Paralysis of the IRS Whistleblower Program

The Tucson Sentinel reports that despite Congressional expansion of the IRS whistleblower program in 2006, the program does not live up to its expectations.  In the four years since Congress passed the new program, only one whistleblower has purportedly collected an award—an accountant who collected $4.5 million for reporting a $20 million tax underpayment.

Grenade Makers Attempt to Defuse False Claims Act Charges Denied

Last week, United States District Judge Steve Merryday upheld Relator John King’s amended qui tam Complaint against grenade manufacturer DSE, Inc. and its subcontractors Kaman Precision Products, GTI Systems, and JKS Industries.  Mr. King, a former employee at DSE, alleges that the company terminated him from the position of quality-assurance manager when he refused to certify the quality of defective grenades that either exploded prematurely or failed to explode at all.

Leading Private Ambulance Company to Pay $2.7 Million to Settle False Claims Act Suit

American Medical Response (“AMR”), one of the country’s largest private ambulance services, will pay the United States government $2.7 million to resolve allegations that it defrauded Medicare and other federal health insurance programs.

The allegations against AMR were originally brought by several former employees, who alleged that AMR coded “basic life support” calls as “advanced life support,” which are reimbursed at a higher rate by Medicare.

Diagnostic Sleep Companies to Pay $650,000 to Settle False Claims Act Suit

Three related companies, Areté Sleep LLC, Areté Sleep Therapy LLC and Areté Holdings LLC, have agreed to pay the United States Department of Justice $650,000 to settle claims that the Areté companies defrauded Medicare in violation of the False Claims Act.  The settlement resolves claims that Areté submitted false claims to Medicare for diagnostic sleep tests performed by technicians lacking the licenses or certifications required by Medicare’s rules and regulations.

U.S. District Court in Tennessee Awards Government in Excess of $82 Million in FCA Suit Regarding Medicare Fraud

On May 26, 2011, Judge William J. Haynes, Jr. awarded the United States $82,642,592.00 in damages after granting summary judgment in favor of the government on its False Claims Act (“FCA”) claim against Fresenius Medical Care Holdings, Inc.  The award was based on treble damages under the FCA of $38,873,592 and $43,769,000 in civil penalties.

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