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Author Archives: Jonathan Tycko

Department of Justice Report Shows Whistleblowers Consistently Rewarded through Qui Tam Lawsuits

Six Key Take-Aways From the 2019 False Claims Act Statistics Report    The False Claims Act remains a remarkably successful tool for fighting fraud on the government.  According to annual statistics just released by the U.S. Department of Justice (DOJ), whistleblowers continue to collect handsome rewards for their brave efforts to root out and expose fraud […]

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Pharmaceutical Company Agrees To $54 Million To Settle False Claims Kickback Allegations

Teva Pharmaceuticals has agreed to pay $54 Million to settle false claims kickback allegations brought by two whistleblowers, Charles Arnstein and Hossam Senousy. In their 2013 complaint, the whistleblowers asserted that Teva Pharmaceuticals (“Teva”) violated the False Claims Act when the company knowingly induced physicians to prescribe two of the company’s drugs in exchange for […]

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A Qui Tam Defendant’s Presentations to Government During Investigation Was Found Unprotected from Discovery in Other Lawsuits, Federal District Court Ruled

In a recent decision, a federal district court judge ruled that a defendant’s presentations to the Department of Justice, made during the course of the Department’s investigation of a pending False Claims Act qui tam lawsuit, are not protected from discovery by the whistleblower who brought that lawsuit. The case is the United States and […]

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California Court Issues Ruling In Favor Of Whistleblower In Case Alleging Use Of Kickbacks In Violation Of California Insurance Fraud Prevention Act

On March 28, 2019, in an important victory for California whistleblowers, the Superior Court for the County of Orange held that Insurance Code section 1871.7, the Insurance Fraud Prevention Act (“IFPA”) applies to claims made to workers’ compensation insurers resulting from patient referrals induced by kickbacks.  Tycko & Zavareei LLP represents the plaintiff in this […]

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U.S. Court of Appeals for the Third Circuit Issues Landmark Decision Holding that Failing to Properly Mark Imports with their Foreign Country of Origin Can Give Rise to False Claims Act Liability

October 6, 2016 – In an important case of first impression, the United States Court of Appeals for the Third Circuit yesterday ruled that if a company knowingly evades customs duties by importing goods that are not properly marked with their foreign country of origin, that company is subject to being sued by whistleblowers under […]

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Supreme Court Upholds “Implied Certification” Theory of Liability Under the False Claims Act

Yesterday, the Supreme Court issued its long-awaited decision in Universal Health Services, Inc. v. United States ex rel. Escobar, the most significant False Claims Act (“FCA”) decision of the year.  At issue was a theory of liability known as “implied certification,” and whether this theory was valid under the FCA. The relators (the technical term […]

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Leading Medical Device Company, Olympus Corporation of the Americas, Settles Kickback Charges For An Historic $646 Million Dollars

The biggest settlement in U.S. history under the Anti-Kickback Statute was recently entered into by Olympus Corporation of the Americas (“Olympus”), a medical device company headquartered in Center Valley, Pennsylvania. Olympus settled related civil and criminal charges for a substantial $646 million dollars. The complaints allege that the company engaged in various kickback schemes to […]

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In State False Claim Act Case Involved A Country Club’s Failure To Escheat Unclaimed Deposits, California Court Rules That Defendant’s SEC Filings Are Not “Public Disclosures”

The California Court of Appeal, Second Appellate Division (an intermediate appellate court in California’s state court system) recently ruled, in an interesting qui tam case brought under the California False Claims Act (“CFCA”), that a defendant’s filings with the United States Securities and Exchange Commission (“SEC”) are not “public disclosures” within the meaning of the […]

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Whistleblowers Can Help Fight Customs Fraud By Bringing Qui Tam Lawsuits Under The False Claims Act

The United States collects more than $30 billion in customs duties each year, making duties the second largest source of revenue for the federal government after income taxes.  But the agency charged with collecting customs duties, Customs and Border Patrol (“CBP”), estimates that between fiscal years 2007 and 2012, approximately $2.2 billion in customs duties […]

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