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The False Claims Act (“FCA”) has long included protections from retaliation for whistleblowers who engage in conduct in furtherance of a lawsuit under the qui tam provision of the Act. Section 3730(h) of the FCA, the “Relief from retaliatory actions” provision, entitled an employee to relief if that employee was retaliated against by their employer […]

On December 6, 2022, the United States Supreme Court heard oral argument in United States ex rel. Polansky v. Executive Health Resources, Inc., a case regarding the government’s authority to dismiss a False Claims Act qui tam suit after it initially declined to pursue the suit. The facts of the case are straightforward. Respondent Executive […]

On November 1, 2022, Florida-based electronic health record (“EHR”) vendor, Modernizing Medicine, Inc. (“Mod Med”), agreed to pay $45 million to settle claims that it violated the False Claims Act by providing and accepting illegal remuneration in violation of the Anti-Kickback Statute (AKS) and causing its users to submit false claims. The claims arose from […]

Two Pennsylvania health companies, BioTelemetry, and its subsidiary, CardioNet LLC, have agreed to pay over $44 million to settle allegations that they violated the False Claims Act by knowingly submitting claims to Medicare, TRICARE, the Veterans Health Administration, and the Federal Health Benefits Program for heart monitoring tests. The United States government claimed that CardioNet […]

On December 14, 2022, the Department of Justice reported that Dr. Vijesh Patel, M.D., and his wife, Laju Patel, who was his office manager, agreed to pay over $420,000 to settle False Claims Act allegations that the couple referred patients for laboratory testing in exchange for kickbacks in violation of the Anti-Kickback Statute. The federal […]

Utah-based mortgage company Academy Mortgage Corporation (“Academy”) agreed to pay $38.5 million to the United States to settle allegations that Academy violated the False Claims Act by knowingly originating and underwriting deficient home loans. The settlement resulted from a whistleblower lawsuit filed in 2016 in the Northern District of California by former Academy employee, Gwen […]

On November 29, 2022, the Department of Justice announced that North Carolina government contractor, PowerSecure Inc., has agreed to pay $8.4 million to resolve claims that it violated the False Claims Act. The settlement resolves allegations that PowerSecure’s failed to provide certified cost or pricing data to the U.S. Army Corps of Engineers when negotiating […]

Medical Product Manufacturer, Coloplast, recently agreed to pay $14.5 million to settle allegations that it violated the False Claims Act in its dealings with the Department of Veteran’s Affairs. The settlement came after the company self-reported that it violated the Trade Agreements Act and the Price Reduction Clause in its contract with the VA. The […]

A smart and strategic choice of venue can set the stage for triumph, and in a Philadelphia False Claims Act Whistleblower case, that selection may make all the difference. "Circuit Split on Materiality Standard in FCA Cases and Choosing the Right Venue," by Edward T. Kang, was published in The Legal Intelligencer on November 10, […]

A Connecticut primary care medical practice and its principal member and owner have agreed to pay over $2.6 million to settle allegations made against them by the federal government and state of Connecticut that they improperly billed Medicare and Connecticut Medicaid, in addition to accepting illegal kickbacks in exchange for referrals. The settlement resolves allegations […]