The number of Qui Tam false claims cases has grown by double digits each year, since amendments were made to the False Claims Act (FCA) in 1986. Approximately 7,200 Qui Tam cases have been filed since 1987, according to the U.S. Department of Justice (DOJ). The major trend, in addition to the increase in filings,
Between January 2009 and June 2011, the DOJ recovered more than $7.3 billion in civil settlements and judgments under the False Claims Act. Assistant Attorney General for the Civil Division Tony West stated that the DOJ “has never been more aggressive—or more successful—in the anti-fraud battle as it has in the last two years.” State recoveries are also reaching record-highs and looking to pass or amend aggressive false claims statutes patterned after the FCA.
Home Depot was sued for false claims for selling Chinese goods to the federal government in violation of the Buy American Act. That act requires all materials used in construction of public projects to originate in the United States or “designated countries.” GSA contracts with Home Depot authorize government agencies to purchase thousands of products from Home Depot’s designated website while many of the products on the website are actually manufactured in China and other non-designated countries.
The New York Times reports that hospice care is under the microscope for care and treatment that may not be necessary. The amount of money spent on hospice care grew from $2.9 billion in 2000 to more than $12 billion in 2009. The increase is attributable to Medicare regulations some years ago that demonstrated that allowed for hospice care as a cost-effective way of caring for individual near the end of life.
On June 13, 2011, it was announced that the U.S. Department of Justice would intervene in a False Claims Act suit against Eli Hage Korban, M.D., and two Tennessee hospitals, Jackson-Medicine Country General Hospital and Regional Hospital of Jackson. The suit is before Judge Bernice Bouie Donald, U.S. District Court for the Western District of Tennessee,
In early June 2011, a U.S. District Court Judge ordered Johnson & Johnson to pay $327 million due to its deceptive marketing of the antipsychotic medication, Risperdal. The Office of the Inspector General of the U.S. Office of Personnel Management, the U.S. Department of Justice, the U.S. Attorney’s Office of the Eastern District of Pennsylvania,
On June 17, 2011, the U.S. Department of Justice announced the settlement of claims against Fluor Hanford, Inc. alleging that the company knowingly submitted false claims and paid and received kickbacks relating to a contract to operate and manage radioactive waste at the Department of Energy’s Hanford Nuclear Site in Hanford,
The Wall Street Journal reports that the development of New York City’s automated payroll system – known as CityTime – was the subject of significant fraudulent kickbacks. The US Attorney recently announced indictments of two New Jersey executives accused of paying off contractors involving over $600 million in city funds,
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.
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.
If you are aware of any person, corporation or entity that you think may be violating the False Claims Act, securities, commodities, tax, anti-money laundering, or sanctions laws, contact us today.