Under it, awards to whistleblowers are no longer discretionary. Now, the whistleblower “shall” receive 15 to 30 percent of the collected proceeds. That’s shall, not may. But getting the money has proven nearly impossible.

There are many whistleblowers but few are getting money out of the process. See Patient Tax Tattletales Can Earn Big. The IRS created a Whistleblower Office reporting to the IRS Commissioner to implement the law. See Whistleblower/Informant Award. But progress is slow.

Read rest of story here

Global Health Care Company Abbott Laboratories Inc. has pleaded guilty and agreed to pay $1.5 billion to resolve its criminal and civil liability arising from the company’s unlawful promotion of the prescription drug Depakote for uses not approved as safe and effective by the Food and Drug Administration (FDA), the Justice Department announced today.  The resolution – the second largest payment by a drug company – includes a criminal fine and forfeiture totaling $700 million and civil settlements with the federal government and the states totaling $800 million.  Abbott also will be subject to court-supervised probation and reporting obligations for Abbott’s CEO and Board of Directors. 

“Today’s settlement shows further evidence of our deep commitment to public health and our determination to hold accountable those who commit fraud,” said James M. Cole, Deputy Attorney General.  “We are resolute in stopping this type of activity and today’s settlement sends a strong message to other companies.”  

 Read rest of story here

The FDA is responsible for approving drugs as safe and effective for specified uses. Under the Food, Drug and Cosmetic Act (FDCA), a company in its application to the FDA must specify each intended use of a drug.  A company’s promotional activities must be limited to only the intended uses that FDA approved.   In fact, promotion by the manufacturer for other uses – known as “off-label” uses – renders the product misbranded.

The settlement involves Apex Medical Group, doing business as Nephrology Consultants, and some affiliated dialysis centers in Knoxville area counties.

According to an announcement today from the U.S. Attorney’s Office for the Eastern District of Tennessee, an investigation showed “from at least 2001 through 2006 Apex submitted numerous false and fraudulent claims to government health programs, including Medicare and TennCare, for payment through a pattern of upcoding for various physician services.

Read rest of story here

Attorney General Holder and Secretary Sebelius were joined in the announcement by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, FBI Deputy Director Sean Joyce, Deputy Inspector General for Investigations Gary Cantrell of the HHS Office of Inspector General (HHS-OIG) and Dr. Peter Budetti, Deputy Administrator for Program Integrity of the Centers for Medicare and Medicaid Services (CMS).  

This coordinated takedown involved the highest amount of false Medicare billings in a single takedown in strike force history.

HHS also suspended or took other administrative action against 52 providers following a data-driven analysis and credible allegations of fraud.  The new health care law, the Affordable Care Act, significantly increased HHS’s ability to suspend payments until an investigation is complete.

Read rest of story here

Diane Boerman last month reached a confidential settlement in her case against the library, but the details were not disclosed until agency officials provided them in response to a Public Records Act request by The Bee.

The settlement was approved in secret by the library’s board of directors in a March 22 executive session. It wasn’t finalized with all of the attorneys until last month, with Boerman’s lawyer obtaining a dismissal of the lawsuit on April 13, according to court records.

“I think it was a good compromise for both sides,” plaintiff’s attorney Anthony J. Poidmore of Roseville said in an interview Monday. “Obviously, the purpose of this was to reimburse somebody. But she certainly stuck her neck out and should get full reimbursement for whatever damage that cost her. She’s happy with it. She’s satisfied to move on.”

Read rest of story here

“I want to (say) thank you very much to the committee for this honor. It’s very humbling to say the least,” Jillian said as she addressed the crowd after accepting the award from Judge James Barton, but one very special guest couldn’t hold back his excitement at that very moment.  Jillian’s 22-month old son Kingston beamed and called out “Ma Ma,” just after Jillian began to speak. Click on the video below to watch Jillian accept the award and see the priceless interruption by her number one fan.

In presenting the award to Jillian, Judge Barton commended her for her tireless hours of Pro Bono Service and the “give back” philosophy promoted by the James Hoyer Law Firm.  Click on the video below to watch his remarks.

Jillian was honored with the award for her many hours of Pro Bono service, most notably for successfully representing a father from Denmark in a parental abduction case involving his eight year old daughter. The child was wrongfully retained in Florida in violation of the Hague Convention, an international treaty which requires that children must be returned to their home country to settle custody disputes.  Father and daughter were  reunited and have now returned to Denmark.

The father wrote in support of Jillian, “I think Jill Estes should receive the award not only based on her legal skills and professionalism, but indeed also for the dedication and for her empathic and warm qualities which helped me through this whole ordeal.”

Before going to law school, Jillian worked in the International Division of the National Center for Missing and Exploited Children in Alexandria, Virginia.  “I’m incredibly honored to be recognized for this work which is very near and dear to my heart,” she said. “It was working with the families of abducted children that inspired me to go to law school, and now, it is my privilege to give back and help when I can.”

Please join us in congratulating Jillian for this honor.

Jillian & family after award ceremony

]]> http://www.jameshoyer.com/james-hoyer-associate-receives-outstanding-pro-bono-service-award/feed/ 0 http://www.jameshoyer.com/u-s-intervenes-in-fca-lawsuit-alleging-failure-to-pay-import-duties-by-toyo-ink-a-japanese-co/ http://www.jameshoyer.com/u-s-intervenes-in-fca-lawsuit-alleging-failure-to-pay-import-duties-by-toyo-ink-a-japanese-co/#comments Wed, 25 Apr 2012 15:19:28 +0000 jnewcomer http://www.jameshoyer.com/?p=2658 The United States has intervened in a lawsuit against Japanese company, Toyo Ink Manufacturing Co. Ltd. and its United States subsidiaries: Toyo Ink International Corp ., located in New York; Toyo Ink America LLC, located in Illinois; and Toyo Ink Manufacturing America LLC, located in New Jersey, the Justice Department announced today.   Toyo Ink, which has operations worldwide, is a leading provider of printing inks. 

The suit alleges that the Toyo Ink companies knowingly misrepresented the country of origin on documents presented to United States Customs and Border Protection to avoid paying antidumping and countervailing duties on imports of the colorant carbazole violet pigment number 23 (CVP-23).   The Department of Commerce assesses antidumping and countervailing duties, which are collected by United States Customs, to protect United States businesses by offsetting unfair foreign pricing and government subsidies.   Imports of CVP-23 from China and India have been subject to these duties since 2004.   

The suit alleges that Toyo misrepresented Japan and Mexico as the countries of origin for its CVP-23 imports to avoid these duties.   Although Toyo’s CVP-23 imports from China and India underwent a finishing process in Japan and Mexico, the complaint alleges that this process was insufficient to change the country of origin. 

   “Companies taking advantage of United States markets must comply with the law, including the payment of import duties levied to protect domestic manufacturers and producers from unfair competition abroad,” said Stuart F. Delery, Acting Assistant Attorney General for the Civil Division of the Department of Justice.   “As we have done today, the Department of Justice will take action against those we believe have inappropriately avoided paying money owed to the United States.”

 ATK has agreed to pay the United States $21 million in cash and provide necessary in-kind services worth $15,967,160 to fix the 76,000 unsafe para-flares remaining in the government’s inventory.   The settlement resolves a False Claims Act suit filed in the U.S. District Court for the District of Utah.

The lawsuit was initially filed by an ATK employee under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals, called “relators” to bring lawsuits on behalf of the United States and receiv e a portion of the proceeds of a settlement or judgment awarded against a defendant.

 “Our men and women in combat deserve equipment that meets critical safety and performance requirements,” said Stuart F. Delery, Acting Assistant Attorney General for the Civil Division. “This case demonstrates that the Department of Justice will pursue cases where contractors knowingly provide defective equipment that puts the safety of American military service members at risk.

The settlement resolves allegations that Walgreens offered illegal inducements to beneficiaries of government health care programs, including Medicare, Medicaid, TRICARE and the Federal Employees Health Benefits Program (FEHBP), in the form of gift cards, gift checks and other similar promotions that are prohibited by law, to transfer their prescriptions to Walgreens pharmacies. The government investigation alleged that Walgreens had offered government health beneficiaries $25 gift cards when they transferred a prescription from another pharmacy to Walgreens. The company’s advertisements that promoted gift cards and gift checks for transferred prescriptions typically acknowledged that the offer was not valid with Medicaid, Medicare or any other government program. Nevertheless, the government alleged that Walgreens employees frequently ignored the stated exemptions on the face of the coupons and handed gift cards to customers who were beneficiaries of government health programs, in violation of federal law.

“This case represents the government’s strong commitment to pursuing improper practices in the retail pharmacy industry that have the effect of manipulating patient decisions,” said Stuart F. Delery, Acting Assistant Attorney General for the Civil Division of the Department of Justice.

The allegations were brought to the government by two whistleblowers, known as relators, in two separate whistleblower lawsuits filed under the

“This case vindicates and protects the interests of consumers throughout the nation by ensuring that they remain free from undue influence by large retail chains when making decisions about which pharmacies to entrust their own individual health care,” said André Birotte Jr, U.S. Attorney for Central District of California.

“The law prohibits pharmacies from using their retail clout to lure patients whose prescriptions are subsidized by the government,” said Barbara L. McQuade, U.S. Attorney for the Eastern District of Michigan. “Continuity with a pharmacist is important to detect problems

with dosages and drug interactions. Patients should make decisions based on legitimate health care needs, not on inducements like gift cards.”

Daron Elder, 28, of Southfield, Mich., pleaded guilty before U.S. District Judge Arthur J. Tarnow in the Eastern District of Michigan to one count of conspiracy to commit health care fraud.   At sentencing, he faces a maximum penalty of 10 years in prison and a $250,000 fine.      

According to the plea documents, Elder was a patient recruiter for a medical clinic in the Detroit area, Blessed Medical Clinic.  Elder paid indigent Medicare beneficiaries cash kickbacks to receive diagnostic tests that he knew were medically unnecessary.  In return for the cash kickbacks, the Medicare beneficiaries allowed their identification to be used in the submission of fraudulent claims.  The government will argue at sentencing that Elder’s conduct caused the submission of approximately $2.5 million dollars in fraudulent claims to Medicare. 

Today’s guilty plea was announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney for the Eastern District of Michigan Barbara L. McQuade; Special Agent in Charge Andrew G. Arena of the FBI’s Detroit Field Office; and Special Agent in Charge Lamont Pugh III of the HHS Office of Inspector General’s (OIG) Chicago Regional Office.