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False Claims Act

DOJ Reports United Airlines to Pay $49 M to Resolve Criminal Fraud Charges and Civil Claims

According to the DOJ’s press release, United Airlines (“United”), agreed to pay over $49 million to resolve criminal charges and civil claims relating to fraud on postal service contracts for transportation of international mail. United entered into a non-prosecution agreement (“NPA”) with the Criminal Division’s Fraud Section and agreed to pay $17,271,415 in criminal penalties and disgorgement to resolve a criminal investigation into a fraud scheme perpetrated by former employees of United’s Cargo Division in connection with United’s execution of contracts to deliver mail internationally… Read More »DOJ Reports United Airlines to Pay $49 M to Resolve Criminal Fraud Charges and Civil Claims

Middle District of Florida Grants HealthSouth’s Motion for Summary Judgment in FCA Retaliation Case

Defendants (Encompass Health Rehabilitation Hospital of Sarasota, LLC, HealthSouth Real Property Holdings, LLC, and HealthSouth Corporation)(collectively “HealthSouth”) operate a for-profit inpatient rehabilitation facility (“IRF”) in Sarasota, Florida. The Plaintiff, Dr. Emese Simon, is a physiatrist who operated an outpatient medical practice through her wholly owned company, Florida Rehabilitation Associates, PLLC. Dr. Simon was also an attending physician with admitting privileges at HealthSouth Sarasota Hospital and had an independent contractor agreement with HealthSouth. Dr. Simon filed this False Claims Act (“FCA”) on February 3, 2012 in… Read More »Middle District of Florida Grants HealthSouth’s Motion for Summary Judgment in FCA Retaliation Case

Feb. 8, 2021 – Florida District Court Awards Whistleblower $952,480.00 in Attorney Fees Against Hospital Chain in False Claims Act Case

In the Fall of 2018, the DOJ announced Health Management Associates, LLC (HMA), a defunct U.S. hospital chain headquartered in Naples, Florida, would pay over $260 million in a global settlement to resolve criminal and civil claims relating to a scheme to defraud the United States. The $260 million global settlement was the result of eight qui tam cases filed in various district courts and transferred to the U.S. District Court for the District of Columbia as part of a multi-district litigation. See DOJ Press… Read More »Feb. 8, 2021 – Florida District Court Awards Whistleblower $952,480.00 in Attorney Fees Against Hospital Chain in False Claims Act Case

DOJ Reports Florida Business Woman Agrees to $20.3 Million Civil False Claims Act Settlement

Relator filed the action in the United States District Court for the Middle District of Florida, pursuant to the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730(b) the “Civil Qui Tam Action”). The Civil Qui Tam Action alleges that Defendants submitted or caused to be submitted false and/or fraudulent claims for payment to Medicare and other government payors, by falsifying documentation in order to fraudulently establish Durable Medical Equipment companies to bill for medically unnecessary DME equipment and engaging in improper… Read More »DOJ Reports Florida Business Woman Agrees to $20.3 Million Civil False Claims Act Settlement

Florida District Court Dismisses Relator’s False Claims Act Complaint for Failure to Satisfy the Heightened Pleading Requirements Under Fed. R. Civ. P. 9(b)

On January 19, 2021, the U.S.D.C. for the Middle District of Florida, dismissed the Relator’s First Amended Complaint. Relator is an ophthalmologist that purchased an ophthalmology practice from Defendant, who is also an ophthalmologist. Relator alleges that after purchasing the practice, he discovered years of Medicare fraud conducted by Defendant. Specifically, Relator alleges that Defendant would falsely diagnose patients as being “glaucoma suspect” so he could provide unnecessary services to patients and then bill Medicare for these services. Defendant moved to dismiss Relator’s First Amended… Read More »Florida District Court Dismisses Relator’s False Claims Act Complaint for Failure to Satisfy the Heightened Pleading Requirements Under Fed. R. Civ. P. 9(b)

Relator’s Qui Tam Suit Asserting False Claims Act Violations Dismissed with Prejudice

Relator brought qui tam suit against Chicago Vein Institute and its founding physicians, claiming violations of the False Claims Act (“FCA”), including a violation of the FCA’s anti-retaliation provision. More specifically, Relator alleged: (1) defendants knowingly presented false or fraudulent claims for payment; (2) knowingly made, used or caused to be made or used, false records or statements material to a false or fraudulent claim; and (3) knowingly concealed or knowingly and improperly avoided obligations to pay the government. Additionally, Relator alleged Defendants offered and… Read More »Relator’s Qui Tam Suit Asserting False Claims Act Violations Dismissed with Prejudice

Eleventh Circuit Revives False Claims Act Whistleblower Lawsuit Against Florida Mortgage Company

Fourteen years ago, Relators filed this qui tam action under the FCA against the now defunct Mortgage Investors Corporation (“MIC”), to recover monies the VA had paid when MIC allegedly added unlawful fees to VA-backed loans. Among other things, the district court granted MIC’s motion for summary judgment on the FCA claim holding no reasonable jury could find MIC’s alleged fraud was material. The Relators appealed. On January 15, 2021, the 11th Circuit concluded the summary judgment was improper on Relators’ FCA claim because genuine… Read More »Eleventh Circuit Revives False Claims Act Whistleblower Lawsuit Against Florida Mortgage Company

Justice Department Recovers Over $2.2 Billion from False Claims Act Cases in Fiscal Year 2020

On January 14, 2021, the DOJ announced it had obtained more than $2.2 billion in settlements and judgments from civil cases involving fraud and false claims against the government in the fiscal year ending Sept. 30, 2020. Of the more than $2.2 billion in settlements and judgments recovered by the Department of Justice this past fiscal year, over $1.8 billion relates to matters that involved the health care industry, including drug and medical device manufacturers, managed care providers, hospitals, pharmacies, hospice organizations, laboratories, and physicians.… Read More »Justice Department Recovers Over $2.2 Billion from False Claims Act Cases in Fiscal Year 2020