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Whistleblower Sues George Washington University for Retaliation

October 30, 2013
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John Lombardi has filed a lawsuit against his previous employer, George Washington University (GW), for unlawful termination in connection with his attempts to blow the whistle on GW’s contract fraud on the Department of State.

GW obtained subcontracts through Science Applications International Corporation (SAIC) for orders related to the federally funded Global Anti-Terrorism Training Assistance project, for which Lombardi was to be the Principal Investigator.  According to the complaint, GW allegedly attempted to engage in a “bait-and-switch” on SAIC and the federal government by replacing Lombardi as the Principal Investigator on certain contracts without notifying SAIC or the government that other, unqualified individuals would be performing the tasks.  The scheme would have resulted in federal tax dollars being used to pay a Principal Investigator that was not qualified, nor agreed upon in the contract.  Lombardi claims that when he tried to bring the matter to the attention of GW’s General Counsel, he was ignored, then his pay reduced, and finally his employment was terminated.

Lombardi filed the suit under the whistleblower provisions of the False Claims Act, which allows private parties with knowledge of fraud against the government to sue on behalf of the government and share in the recovery.  The False Claims Act also prohibits retaliation against the whistleblower.  Lombardi will be eligible for a share of the recovery should he prevail.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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Complaint Filed Against Walgreens for Medicare Fraud Claims

October 29, 2013

Fox Rx, Inc. has filed a complaint against Walgreens Company in the federal district court of the Southern District of New York for violations of the False Claims Act.  Walgreens allegedly submitted or caused the submission of false claims to state and federal health care programs such as Medicare and Medicaid.

Fox Rx alleges that Walgreens routinely overbilled Medicare and Medicaid by failing to substitute generic drugs for brand-name medication, in violation of state laws that required Walgreens pharmacies to substitute equivalent generic drugs whenever possible.  Walgreens also allegedly dispensed expired drugs to Medicare and Medicaid beneficiaries.  These actions caused the U.S. government, as well as state governments, to pay more for prescription drugs than they should have.

The lawsuit was filed under the False Claims Act, which allows those with knowledge of fraud against the government to sue on behalf of the government and share a claim in the recovery.  According to the False Claims Act, the government may be awarded damages three times the amount of damages sustained by the government because of the false claims.  Fox Rx would receive 15 to 30 percent as their share of the recovery.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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Medicare Fraud Case Proceeds Against Citizens Medical Center

October 11, 2013

The lawsuit against Citizens Medical Center (Citizens), filed by Drs. Dakshesh Parikh, Harish Chandna, and Ajay Gaala, is moving forward after a federal judge denied the defendant’s motion to dismiss the case.  The doctors allege that Citizens violated the False Claims Act by knowingly submitting or causing the submission of false claims to federal health care programs (Medicare and Medicaid).

Citizens allegedly entered into improper financial relationships with and gave kickbacks to physicians in order to induce them to refer patients to the hospital, which is a violation of the Stark Law.  The doctors also allege that Citizens knowingly provided unnecessary or worthless medical services in order to increase its revenue, and that this was all part of a conspiracy to violate the False Claims Act.

Drs. Parikh, Chandna, and Gaala were former cardiologists at Citizens, and claim that they were retaliated against for refusing to participate in the above schemes.  They filed this suit under the False Claims Act, which allows private citizens with knowledge of fraud against the government to sue on behalf of the government and share in the recovery.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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U.S. Govt Intervenes in False Claims Lawsuit Against Pinnacle Bank

October 8, 2013

The U.S. Attorney’s Office has intervened in a lawsuit against Pinnacle Bank (Pinnacle) in the U.S. District Court for the District of Wyoming, the U.S. Department of Justice announced last month.  The complaint alleges that Pinnacle made false statements to the United States Small Business Administration (SBA) regarding a loan under the SBA’s “504 Loan Program.”

Pinnacle Bank provided the Columbine Group, LLC, (developer of the hotel) with an interim construction loan for the AmericInn Lodge and Suites located in Laramie, Wyoming.  The government alleges that Pinnacle falsely certified to the SBA that it had no knowledge of any un-remedied substantial adverse change in Columbine’s financial condition since the date of the application for the SBA loan, that Columbine was current on its payments to Pinnacle and not otherwise in default of the loan, and that Pinnacle had disclosed to the SBA all material information known to it. Columbine later defaulted on its loans and the United States was required to use taxpayer dollars to repurchase the debenture pursuant to its guarantee.

The lawsuit was originally filed by Hospitality Management, Inc. (HMI), business operations manager for the hotel, under the False Claims Act.  The False Claims Act allows private parties with knowledge of fraud against the government to sue on behalf of the government and share in the recovery.  Should the United States government and HMI prevail in court, HMI will receive 15 to 30 percent of the settlement.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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TCG Client Held Serves Six New 60-Day Notices

September 26, 2013

TCG client Anthony Held served six new 60-Day Notices of Violation of Proposition 65 yesterday. The notices were served to companies offering products such as hand tools, bags and tableware for sale in California containing chemicals known to cause cancer or reproductive harm, without the required health hazard warning. Held alleges that the companies' products contain the phthalate DEHP, the flame retardant TDCPP, and the heavy metal lead (Pb). DEHP and lead are known to cause birth defects and reproductive harm while TDCPP is known to cause cancer. Some of the noticed companies include Crabtree & Evelyn., and Four Seasons General Merchandise.

See below for a partial list of Notices.

 

Product

Chemical

 Alleged Violator

Citizen Enforcer

Vinyl/PVC Gloves

DEHP

Bradshaw International, Inc.; Butler Home Products, LLC
 

Held

Toiletry Bags with Vinyl/PVC Components

DEHP

Crabtree & Evelyn, Ltd.
 

Held

Bowls with Exterior Designs containing Lead

 Pb

Four Seasons General Merchandise, Inc.
 

Held

Lamps with Vinyl/PVC Components

DEHP

Jimco Lamp & Manufacturing Company
 

Held

Cases with Vinyl/PVC Handles

DEHP

Punch Studio, LLC
 

Held

 

Read the most recent notices issued by clients of The Chanler Group

 

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Federal Judge Orders Tuomey to Pay $227M for Medicare Fraud Claims

October 2, 2013

A federal judge has ordered South Carolina-based Tuomey Healthcare System to pay $227 million for violations of the False Claims Act and the Stark Law. 

Tuomey Healthcare System was accused of signing 19 doctors to lucrative part-time contracts that paid well above fair market value in order to continue to receive the referral fees associated with those doctors’ procedures.  Paying doctors out of their referral fees constitutes an illegal kickback under Medicare law, and the U.S. government sought to recover all of the Medicare claims filed as a result of procedures performed by those 19 doctors between 2005 and 2009.

The lawsuit was originally filed by Dr. Michael Drakeford under the whistleblower provisions of the False Claims Act, which allows private citizens with knowledge of fraud to sue on behalf of the government and share in a portion of the recovery.  Drakeford’s share of the reward has yet to be determined, but according to The Item, he has said that his portion of the award will go toward charitable health care efforts in the Sumter community.

Tuomey is expected to appeal.  An out-of-court settlement may be in the works.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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Diagnostic Labs to Settle Healthcare Fraud Claims For $17.5M; Whistleblower to Get $3.7M

September 25, 2013

California-based Kan-Di-Ki, doing business as Diagnostic Laboratories and Radiology (Diagnostic Labs) has agreed to pay $17.5 million to resolve allegations that the company violated both the federal and California False Claims Acts, the U.S. Department of Justice announced today.  Kan-Di-Ki allegedly paid kickbacks for the referral of mobile lab and radiology services that were subsequently billed to Medicare and Medi-Cal.

The government alleged that Diagnostic Labs took advantage of Medicare’s different reimbursement system for inpatient and outpatient services by charging discounted rates to California Skilled Nursing Facilities (SNFs) for inpatient services paid by Medicare, in exchange for referrals of outpatient business.  For inpatient services, Medicare pays a fixed rate based on the patient’s diagnosis, regardless of specific services provided.  For outpatients, Medicare pays for each service separately.  Diagnostic Labs’ scheme enabled the SNFs to maximize profit earned for providing inpatient services by decreasing SNFs’ costs of providing these services.  It also allegedly allowed Diagnostic Labs to obtain a steady stream of lucrative outpatient referrals that it could directly bill to Medicare and Medi-Cal.  The provision of inducements, including discounted rates, to generate referrals is prohibited by federal and state law.

The lawsuit was originally filed by Jon Pasqua and Jeff Hauser, former Diagnostic Lab employees, under the False Claims Act.  The False Claims Act allows private citizens with knowledge of fraud against the government to sue on behalf of the government and share in the recovery.  Pasqua and Hauser will receive $3.75 million as their portion of the settlement.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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Fla. Health Providers to Settle Fraud Claims for $3.5M; Whistleblower to Get $610K

September 19, 2013

Several Florida-based radiation oncology providers have agreed to pay $3.5 million to the U.S. government and the State of Florida to resolve allegations that they knowingly submitted or caused the submission of false claims to federal health care programs, the U.S. Department of Justice announced last week.  The defendants include Gulf Region Radiation Oncology Centers Inc. (GRROC), Gulf Region Radiation Oncology MSO LLC, Sacred Heart Health System Inc., West Florida Medical Center Clinic P.A., Emerald Coast Radiation Oncology Center LLC (ECROC), Dr. Gerald Lowrey and Dr. Rod Krentel.

The government alleged that the defendants regularly billed for radiation oncology services that were not supervised by a physician, as required by Medicare, Medicaid and TRICARE, and that, in fact, these services were often performed while the defendant doctors were on vacation or were working at another radiation oncology clinic.   The government also alleged that the defendants billed for other treatment services even when patients’ medical records provided no evidence that the services were rendered.   The defendants also allegedly billed twice for the same services and misrepresented the level of a service provided to increase their reimbursement from the federal health care programs. 

The lawsuit was originally filed by Richard Coch, a former employee of GRROC, under the whistleblower provisions of the False Claims Act.  The False Claims Act allows private citizens with knowledge of fraud against the government to sue on behalf of the government and share in the recovery. Coch will receive $609,796 as his portion of the settlement.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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Conax to Settle Contract Fraud Claims for $2M; Whistleblowers to Get $810K

September 17, 2013

Conax Florida Corp. and related companies have agreed to settle allegations that Conax knowingly submitted or caused the submission of false claims to the U.S. government in connection with improperly tested and non-conforming equipment, the U.S. Department of Justice announced last month.

Conax Florida Corp. designed and manufactured inertia reels and voltage references used by the U.S. military and NASA.  Inertia reels are part of a system designed to secure aircrew members in the event of a crash.  On impact, inertia reels lock in place harnesses worn by aircrew members, preventing injury.  Voltage references are electronic parts used in water-activated parachute releases, designed to protect unconscious or injured aircrew members who parachute into salt water. 

The government alleged that the inertia reels were not tested in accordance with contractual requirements and that Conax used non-conforming voltage references.  The voltage reference is an integral part of the water-activated parachute release, intended to automatically separate parachutes from aircrew members when they are physically unable to do so.  If parachutes are not released, they may fill with water and drag aircrew members underwater. 

Besides the $2 million settlement, Conax has also agreed to provide the government with almost five thousand new electronic parts for use with parachute releases, which are worth up to $2.4 million.

The lawsuit was originally filed by Mark Hansson and Steven Schummer, former Conax employees, under the whistleblower provision of the False Claims Act.  The False Claims Act allows private citizens with knowledge of fraud against the government to sue on behalf of the government and share in the recovery.  Hansson and Schummer will together receive up to a total of $810,478.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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ABC Billing Settles False Claims For $1.7M; Whistleblower to Get $323K

September 13, 2013

Farideh Heidarpour, her billing company A.B.C. Billing Inc., and her son Ali Heidarpour (who was also her employee) have agreed to pay $1.7 million to settle allegations that her and her company knowingly submitted or caused the submission of false claims to workers’ compensation programs, U.S. Attorney for the Northern District of California Melinda Haag announced last month.

The United States alleges that Heidarpour, her company, and her son submitted or caused to be submitted to the Department of Labor, Office of Workers’ Compensation Programs, false claims by certain clinics for supplies and services not provided, not supported by medical documentation and/or not medically necessary, resulting in millions of dollars of damages to the United States. The majority of the patients at issue were United States Postal Service (USPS) employees claiming work-related injuries.

The lawsuit was originally filed by a former employee of a clinic in Texas that worked with ABC Billing.  The False Claims Act allows private citizens with knowledge of fraud against the government to sue on behalf of the government and share in the recovery.  The whistleblower in this case will receive $323,000 as her share of the settlement.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

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