Defense of Clinical Laboratory in False Claims Act (FCA) Investigation
Defended a clinical laboratory in civil and criminal investigations by the Department of Justice, U.S. Attorney’s Office for the Northern District of California, Office of Inspector General, Federal Bureau of Investigation, and the California Department of Insurance related to inappropriate sales and marketing activities, phlebotomy payments, and other kickbacks. Civil and criminal investigators declined to intervene in the matter against the company.
Represented Electronic Health Records Company During Health Care Fraud Investigation
Represented an electronic health records and billing vendor in a government investigation by the U.S. Attorney’s Office for the Eastern District of Pennsylvania related to false claims submitted by and on behalf of a client health care professional. The matter was successfully resolved for the client.
Health Care Services Cleared of False Claims Allegations
We represented a health care services business that provided billing services to physicians groups and emergency rooms after a false claims act (FCA) suit was filed alleging the company had improperly coded and overcharged government health care services, including Medicare and Medicaid, by millions of dollars. We did our own analysis of the company’s records while working closely with the U.S. attorney’s office as well as the U.S. Department of Health and Human Services and found an explanation for the company’s coding and charges. As a result of our investigation no criminal charges were filed and the civil suit was not pursued.
Obtained Dismissal of False Claims Act Case
Obtained Dismissal under False Claims Act’s First-to-File Rule
Obtained Summary Judgment on False Claims Act Case Against NASA Contractor
Obtained Dismissal of False Claims Act Lawsuit Under Rule 9(b)
Dismissal and Enforcement of Release in False Claims Act Case
Our attorneys represented a government contractor in a qui tam suit brought by two relators alleging fraud and mismanagement in connection with several federal programs. The district court dismissed the complaint in its entirety without any discovery. The court also enforced a release signed by one of the relators while the case was pending under seal.
Obtained Favorable Settlement for Home Health Care Provider
Our attorneys represented a home health care provider in a qui tam lawsuit alleging fraudulent inducement of a contract to provide respiratory therapy equipment, supplies, and services to VA patients. Our client retained us after the court denied a motion to dismiss and costly discovery was underway. Our attorneys were able to obtain a fast and favorable settlement that allowed our client to continue its business.
Represented Department of Defense Contractor in Litigation about the Scope of the pre- and post-FERA False Claims Act
Obtained Dismissal of False Claims Act Case Alleging Fraudulent Inducement of Department of Energy Contract
Obtained Dismissal of False Claims Act Case Regarding Employee Overtime
Our attorneys represented a defense contractor in a qui tam suit alleging fraudulent government billings relating to unearned employee overtime. The district court granted our motion to dismiss the relator’s FCA claims prior to discovery.
Subpoena and Internal Investigation in False Claims Act case Involving Medicaid Drug Rebates
Our attorneys represented a major pharmaceutical distributor in a qui tam case involving the alleged failure to pay Medicaid rebates for repackaged drugs. All of the relator’s claims were dismissed.
Obtained Summary Judgment on False Claims Act case against Small Business and Sanctions Against Relator’s Counsel
Obtained Favorable Settlement in Intervened False Claims Act Case Alleging Violation of Environmental Laws
Successfully Resolved Intervened False Claims Act Case Against Department of Defense Contractor Involving Multiple Relators
Assistance with Internal Investigations, Government Investigations and Subpoenas
Defense of Pharmaceutical Company in False Claims Act (FCA) Lawsuit
Defended a global pharmaceutical company in a False Claims Act investigation involving five qui tam complaints related to the sales, marketing, and promotional activities for several drugs in the company’s product portfolio. Criminal and civil investigators from multiple federal agencies were involved in the investigation, including the U.S. Attorney’s Office for the District of Massachusetts, U.S. Food and Drug Administration (FDA), Veterans Administration (VA), and Federal Bureau of Investigation (FBI). The matter included document collection from more than 1,800 employees, witness interviews, and presentations to investigators. I negotiated a civil settlement agreement with the Department of Justice, settlement agreement and release with the lead qui tam relator, civil settlement agreements with the National Medicaid Fraud Control Unit team and individual states, and a corporate integrity agreement (CIA) with the U.S. Department of Health and Human Services Office of Inspector General (OIG).
Defense of a Supplier Through a Health Care Fraud Investigation
Defended a DME supplier in an extensive federal criminal/civil health care fraud investigation involving the alleged submission of false claims (FCA) to the federal and state health care programs by upcoding, improperly using billing modifiers, and other allegedly fraudulent billing practices. The matter was resolved with civil payback and client avoided criminal penalties.
Defense of Academic Medical Center in False Claims Act (FCA) Lawsuit
Representation of an academic medical center in a False Claims Act qui tam lawsuit alleging improper billing practices. The client was operating under a CIA at the time of the representation. The matter was resolved favorably for our client after extensive discovery, with no extension of the length of the CIA and no press release issued by the federal government.
False Claims Allegations Against Client Dismissed
Representation of an academic medical center in a False Claims Act (FCA) lawsuit involving allegations that the hospital lacked documentation to support its cost reports for GME expenses. The government declined intervention and the FCA claims were ultimately dismissed with prejudice without any payment.
Defended a Large Academic Medical Center Physician Practice in False Claims Act (FCA) Lawsuit
Representation of a large academic medical center physician practice in a False Claims Act lawsuit alleging improper referral arrangements among area hospitals and our physician practice client. The matter resolved for nuisance value with no CIA or other penalty imposed on our client.
Defense of National Physician Practice in False Claims Act (FCA) Lawsuit
Representation of a national physician practice in a False Claims Act lawsuit involving emergency department billing practices. The government declined intervention and the relator quickly abandoned prosecution of the case.
Represented Home Health Agency During Health Care Fraud Investigation
Representation of a Kentucky home health agency in a dual investigation by the Eastern District of Kentucky U.S. Attorney’s Office and Kentucky Medicaid into alleged improper mail order supply business, operating without a Certificate of Need and other claims. The investigation was closed without either agency taking any adverse action against the client.
Conducts Internal Investigations Relating to Potential Health Care Fraud and Business Conduct for Clients
Conducts internal investigations relating to potential health care fraud and other business conduct for clients across the health care spectrum, including a large health insurer, national long-term care and other providers, hospitals, physician practices, ambulance providers, therapy services providers, community mental health providers, DME suppliers, pharmaceutical and medical device manufacturers, laboratories, and others.
Represented Medical Device Company in Connection with Internal Investigation and Self-Disclosure to Government Regulators
Conducted an internal investigation for a medical device manufacturer of a compliance matter reported to the company and its board of directors. Further represented the company in a self-disclosure of the matter to the U.S. Department of Health and Human Services Office of Inspector General (OIG).
Represented Skilled Nursing Facility in False Claims Act (FCA) Investigation
I defended a skilled nursing facility and its parent company in a False Claims Act matter alleging the submission of false claims for rehabilitation therapy provided by the facility’s contracted rehabilitation therapy provider. Representation included the negotiation of a civil settlement agreement with the Department of Justice. No corporate integrity agreement was required by the Office of Inspector General.
Represented Global Pharmaceutical Manufacturer During Health Care Fraud Investigation
Defended a foreign-based global pharmaceutical manufacturer in a multi-jurisdiction (federal and state) government investigation of sales, marketing, and research activities. Client was dismissed from the False Claims Act (FCA) qui tam action, and intervention proceeded against their co-promote partner only.