In the flurry of litigation following the mortgage crisis and on the heels a $158 million deal with Citigroup and a $1 billion settlement with Bank of America, Flagstar has agreed to pay $133 million to settle civil allegations that it improperly approved mortgage loans to be insured through a Federal Housing Administration (FHA) program.
In a move that should have whistleblowers rejoicing, Tony West is taking over the position of associate attorney general at the Justice Department. West, who has been the head of the Justice Department’s Civil Division since 2009 is taking over for Thomas Perrilli, who leaves the position after three years.
John Kinnucan, a research analyst who has recently been critical of government insider trading laws and prosecutions has been arrested for insider trading. The Department of Justice and the SEC have charged Kinnucan with paying insider sources with gifts including vacations and meals for tips that he passed along to two hedge funds.
Gunnison Energy Corporation and SG Interests settled a series of claims under the federal antitrust statutes and the false claims act related to their agreement not to compete in bidding for natural gas leases that the US Department of the Interior’s Bureau of Land Management sold at auction. The lawsuits and settlement resulted from a whistleblower who filed a qui tam action under the False Claims Act.
India is seeking to fight corruption by passing its own false claims act modeled on the United States’ version of the act. It would allow whistleblowers to bring claims against contractors and to receive a cut of the proceeds received from such claims. Indian government officials are considering the legislation to counter routine fraud in the infrastructure sector in which poor quality work is rampant.
The United States settled claims against Pennsylvania-based Capmark Finance LLP for making false statements in connection with loans insured by the Department of Housing and Urban Development (HUD). The government claimed that Capmark falsified information relating to the creditworthiness of two nursing homes that subsequently defaulted on the loans. Capmark (which filed for bankruptcy) agreed to pay the government $3.9 million to settle the claims.
Accela Medical LLC, Coventry Diagnostics LLC and Western Slope Laboratory LLC, three Troy laboratory companies, were fined $6 million to resolve False Claims Act violations against the government. Accela was improperly billing for urine drug testing and Coventry and Western Slope were performing the tests. The scheme was set up by Thomas McCormick of Troy and Charles Reinhardt of Accela.
Between 2000 and 2008, fourteen hospitals located in New York, Mississippi, North Carolina, Washington, Indiana, Missouri and Florida were overcharging Medicare when performing kyphoplasty, a procedure that is used to treat certain spinal fractures. The hospitals agreed to pay the government over $12 million to settle the allegations. To date,
TriWest Healthcare Alliance, one of the Pentagon’s major health care contractors, was fined $10M for claims the company defrauded the government by failing to pass on savings to the military. TriWest Healthcare Alliance is one of three main contractors for Tricare, the Pentagon’s health program. Four former TriWest employees filed the claim stating that TriWest “systematically defrauded” TriCare by keeping savings it brought in while working on the contract.
Influential in Securing House passage of the False Claims Act Amendments of 1986, Representative Howard Berman joins in the commemoration of its 25th anniversary. Since the False Claims Act was amended, the government has recovered over $30 billion in settlements and judgments in civil cases involving fraud against the government.
If you are aware of any person, corporation or entity that you think may be violating the Federal False Claims Act or a State False Claims Act, contact us today.