Bradley Birkenfeld is an American banker whose whistleblowing efforts earned him a massive award of $104 million from the IRS Whistleblower Officer.  Birkenfeld is also a convicted criminal who served two and a half years in prison for conspiring with a California developer to evade United States income taxes.  The story of Birkenfeld is a complex one and one that is again in the spotlight due to his recent request to be allowed to return to Europe while still on probation.  His story serves to highlight the importance of whistleblowers and the risks they undertake.

            Birkenfeld began his banking career in the currency trading department of State Street Bank and Trust.  There, Birkenfeld claims he first blew the whistle on illegal activities by approaching the FBI.  No indictments were issued as a result of his information.  Birkenfeld continued his career, eventually being hired at UBS in Geneva, Switzerland.  There, his job was primarily to solicit Americans to move their assets to the bank, enabling them to avoid paying U.S. taxes.  Though UBS was not permitted to offer investment advice in the U.S., Birkenfeld and his colleagues were instructed to do just that.

            According to Birkenfeld, UBS sponsored events designed to lure wealthy Americans then acted as salesmen offering a tax haven to clients.  One of their wealthiest clients was a California development who transferred some $200 million to UBS offices with Birkenfeld’s help.

            In 2005, Birkenfeld learned that his and UBS’s activities violated the agreement between the bank and the IRS.  He resigned and complained to UBS compliance officers as to the bank’s unfair and deceptive businesses practices.  He received no response and notified the bank’s attorney as well.

Sometime later, Birkenfeld decided to contact the U.S. Department of Justice (DOJ) and inform them of the bank’s practices.  He sought to recover 30% of all funds the government was able to recover in the whistleblower action and immunity from prosecution.  When Birkenfeld arrived on U.S. soil, he was arrested.  He pled guilty to a count of conspiracy to defraud the U.S. as a result of his activities while with UBS.

The DOJ justified Birkenfeld’s arrest by stating he did not have whistleblower status yet, and therefore could be prosecuted.  The DOJ did continue its investigation into the fraud, and eventually developed a criminal case.  USB agreed to pay a $780 million fine to the U.S. government in exchange for deferred prosecution.  Birkenfeld was awarded $104 million for his information, which the DOJ has since admitted was critical to the success of the case.

The government was harshly criticized for its treatment and prosecution of Birkenfeld, with the many protests and actions lobbed eventually leading to his early release.  Birkenfeld’s case will no doubt be instrumental to whistleblower law reforms today.  Currently, Birkenfeld is seeking permission to return to Europe where he wishes to move on with his life despite his continued probation obligations.  It is unclear at this time whether his request will be answered.

Barrett Law PLLC:  Mississippi Whistleblower Attorneys Helping Brave Whistleblowers  

Whistleblowers like Birkenfeld have saved the United States government billions of tax payer dollars.  Without courageous whistleblowers like Birkenfeld, our county’s funds would continue to be lost to fraudulent activity.  However, being a whistleblower is no easy task, as Birkenfeld’s case illustrates.  The Mississippi Whistleblower Attorneys at Barrett Law PLLC assist whistleblowers with qui tam actions and related matters, ensuring their rights are fully protected and their efforts greatly rewarded.  Call the experienced whistleblower attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

In 2013, two whistleblowers won in a trial against State Farm Insurance for activities dating back to Hurricane Katrina.  A jury sitting in the Federal Court in Gulfport ruled that State Farm defrauded the federal flood program by paying flood policy limits on a claim in which wind was responsible for the loss.  According to the plaintiff’s theory, by charging the National Flood Insurance Program for the loss stemming from Hurricane Katrina, State Farm was able to minimize what it owed for wind damage.

The whistleblower suit began in 2006 when sisters Cori and Karri Rigsby of Ocean Springs, Mississippi filed a qui tam suit against State Farm.  The sisters worked for an Alabama contractor that was hired by State Farm to provide damage assessments after Hurricane Katrina.  The sisters claimed in the suit that State Farm ignored or minimized wind damages to avoid payments.  The sisters presented thousands of documents related to State Farm’s alleged fraudulent activities, including evidence that the insurance company manipulated engineer’s reports to minimize damage.  They claim the fraud was widespread across the Mississippi coast after the 2005 hurricane.

The initial qui tam action included a number of policyholders, but a federal judge allowed just one State Farm claim to be heard.  The claim involves a family who lost their home in the hurricane.  The whistleblowing sisters have firsthand knowledge of how this claim was handled.

State Farm has consistently claimed it did nothing wrong and adjusted the claims correctly.  The family in question was paid $250,000 in flood damages from the national fund, but just $36,000 in wind damages on a policy that included damages up to $500,000.

The federal jury accepted the whistleblower’s allegations of wrongdoing and the judge ordered State Farm pay $750,000 in damages to the U.S. government.  The Rigsby sisters will each receive 15 percent of this award.  The judge also awarded $2.6 million to the Rigsby’s attorneys plus expenses exceeding 300,000.

State Farm appealed this order that it pay over $3 million in legal fees and damages related to the whistleblower lawsuit.  Now, the 5^th U.S. Circuit Court of Appeals is scheduled to hear oral arguments on the appeal on February 5 in New Orleans.  State Farm is seeking a reversal of the verdict and dismissal of the Rigsby sister’s claims.

This important whistleblower case has captured much media attention as it involves a major corporation and serious allegations of wrongdoing.    The sisters involved in the claim have no doubt experienced much hardship bringing the action to completion, but will be awarded financially and, beyond that, morally for their willingness to shed light on the wrongful actions of a major corporation.

Barrett Law PLLC:  Mississippi Whistleblower Attorneys Bringing Qui Tam Suits   

            Qui tam lawsuits serve a vital function in our society, exposing fraud and protecting not just the government but American taxpayers as well.  Becoming a whistleblower can be a frightening experience, but with the assistance of an experienced qui tam attorney you can ensure your rights are protected and your action is prosecuted to the fullest.  The Mississippi Whistleblower Attorneys at Barrett Law PLLC have assisted countless brave whistleblowers across the state.  We will help you every step of the way in bringing your action, from the initial filing to that final day in court.  We will also ensure you do not become the subject of retaliation for your whistleblowing actions.  With our assistance, you can expose fraud and obtain a financial award for doing so.  Call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation with one of our exemplary whistleblower attorneys today.

While Medicare does not have an official estimate as to the amount of money loss to fraud each year, the Federal Bureau of Investigations estimates that fraud occurs in three to ten percent of all health care billings.  Each year, Medicare expenditures exceed $560 billion.  Applying the FBI percentages to this amount, the cost of Medicare fraud annually can be estimated at somewhere between $17 and $57 billion.

What is Medicare fraud?

Medicare fraud is defined as the collection of Medicare health care funds based on fraudulent actions.  There are several types of Medicare fraud, but all have the same ultimate goal—to illegitimately collect funds from the Medicare program sponsored by the U.S. government.  Some types of Medicare fraud include:

• Patient billing:  A patient participating in the scam provides his or her Medicare number in exchange for kickbacks.  The provider then bills Medicare for whatever services and the patient is instructed to report he or she did receive the alleged medical treatment.
• Phantom billing:  A medical provider bills Medicare for procedures or tests that were never performed or were unnecessary, or for unnecessary equipment or equipment that is used but billed as new.
• Unbundling and Upcoding:  When the medical provider or someone else associated with billing inflates bills by using billing codes that indicate more expensive procedures were performed.

How are Medicare whistleblower cases brought?

If you are an employee and you suspect Medicare fraud is occurring in your workplace, you can bring a claim under the False Claims Act.  This suit is known as a qui tam action.  The suit is essentially brought by you, the whistleblower, on behalf of the government.

What can I expect to receive under the False Claims Act?

Those that are found to have violated the False Claims Act will be liable for three times the amount of funds that the government has been defrauded.  A whistleblower who brings the Medicare fraud action can expect a reward of between 15 and 30 percent of the total recovery awarded to the government.

Is my job at stake for bringing a whistleblower action?

The False Claims Act protects employees who bring a qui tam lawsuit and experience retaliation from their employer because of their whistleblowing actions.  If a whistleblower is fired, threatened, demoted, harassed, or otherwise discriminated against his or her employer due to the qui tam action, the employee will be protected.  Reinstatement may be granted or back pay and damages, depending upon the employer’s actions and employee’s wishes.

Barrett Law PLLC: Mississippi Whistleblower Attorneys Assisting Clients with Medicare Fraud Reporting Actions

Medicare fraud is a tremendous problem in the U.S., costing the government and taxpayers billions of dollars each year.  With the costs of healthcare rising and the population of the U.S. continuing to age, it is becoming more and more important that individuals like you speak out about suspected Medicare fraud.  Medicare fraud actions are typically brought under the False Claims Act, which allows the whistleblower to recover a portion of the funds recovered by the government in the action.  This can be significant and all whistleblowers must ensure their rights are protected.  The Mississippi Whistleblower Attorneys at Barrett Law PLLC have assisted numerous Medicare fraud whistleblowers across the state and much of the southeast since 1936.  Our attorneys will strive to see that your rights are fully protected and you receive the compensation you deserve for bringing the action.  To find out more about your potential whistleblower action, call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

The Ebola virus disease, also commonly referred to as Ebola hemorrhagic fever, has reached epidemic levels in West Africa.  Over 4,500 individuals have died as a result of this deadly disease and twice that many have become infected.  So far, three cases of Ebola have been diagnosed in the U.S.  The first case was that of Thomas Duncan.  Duncan flew to Dallas, Texas from Liberia to visit family.  He appeared days later at the Texas Health Presbyterian Hospital with symptoms, but was sent home.  The hospital later admitted this was a mistake.  He reappeared three days later and tested positive for Ebola.  Unfortunately, Duncan died on October 8.

Three days after Duncan’s death, Nina Pham, a nurse who cared for Duncan, tested positive for Ebola.  The hospital believes a breach in protocol lead to the infection, but has not elaborated on what this breach was.  Soon after Pham was confirmed to have Ebola, another nurse, Amber Vinson, also tested positive.  Vinson had recently flown cross-country to plan her wedding, spurring the CDC to add several more individuals to its watch list.  Health officials and the Texas Health Presbyterian Hospital continue to fail to provide an explanation as to how Vinson contracted the illness.

One nurse at the Texas Health Presbyterian Hospital has stepped forward as a whistleblower.  Briana Aguirre, joined by her attorney, agreed to an interview with Anderson Cooper.  She expressed disappointment with the hospital’s lack of transparency, which has led much of the public to continue to blame the nurses, rather than the hospital’s actions.  Aguirre revealed alarming actions taken by the hospital during the treatment of Duncan, including placing trash bags full of medical waste simply in the hallway of the isolation unit when the garbage room became full.  She also expressed concern over the lack of safety gear provided to nurses and the general chaos and uncontrolled environment that she believes contributed to the spread of the dangerous disease.

Aguirre’s attorney informed Anderson Cooper that she is entitled to some whistleblower protections in Texas, though the laws are not as strong as elsewhere.  He stressed that his client is not seeking to obtain monetary compensation through her whistleblowing actions.  Rather, she wants to know that her job is secure and that she has done what she can to bring to light what she feels is troubling actions occurring at the hospital.

The recent Ebola outbreak and threat of future cases in the U.S. has created much panic.  In the coming months, it will be important for healthcare workers like Briana Aguirre to blow the whistle when they feel a hospital or medical facility’s actions are putting others at risk.  Mississippi whistleblowers should be aware that federal and state laws protect whistleblowers like Aguirre, preventing their termination and sometimes allowing for the award of monetary compensation.

Barrett Law PLLC: Award Winning Mississippi Whistleblower Attorneys

Whistleblower claims are often complex and may involve additional issues of discrimination or job termination due to the whistleblower’s activities.  All whistleblowers will require a thorough, dedicated, and knowledgeable attorney to guide them through the whistleblowing process.  The Mississippi Whistleblower Attorneys at Barrett Law PLLC have assisted brave whistleblowers through the filing of qui tam actions for over 75 years.  Our zealous attorney team has the resources, innovation, and level of experience you need to obtain the best possible legal outcome.  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.

As part of its initiative to catch taxpayers who are paying fewer taxes than they actually owe to the U.S. government, Congress has enacted the IRS Whistleblower Rewards Program.  The Whistleblower Rewards Program provides substantial incentives to individuals who come forward and identify other persons, businesses and corporations, trusts, partnerships, and other entities that are underpaying their taxes in any way, whether it is the result of fraud, uncertain tax positions, or just simple mistake.

The incentive is a mandatory award to the person or whistleblower who comes forward to reveal the underpayment of taxes to the IRS.  This award can equal up to 30 percent of any taxes, interest, and penalties collected by the IRS from the underpaying taxpayer. The IRS Whistleblower Protection was enacted by the Tax Relief and Health Care Act of 2006.  It does not place a cap on the dollar amount of the award, so those who come forward and identify a large underpayment of taxes by another taxpayer stand to potentially collect millions of dollars in award monies from the government for their efforts.

Tax Whistleblower Reward Amounts

In Section 7623 of the Internal Revenue Code, whistleblowers are allowed an award of between 15 and 30 percent of the taxes ultimately collected by the IRS if they make a substantial contribution to the collection.  The award will be calculated based on the total of the tax, interest, penalties, and any additions to tax collected by the IRS as a result of the information provided by the whistleblower.  Rewards can also issue for whistleblowers who report information about an underpayment that would reduce the amount of the refund claimed by the taxpayer.  The award is not capped.

The Whistleblower Rewards Act is targeted at unveiling large underpayments of taxes.  A person will only receive an award under the program if the total underpayment of the tax, along with interest, penalties, and additions to tax,   ultimately collected by the IRS exceeds $2 million.  The income of the individual taxpayer who owes taxes must exceed $200,000 in the year the tax was due.  Whistleblowers should be aware in attempting to make calculations as to underpayment, penalties range from 20-40 percent of the tax due.  Compounding interest combined with penalties will often result in the doubling of the total amount of deficiency taxes that would otherwise have been paid if submitted in a timely manner.

Anyone who has participated in the Whistleblower Rewards Program and received no award or an award they feel was less than they deserve can appeal the determination to the United States Tax Court.  Your licensed whistleblower attorney will guide you through the entire process of reporting tax fraud to the ultimate award of the monies you deserve.

Barrett Law PLLC: Assisting You in Blowing the Whistle on Tax Fraud

Under the IRS Whistleblower Rewards Program, you could receive an award of up to 30 percent of all taxes, interest, and penalties collected by the IRS as a result of your crucial information.  Tax fraud costs the U.S. government billions of dollars each year, and it takes brave whistleblowers like you to put a stop to this illegal activity. The seasoned Mississippi Whistleblower Attorneys at Barrett Law PLLC have over 75 years experience assisting individuals in a wide variety of whistleblower actions.  Our attorneys will assist you in the art of dealing with the IRS so that you collect the award you deserve for reporting tax fraud.  At Barrett Law PLLC, we offer a free consultation to all new clients and operate on a contingency fee basis.  For representation of simply unmatched excellence, call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.