bay area qui tam attorney

November 15, 2019

Common Mistakes Whistleblowers Make

amaury-salas-IhXrWDckZOQ-unsplash-copy-300x194 When handled correctly, whistleblower cases can prevent fraud from occurring against the government, help make things right, and even compensate the whistleblower. However, too often these cases fall apart simply because mistakes are made during the process. This is largely because state and federal whistleblower laws are complicated. If you do not understand the laws, it is easy to not follow them correctly and this can lead to mistakes in your whistleblower claim. Below are the most common mistakes made in these cases, so you can avoid making the same ones in yours.

Not Understanding if You Have Protection

The federal False Claims Act and California’s False Claims Act both provide protections for whistleblowers. However, to enjoy that protection, the action that you are reporting on must fall into certain categories. For example, upcoding, kickbacks, billing for services not rendered, and billing for unnecessary medical procedures are all considered actions that may lead to a whistleblower claim. If the actions are not stipulated within the law, you may not have a valid claim.

August 30, 2019

Common Types of Qui Tam Lawsuits

by Gregory J. Brod

anthony-ginsbrook-sTw2KYpoujk-unsplash-copy-300x200 Qui tam lawsuits are brought by individuals, known as whistleblowers, against a company that defrauded the United States government. Whistleblowers do receive compensation for alerting the government of the fraud, but this is not the motivation behind most qui tam lawsuits. Whistleblowers feel a moral obligation to report the company and set things right. There are a number of ways they do this, and many different types of qui tam lawsuits. The most common are found below.

Kickback Qui Tam Cases

Kickbacks are incentives, usually bribes or discounts, paid to an individual or entity to induce certain government healthcare programs, such as Medicare. For example, an entity, such as a cancer treatment center, may bribe a doctor to refer patients to them. Kickbacks of this or any other kind are illegal under the Anti-Kickback Statute. Many whistleblowers have seen companies and other entities receive kickbacks, making this a common type of qui tam case.

March 18, 2019

Is There a Statute of Limitations on Qui Tam Lawsuits?

by Gregory J. Brod

david-kennedy-412640-unsplash-copy-240x300 Nearly every lawsuit or legal action has a statute of limitations. A statute of limitations is the time limit within which the plaintiff, or person filing the lawsuit, can file a claim. Personal injury lawsuits in California have a statute of limitations of two years. Even criminal cases have a statute of limitations, although these will vary depending on the type of crime committed.

When a whistleblower learns of wrongdoing, he or she also has the right to file a lawsuit, although these are different from personal injury or criminal lawsuits, even though criminal charges and damages could result from them. This has many wondering whether or not there is a statute of limitations on qui tam lawsuits. If there is, has that statute already run out?

The Federal False Claims Act

December 5, 2018

Seven Circumstances That May Lead the Government to Dismiss Your Qui Tam Claim

by Gregory J. Brod

kyle-glenn-629501-unsplash-1-copy-300x200 As a whistleblower who has filed a qui tam case, your goal is to convince the government to prosecute your case. However, this is usually not an easy task. In fact, there are many situations in which the government may choose to dismiss your False Claims Act (“FCA”) claim, and the Department of Justice (“DOJ”) has outlined seven circumstances under which your qui tam claim may be dismissed. If you believe you have a strong qui tam claim, contact the qui tam attorneys at Willoughby Brod today to learn more about the strength of your case and your options moving forward.

False Claims Act

Section 3730(c)(2)(A) of the False Claims Act provides the following: “The Government may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.”

September 28, 2018

Do You Need an Attorney to File Your Qui Tam Case?

by Gregory J. Brod

joe-perales-117891-copy-300x198 In general, if you want to file a lawsuit against another person or entity, you have the option of going at it alone (pro se) or hiring an attorney to represent you. While pursuing a lawsuit pro se may not be the wisest in all situations, some people still choose to go that route because it is more cost effective and they do not have to give away a portion of their winnings to their attorney. With qui tam lawsuits, however, it is almost impossible to go at it without an attorney because of how complex qui tam lawsuits are. Here are a few ways in which an experienced qui tam attorney can help you have a successful qui tam case.

Government Intervention

The most important thing you will want to achieve early on in your qui tam case is to get the government to intervene, as your case has a much higher chance of success that way. Our attorneys specialize in qui tam cases in which the government intervenes, and we will do our best to persuade the government to intervene in your case. After practicing qui tam cases for years, our attorneys have become well acquainted with government qui tam attorneys and how to communicate efficiently and effectively with them.

August 29, 2018

Five Times You Cannot File a Qui Tam Whistleblower Suit

by Gregory J. Brod

israel-palacio-463979-copy-300x200 While most individuals have the opportunity to bring a qui tam whistleblower suit for any violation of the False Claims Act, there are certain exceptions to who may bring a qui tam whistleblower suit and the conditions of the suit. The following are five instances that, if applicable to you, bar you from filing a qui tam whistleblower suit. If you believe any of the following may apply to you, contact an experienced qui tam whistleblower attorney immediately to find out if you fall into one of the below classes and what options are available to you.

Former and Present Members of the Armed Forces

Under the Civil Actions for False Claims Act, a former or present member of the armed forces may not, in his or her capacity as a qui tam whistleblower, sue another member of the armed forces for fraudulent actions arising out of the whistleblower’s service. Additionally, while the statute does not bar governmental employees from bringing a False Claims Act (FCA) suit, governmental employees wishing to bring an FCA suit should be prepared to respond to challenges that he or she cannot bring suit as a governmental employee.

July 28, 2017

Pharmaceutical Manufacturer Celgene to Pay $280 Million for Fraud Allegations

by Gregory J. Brod

andres-de-armas-103880-copy-300x200 On July 24, the U.S. Attorney’s Office for the Central District of California announced that Celgene Corp., a pharmaceutical manufacturer headquartered in New Jersey, will pay $280 million to numerous states and the federal government to settle claims that it submitted false claims to the federal government and state health programs. From the settlement, $259.3 million will go to the federal government, $20.7 million will be divided among 28 states and the District of Columbia. California is set to receive more than any other state at $4.7 million.

U.S. ex rel. Brown v. Celgene Corp.

The settlement is the result of a whistleblower lawsuit filed by Beverly Brown under the qui tam provision of the False Claims Act. Brown, who was a sales manager at Celgene, brought a lawsuit on behalf of the federal and state governments. She provided evidence that Celgene promoted two cancer drugs, Thalomid and Revlimid, for uses that were not approved by the U.S. Food and Drug Administration and therefore not covered by federal healthcare programs.

April 14, 2017

Understanding the Qui Tam Legal Process

by Gregory J. Brod

Qui tam claims are lawsuits filed by private citizens on behalf of the federal government based on allegations that someone violated the False Claims Act (FCA) or another federal statute. Most of the time these types of claims are brought by employees, or ex-employees, who were able to gather evidence of false claims made by their employer to the government. Qui tam cases are complicated, and it is crucial that you, as a whistleblower, work with an experienced California qui tam lawyer and understands the legal process you are about to undergo.

If you believe you have evidence of fraud against the government, call the Brod Law Firm to learn about what to do next.

An Overview of the Qui Tam Process

May 29, 2015

New U.S. Supreme Court Ruling is a Mixed Bag for Whistleblowers

by Gregory J. Brod

When someone identifies an act of health care fraud, it is important that they speak up. However, under the False Claims Act (FCA) the ways in which they speak up are limited by Federal law. A recent Supreme Court ruling on qui tam lawsuits arising under the FCA will have broad implications for whistleblowers.

The Background

According to the LII Supreme Court Bulletin, Benjamin Carter first filed a qui tam suit against Kellogg Brown & Root Services, Inc. (KBR) in 2006. His lawsuit alleged that KBR had fraudulently billed the United States government for water purification services that were either performed improperly or not performed at all. The District Court dismissed the complaint based on the first-to-file rule which states that when a private person brings a qui tam lawsuit under the FCA, no person can bring a related action based on the same underlying facts. In this case, Mr. Carter’s complaint was dismissed because there was a pending case with similar claims that had been filed earlier. While Mr. Carter appealed, the pending case was dismissed. Mr. Carter filed a new lawsuit, which was also dismissed for the same reason – the pending case was now pending on appeal.