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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

Southern District Finds Crime-Fraud Exception Did Not Apply to and Extinguish Defendant’s Assertion of Attorney-Client Privilege or Work Product Privilege

Plaintiffs (“Diamond”) operate timeshare properties, and sued multiple Defendants for: (1) unfair competition, false advertising, and trademark dilution under the Lanham Act; and (2) unfair competition and tortious interference under Florida law. One of the Defendants is DC Capital. All Defendants assist consumers who are trying to get out of timeshare contracts. “Diamond Owners” refers to all owners of Diamond timeshares who were clients of DC Capital. In response to Diamond’s requests for production, DC Capital asserted the attorney-client and work product privileges over documents… Read More »Southern District Finds Crime-Fraud Exception Did Not Apply to and Extinguish Defendant’s Assertion of Attorney-Client Privilege or Work Product Privilege

Two Women Indicted on $100 Million Home Health Care Fraud and Money Laundering Scheme

The U.S. DOJ, District of Massachusetts issued a press release on February 1, 2021 concerning two women that were arrested and charged in connection with a home health care fraud scheme. The government also filed a civil action seeking forfeiture of five properties and 40 financial accounts and investments in a scheme to launder the ill-gotten gains. Newton was part owner and operator of Arbor Homecare Services LLC (“Abor”). Waruru was a Licensed Practical Nurse employed as a home health nurse at Arbor. It is… Read More »Two Women Indicted on $100 Million Home Health Care Fraud and Money Laundering Scheme

The California Department of Public Health is Investigating Whistleblower Allegations of Mismanagement and Incompetence at the State’s New Billion Dollar COVID-19 Testing Laboratory

According to reports by the Associated Press, U.S. News & World Report, and numerous other news outlets, the investigation concerns whistleblower allegations including lab technicians sleeping on the job while processing testing samples, contamination resulting in inconclusive tests, swapped samples, inaccurate results, as well as unlicensed and inadequately trained employees handling patient specimens. https://www.usnews.com/news/best-states/california/articles/2021-02-09/california-probes-whistleblower-allegations-from-covid-lab https://abc7.com/ca-whistleblower-lab-california-investigation-perkinelmer-santa-clarita-covid-testing-under/10327377/

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)

District Court Compels Facebook Posts/ESI from Private Group Facebook Page and Personal Facebook Pages

Plaintiff, a transgender woman and former inmate with the Illinois Department of Corrections (“IDOC”), filed a lawsuit in the U.S.D.C., S.D. Illinois, against wardens and officers of the IDOC pursuant to 42 U.S.C. § 1983. The Plaintiff asserted claims for deprivations of her constitutional rights, alleging sexual, physical and mental abuse, cruel and unusual punishment, and excessive force. Plaintiff also alleged Defendants failed to protect her from abuse, and kept her in segregation on false disciplinary charges which prevented her from receiving proper mental health.… Read More »District Court Compels Facebook Posts/ESI from Private Group Facebook Page and Personal Facebook Pages