing and fraud.  However, our Mississippi Qui Tam Lawyers work diligently to protect our clients from such acts under applicable state and federal laws.  Further, we work closely to ensure that our client’s degree of involvement and cooperation in pursuing a recovery results in an appropriate award.  We invite you to contact our firm today at (601) 790-1505 to schedule your free consultation, so we can answer any questions you may have regarding your qui tam lawsuit.

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Calculating Financial Recovery for a Qui Tam Action under the False Claims Act

False Claims Act lawsuits have led to the recovery of in excess of $44 billion dollars spanning a period of 1986-2014.  Whistleblowers who have commenced lawsuits have accounted for $30 billion of the amount recovered.  Further, the successful prosecution of these qui tam claims has generated more than $4.7 billion in payments to whistleblowers who have assisted the government in recovering public funds for taxpayers.  There were over 713 False Claims Act lawsuits commenced by whistleblowers in 2014 alone.  Many people weighing whether to come forward to expose fraud that results in the depletion of tax revenue are unsure how awards under the False Claims Act are calculated and paid.

While the recovery typically will be comprised of multiple types of compensation, such as a share of the money recovered or disgorged and penalties as well as reasonable attorney fees and costs.  The amount the whistleblower (referred to as the “Relator” under the False Claims Act) is entitled to be paid falls between 15 and 30 percent of the “proceeds” obtained in the qui tam lawsuit settlement or judgment.  The proceeds include the money or benefits recovered, which includes treble damages, along with penalties amounts assessed.  Where the recovery falls along the 15-30 percent continuum will depend on whether the government intervenes and the extent of the Relator’s involvement in prosecuting the case and providing information.

Evaluating the Appropriate Percentage of the Proceeds

Relators will typically obtain a far more substantial recovery if they have legal representation because evidence must be presented to justify the Relator’s percentage of the proceeds.  The minimum 15 percent sum is intended for cases where a “finder’s fee” is appropriate according to a report produced by the Senate Judiciary Committee.  Although the government frequently will argue for this minimum threshold recovery, this percentage is only intended when the Relator commences the case that leads to a recovery and takes no other role or provides no other information or evidence used to obtain the judgment or settlement.  When the involvement of the whistleblower involves providing supporting documents, testimony, and other facts and/or continuing to actively participate in the qui tam action, the recovery should be significantly higher up to a maximum of 30 percent.

Proving Right to Higher Percentage Based on Senate Factors

The experience of your False Claims Act attorney can significantly impact this percentage.  Courts frequently utilize two different systems for calculating the percentage of the proceeds to be awarded: (1) Senate report factors and/or (2) Guidelines from the U.S. Department of Justice (DOJ).  However, the DOJ guidelines do not carry the force of law, so these should only be argued to the extent they support the Relator’s claim to a more significant percentage of the proceeds.  The Senate report identifies three factors to be evaluated: (1) contribution by the Relator to the outcome of the case; (2) the “significance” (e.g. importance, relevance, and scope) of the information provided by the Relator; and (3) prior knowledge of the fraudulent activity by the government.  When filing a motion seeking the Relator’s share of the proceeds, persuasive advocacy that provides facts and evidence in these three areas is essential.

Guidelines from the U.S. Department of Justice

The DOT has its own guidelines that list potential considerations that support either increasing or reducing the amount of recovery.  The list of factors is lengthy, but examples include:

  • No knowledge of the fraud by the government
  • Extensive detail and information furnished by the Relator
  • Warning provided regarding a significant public safety concern
  • Prompt reporting of the illegal practices
  • Significant assistance during the pre-trial and investigation stages of the lawsuit
  • Discontinuation of the fraudulent activity after bringing claim
  • Relative size of the financial recovery

Our Mississippi False Claim Act Lawyers assist our clients in gathering and presenting information relevant to the approximately two dozen factors that might favor our client receiving more funds.  At Barrett Law, our Mississippi Qui Tam Lawyers work to protect individuals who expose corrupt and unlawful practices while seeking the fullest compensation for whistleblowers.  Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing car accident case.

 

 

 

 

 

 

 

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Five Important Facts Mississippi Whistleblowers Should Know

Our Mississippi Qui Tam Lawyers have represented whistleblowers in different types of claims involving attempts to defraud the government through a wide range of practices.  Because the qui tam process usually involves many factual and legal issues that present potential obstacles to a successful recovery, whistleblowers need to be aware of certain information to avoid missteps that can derail their whistleblower lawsuit.  This blog outlines five key facts claimants should know about protecting their rights and navigating qui tam claims.

Documentary Evidence Supporting Claims Is Key.

While government prosecutors and judges are motivated to recoup funds misallocated by the fraud of others, there is a general assumption that the vast majority of businesses do not engage in lawbreaking behavior.  When you discuss your situation with an attorney, it is advisable to have tangible evidence to support your claim.  Most successful whistleblower cases depend on more than just testimony by the party disclosing the illegal or fraudulent conduct.  Written documentation like medical records, emails, reports, data, financial records, billing statements, and notes typically is essential to prevail in qui tam actions.

The Scope of Qui Tam Liability Has An Expansive Reach.

Qui tam claims have existed since the Civil War, which is why the False Claims Act is called Lincoln’s Law.  However, recent modifications to the law and the enactment of other state laws that encourage whistleblowers to reveal fraud schemes against local and state government entities have expanded the reach of qui tam liability.  Federal laws now also allow qui tam claims to be brought based on banking fraud, unlawful securities activity, and tax fraud.  Government entities widely recognize the valuable role served by whistleblowers, so laws have been enacted to incentivize disclosure and provide legal protections to whistleblowers of a wide spectrum of fraudulent activity.  If you are aware of fraud committed against the government, it is worth seeking legal advice even if you are not specifically aware if the particular scheme is covered under a whistleblower law.

The Expertise, Knowledge, And Skill Of Your Attorney Makes A Difference.

The area of qui tam law is complicated and extremely technical, so it is essential to work with one of the small number of attorneys across the country who have a significant amount of experience handling these legal claims.  Successful prosecution of a qui tam claim involves both the extensive financial resources for document review and analysis, expert witnesses, forensic accountants/investigators, and other significant litigation costs.  Law firms that handle these claims also need sufficient manpower that includes both attorneys and support staff to gather, review, and analyze evidence.  When whistleblowers evaluate legal counsel, they should consider their specific experience with successful qui tam claims, litigation resources, and their understanding of the human side of these cases, such as concerns about employer retaliation.

Prompt Action Is Critical When Pursuing a Qua Tam Claim.

Since most laws that authorize whistleblower actions, such as the False Claims Act have a “first-to-file” rule, delay in seeking legal advice and initiating a qui tam claim can mean forfeiture of the right to a financial award.  While this does not mean a claim should be rushed prematurely, only the party who first files a claim disclosing fraud against the government is entitled to receive an award based on the public funds recovered.  This rule narrowly restricting who qualifies for an award necessitates obtaining legal counsel as early as possible.

The Act of Bringing a Qui Tam Lawsuit Is A Heroic Act.

Whistleblowers who expose individuals and businesses that defraud the government and endanger public safety are heroic because they risk potential retribution by their employers to protect the public interest.  The U.S. Department of Justice (DOJ) reports that the federal government has recovered $39 billion in taxpayer funds between 1987 and 2014 just under the False Claims Act.  While individuals who have exposed attempts to defraud the federal government under this statute have been rewarded with about $3.6 billion since 2001, the process can be long and arduous, so individuals that bring qui tam actions should be commended for their sacrifices.

At Barrett Law, our Mississippi Qui Tam Lawyers understand that individuals under the False Claims Act and other qui tam laws have concerns about reprisals by their employers, but we work with our clients to help protect their interests and maximize their award.  Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing car accident case.

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Novartis Agrees to $390 Million False Claims Act Lawsuit

Novartis, the Swiss based multinational pharmaceutical company, has entered into a settlement agreement that requires the company to pay $390 million resulting from a False Claims Act lawsuit filed by a former sales manager.  The former employee blew the whistle on Novartis, one of the world’s largest pharmaceutical companies in terms of gross sales, for using kickbacks to bribe specialty pharmacies into inducing patients to refill Novartis drugs.  The settlement between the U.S. division of Novartis and the federal government as well as forty states was based on the practice of issuing kickbacks to dispense costly Novartis medications.  According to Reuters, the pattern of kickbacks extended from 2007 to 2012.

The False Claims Act lawsuit alleged that six different drugs were involved in the kickback scheme.  Specialty pharmacies were incentivized to push Novartis drugs to increase the number of refills of the medications.  More patients were allocated to those specialty pharmacies that were successful in pushing patients to refill the applicable expensive Novartis drugs, such as Exjade (an iron chelation drug) and Myfortic (a transplant drug).  The lawsuit also alleged that Novartis encouraged specialty pharmacies to minimize the potential side effects and risks associated with their medications.  Pharmacies were motivated to achieve shipping targets for the medications on a quarterly basis.  Allegations in the qui tam action also indicated that Novartis relied on what were referred to as “score cards” that indicated which pharmacies kept patients on the companies drugs for the longest period.

Bioscrip, one of the specialty pharmacies involved in the scheme, provided government prosecutors with information regarding their improper financial relationship with Novartis.  Representatives of Bioscrip reportedly admitted pushing patients to refill Exjade at the urging of Novartis.  Although Bioscrip also was ordered to pay $15 million, the company presumably received more lenient penalties in exchange for its cooperation with the DOJ.  Evidence also was provided by Accredo Health Group, Inc. which acknowledged setting up kickback that amounted to approximately $60 million according to settlement documents.

Despite the significant financial penalties leveled against Novartis, they brazenly continue to engage in the underlying conduct that motivated the qui tam action.  A Wall Street Journal report indicates that Joseph Jimenez, the Novartis CEO, defended the rebates to specialty pharmacies as a system intended to encourage patients to complete their course of treatment.  The pharmaceutical executive also claimed that the conduct is a common industry practice because pharmacies need to play a role in promoting patient adherence.

The recalcitrant stance taken by the drug company is easy to understand based on financial data.  The company’s 2014 annual report indicated that the drug manufacturer reported $58 billion in net sales and nearly $11 billion in free cash flow.  The massive profits generated by the drug company’s elicit practices explain its willingness treat massive fines as a cost of doing business while persisting in fraudulent schemes that endanger the public.

The whistleblower who filed this lawsuit will receive a significant award for filing this action under the False Claims Act.  Whistleblowers who reveal these types of pharmaceutical industry practices serve a vital function by promoting public safety and exposing fraud.  At Barrett Law, our Mississippi Qui Tam Lawyers work to protect individuals who expose corrupt and unlawful practices while seeking the fullest compensation for whistleblowers.  Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing car accident case.

 

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Mississippi Qui Tam Lawyers Answer Your Frequently Asked Questions About the Federal False Claims Act

The following is a look at some questions most commonly asked by Mississippi whistleblowers or potential whistleblowers concerning the Federal False Claims Act.  Your licensed whistleblower attorney can provide you with individualized information and an assessment of your potential qui tam action.

What is the False Claims Act?

The False Claims Act is a federal law originally enacted during the Civil War.  This law makes it illegal for any person or entity to defraud the U.S. government.  Whistleblower or qui tam provisions are found within the act.  These provisions offer legal incentives to encourage individuals who are aware of fraud occurring against the government to step forward and reveal this critical information.

What does qui tam mean?

Many people are not familiar with the term “qui tam.”  Qui tam is actually a Latin phrase which roughly translates into English as “he who brings an action for the kings as well as himself.”  Qui tam is the title of the whistleblower provisions with the False Claims Act, and it allows civilians to file claims against wrongdoers on behalf of the federal government.

What actions are prosecuted under the False Claims Act?

Any actions involving fraud being perpetuated against the government, particularly those involving the taking of money or services, will be illegal under the False Claims Act.  The most common claims brought under the act include Medicaid and Medicare fraud, customs fraud, conspiracies to raise prices, false billings, fraud against the U.S. Postal Service, construction fraud, fraud against government contractors, and public works fraud.

Who can become a whistleblower?

Any individual who uncovers fraud against the government can bring a qui tam action.  Most often, whistleblowers are corporate employees who discover their employers are committing fraud.  However, medical patients, business subcontractors, and customers are also commonly whistleblowers.  There is not a restriction on who can bring this action.

Are whistleblowers protected under the False Claims Act?

All whistleblowers that meet the criteria under the False Claims Act will be protected.  If a whistleblower loses his or her job as a result of filing a qui tam action, the former employee can sue the employer for wrongful termination and retaliation, seeking damages stemming from the loss of the job and ensuing emotional distress along with potentially punitive damages.  The whistleblower could also be entitled to attorney’s fees.

What compensation do whistleblowers receive?

Whistleblowers can receive a significant sum for filing a qui tam action.  If the fraud claims are substantiated and the government recovers for losses associated with the fraud, the whistleblower could be entitled to more than 15 percent of the monetary amount recovered by the government.

Will I have to disclose my identity to bring the qui tam action?

You will need to disclose your identity to the government, but your name will remain confidential for at least 60 days from the time you file the qui tam action.  If the government selects your case, your identity will then be revealed.

Barrett Law PLLC: Mississippi Whistleblower Attorneys Assisting With Qui Tam Actions

Qui tam actions brought under the federal False Claims Act can be complex and will require the assistance of an experienced and dedicated attorney who will fight to see that you obtain the recovery you deserve for bringing to light fraud occurring against the government.  The Mississippi Whistleblower Attorneys at Barrett Law PLLC have assisted qui tam plaintiffs for over 75 years.  Our aggressive whistleblower attorney team will navigate you through the qui tam process towards a full recovery, protecting your interests fully along the way.  For dedicated representation by an experienced attorney team, call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

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The False Claim Act’s “First to File” Rule

Any whistleblower who is considering reporting fraud under the False Claims Act should be aware and have a basic understanding of the “first to file” rule.  This rule makes it imperative that whistleblowers file their action before any other potential whistleblower, as doing so is a necessary and critical part of any potential recovery.

The False Claims Act is set out in 31 U.S.C. § 3730(b)(5).  The law provides that no person other than the Government can intervene or bring a related action based on the facts in the underlying pending action.  The “first to file rule” bars later allegations of fraud based on the same basic facts or allegations of fraud as already set out in a previous action.

The Purpose of the First to File Rule

There are several reasons behind the adoption of the first to file rule.  First, the rule is intended to provide motivation to individuals who promptly alert the government to the facts of a fraudulent scheme.  The whistleblower that first reports the fraud to the government will be the only one who can recover a monetary award for providing such information.  By encouraging the whistleblowers to report the fraud as soon as possible, the rule also serves the interests of the government in recovering money paid out as a result of the fraud.

Second, the first to file rule under the False Claims Act discourages the filing of additional lawsuits based on the same facts that have already been or are being litigated in earlier filed petitions because this would not enhance the government’s ability to investigate and uncover fraud.  Once the government is aware of the fraud after the filing of the initial action, allowing additional lawsuits would only drain government resources with no potential for additional recovery.

The First to File Rule Bars Related Actions

In examining the first to file rule, most courts have interpreted the meaning of “related action” based on the underlying facts of the pending action quite broadly.  The facts of the second qui tam do not have to be identical for the suit to be barred under the first to file rule.  Most courts instead look to whether the claim involves the same type of fraud, the same essential elements, or the same material elements of fraud.

Courts will look to two central questions: 1) Does the second qui tam suit allege a different type of wrongdoing based on facts different from those presented in the first suit? 2) Does the second action give rise to a separate and distinct recovery by the government?  Looking at all these factors, the court will determine whether the second action is barred by the first to file rule.

Key Points to Take Away from the First to File Rule

Potential whistleblowers should glean from the first to file rule that it is absolutely essential they bring their claim as early as possible to ensure it will not be barred. Additionally, whistleblowers should also takeaway the importance of retaining an experienced qui tam attorney who will help them bring this complex action.

Barrett Law PLLC: Representing False Claim Act Whistleblowers in Mississippi

The experienced Mississippi Qui Tam Lawyers at Barrett Law PLLC understand the importance of being the first to file in a qui tam action under the False Claims Act.  We have guided countless whistleblowers through the filing of qui tam actions under the False Claims Act.  We understand what it takes to bring a successful action from our over 75 years in the industry.  At Barrett Law PLLC, we offer a free consultation to all new clients and operate on a contingency fee basis.  For representation of unmatched excellence, call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

 

 

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Important Facts About Qui Tam Suits Filed Under the False Claims Act

The False Claims Act, also known as the Lincoln Law, imposes liability on individuals or companies who defraud the U.S. government or one of its programs.  This Act also includes a qui tam claims provision that allows individuals, known as relators or more commonly whistleblowers, to file actions on behalf of the government to expose the fraud.  Whistleblowers are entitled to receive a portion of the funds recovered as damages.

Qui tam actions under the False Claims Act are complex and involve several legal intricacies.  The following is a look at some facts that anyone considering whistleblowing should know concerning qui tam actions and the False Claims Act.

The False Claims Act Contains a First to File Rule

Under the False Claims Act, only the first plaintiff to file his or her case will be able to continue the action and recover damages.  The first to file rule is broadly interpreted so that any actions that contain the same essential facts or allegations of fraud as set out in previously filed claims will be barred.

When you file your action, you will not know what similar cases have been filed because qui tam cases are initially kept under seal.  The important thing to take away from this rule is that the early you can reasonably file your claim, the better your chances are of being able to proceed and potentially recover down the road.

False Claims Act Cases Cannot be Based on Information in the Public Domain

The qui tam provision within the False Claims Act is intended to encourage those with insider knowledge of the fraud occurring against the government to come forward.  Therefore, cases cannot be based on information that is in the public domain unless the plaintiff was the original source of that information.

Qui Tam Cases are More Likely To Succeed When the Government Joins the Case

After a qui tam case is filed in court, a copy of the complaint and a disclosure statement with all the facts will be sent to the Department of Justice.  The DOJ will conduct a lengthy investigation and decide whether it wants to intervene or join in on the case.  If the government elects not to join in, the plaintiff can still continue with the action.  The government could intervene at a later date.

While the case can succeed without the government’s action, having the government intervene can increase your chance of success.  The government has tremendous resources, investigatory powers, and an ability to impose sanctions that can obtain the results you desire.

False Claims Cases Are Typically Under Seal for Some Time

Qui tam cases are initially filed in federal court under seal and are not served on the defendant.  The purpose of this is to allow the government some time to investigate the claims without the government’s knowledge.  Typically, the claim will remain under seal for 60 days but complex actions can be sealed for far longer.

Barrett Law PLLC: Mississippi Qui Tam Attorneys of Distinction

Bringing a qui tam action under the False Claims Act is complex and requires the assistance of an experienced whistleblower attorney.  The seasoned Mississippi Qui Tam Lawyers at Barrett Law PLLC have over 75 years experience guiding whistleblowers through the filing of qui tam actions.  We have the knowledge and skill to bring even the most complex of actions and will fight for the success of your action.  At Barrett Law PLLC, we offer a free consultation to all new clients and operate on a contingency fee basis.  For representation of unmatched excellence, call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

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CDC Whistleblower’s Claims Ignite Controversy

Recently, a CDC whistleblower released highly controversial information that has sent the autism community and the public into an uproar.  The information has not yet been verified but already the public responsive is explosive.

A well respected researcher working for the Centers for Disease Control and Prevention (CDC), along with Dr. Brian Hooker of the Focus Autism Foundation, allege that the CDC has manipulated vaccine research data in an attempt to cover up the MMR and autism link.

The data that has allegedly been covered up or manipulated demonstrates a higher incidence of autism in African-American boys who received their MMR vaccine according to the CDC schedule.  The study in question was published in the journal Pediatrics. The study examined children with and without autism by examining the age at which they first received the MMR shot.  It used a population based study in Atlanta.

Dr. Hooker states that he acquired documents relating to the supposed cover up via a Congressional request from the chairman of the House Oversight and Government Record Committee.  Hooker, citing the two sources, has accused the CDC of widespread manipulation of scientific data concerning the safety of the MMR vaccine.

According to the whistleblower team, the study showed that there was actually a 3.36 fold increase risk for autism in African-American boys who received the MMR vaccination before the age of 36 months.  This flies in the face of the studies presented findings that no risk exists in obtaining the vaccine on time, and the CDC’s general public message that the MMR vaccine is not linked in any way to autism.

The whistleblower and Dr. Hooker claim the CDC knew of the risks that accompanied the shot as early as 2003, prior even to the study’s publication.  The whistleblower initially remained anonymous but has since identified himself as Dr. William Thompson who does work at the CDC and is considered a well respected professional.

Thus far, the CDC has not responded to allegations, nor has a statement been issued by the American Academy of Pediatrics.  Families of children with autism have taken to social media sites demanding answers and the infliction of punishment, while others have sharply refuted the claims of the whistleblower.

While the ultimate result of this whistleblower’s claims remain to be seen, we can glean from this case the difficulties inherent in being a whistleblower.  The doctor that has brought this information to light no doubt risks his career and standing in the medical community.  His claims have already gathered much media attention and will continue to do so.

Though being a whistleblower is undoubtedly difficult, it is of the utmost importance to the American public as a whole.  Without some of the brave whistleblowers of the past, much fraud would never have been uncovered and dismantled.  Whistleblowers are vital, and with the assistance of an experienced whistleblower attorney, they too can be protected in bringing their action.

Barrett Law PLLC: Mississippi Attorneys Assisting Brave Whistleblowers

The experienced Mississippi Qui Tam Lawyers at Barrett Law PLLC understand that being a whistleblower is never easy.  It involves speaking out and often facing much criticism, along with the potential for retaliation.  The whistleblower attorneys at Barrett Law PLLC respect the decision of whistleblowers to put their livelihoods on the line and will do all we can to see that your case is successful and you experience none of the potential negative repercussions that can accompany whistleblowing.  At Barrett Law PLLC, we offer a free consultation to all new clients and operate on a contingency fee basis.  For representation of unmatched excellence, call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

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