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From the monthly archives: July 2012

The United States Attorney’s Office for the Southern District of New York has reached a settlement agreement with the Union Welfare Fund in which the Fund agreed to pay civil damages of $5 million and admitted to both common law fraud and violations of the False Claims Act (“FCA”). The Fund administers hospitalization [...]

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The U.S. Department of Labor has ordered two railroad companies to pay three workers a total of $650,729.14 in back pay and damages for retaliation against them for reporting workplace injuries and other safety issues. The penalties were levied as a result of an investigation by the Chicago office of the Occupational Safety [...]

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For the second time in the past two years, the Dartmouth-Hitchcock Medical Center (DHMC), located in Lebanon, New Hampshire, has been the subject of a federal investigation concerning allegations of overbilling the Medicare and Medicaid programs for services.   As a result of the prior investigation, the hospital agreed to pay over $2.2 [...]

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The for-profit college is industry has come under heavy scrutiny in recent years, resulting in litigation under the federal False Claims Act (“FCA”) and investigations into the recruiter payment schemes of for-profit higher educational institutions. Recently, a federal district court judge in Pittsburgh allowed an FCA whistleblower lawsuit against Education Management Corporation (EDMC), [...]

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In an opinion released on July 12th in  United States ex rel. Osheroff v. Tenet Healthcare Corporation, the United States Federal Court for the Southern District of Florida rejected an argument that facts and information disclosed online constitute a “public disclosure” for the purposes of the False Claims Act (“FCA”).

The False Claims [...]

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Four former recruiters for the Academy of Art University, a private art school in San Francisco, have filed a qui tam complaint under the False Claims Act (“FCA”) against their former employer. The complaint alleges that the school violated federal law by compensating recruiters based on the number of students recruited and lied about [...]

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British Petroleum America has recently paid a $5.2 million civil penalty levied by U.S. Department of the Interior’s Office of Natural Resources Revenue (ONRR). The penalty was assessed for BP’s failure to correct false royalty reports  from natural gas production on the Southern Ute Indian reservation in southwestern Colorado. Tribal auditors, working in cooperation [...]

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On June 22nd, the United States Court of Appeals for the Sixth Circuit affirmed the decision of a federal district court to deny motions to direct a verdict or, alternatively, order a new trial. The trial court awarded damages for a retaliation claim filed under the False Claims Act (“FCA”).

In November [...]

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After Barclay’s agreed to pay a $450 million criminal fine following an investigatory probe conducted by the Department of Justice, regulators in countries all over the world continue to evaluate the full scope and impact of the LIBOR (London Interbank Offered Rate) rate manipulation scandal. Barclay’s admitted to manipulating the short-term interest rate [...]

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Increased attention in recent years on fraud and abuse in the arenas of lending and finance has led to a burgeoning wave of litigation and recoveries under the federal False Claims Act (“FCA”). In its recent opinion handed down on June 18th, 2012, United States ex rel. Oberg v. Kentucky Higher Educ. Student [...]

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An audit of the claims processing practices of Caremark, a company that merged with CVS to form CVS Caremark in 2007, has led to a whistleblower complaint under the False Claims Act (FCA) alleging potentially billions of dollars in fraud under the Medicare Part D program.

The complaint was filed by [...]

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According to a new study conducted by the Inspector General of the Department of Health and Human Services (HHS), infirmities in Medicare’s bidding system and rules governing conflicts of interest may be contributing to a problem of fraud among an unlikely group of firms: contractors hired by the government to investigate claims of [...]

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