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Author Archives: Jonathan Tycko

Two Recent Decisions Hold That A Whistleblower Is Not Barred From Bringing A Qui Tam Lawsuit Based Upon Facts Already Known To The Government As A Result Of Audit Or Investigation That Is Not Known To The General Public

One of the procedural hurdles facing a whistleblower who brings a qui tam lawsuit under the False Claims Act (FCA) is the so-called “public disclosure bar.”  That bar arises from a section of the FCA stating that a qui tam case may be subject to dismissal if it is “based upon the public disclosure of […]

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Court Upholds Doctor’s Health Care Fraud Conviction For Performing Medically Unnecessary Procedures

A federal appellate court recently upheld the conviction of a Maryland cardiologist who was charged with health care fraud for performing coronary stent procedures-the insertion of small tubes, known as stents, in coronary arteries-when the procedures were not medically necessary. The opinion, United States v. McLean, 715 F.3d 129 (4th Cir. 2013), clarifies when a […]

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Qui Tam Case Against Tremco, Inc., Alleging Defects In BURmastic Roofing Systems, Settles For $60 Million

A recently-unsealed False Claims Act lawsuit, brought by a qui tam whistleblower, against Tremco, Inc., has reportedly settled for approximately $60 million.  This case is particularly interesting, because the whistleblower alleged in his complaint not only that Tremco (and its parent company RPM International, Inc.) violated various rules governing federal contracts, but also that at […]

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Drug Manufacturer Sanofi US Settles False Claims Act Allegations for $109 Million

In December 2012, the Department of Justice announced a $109 million settlement it reached with Sanofi US, an international drug manufacturer, resolving False Claims Act allegations that were brought against the company regarding its knee injection drug, Hyalgan. According to the complaint filed against Sanofi US, the manufacturer gave its sales representatives numerous free samples […]

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Healthpoint Ltd. Agrees to Settle Medicare and Medicaid False Claims Act Case for up to $48 Million

The Department of Justice announced a settlement it reached with Healthpoint Ltd. and DFB Pharmaceuticals for up to $48 million.  The settlement resolves allegations that Healthpoint submitted false claims to Medicare and Medicaid for Xenaderm, a prescription skin ointment for the treatment of bed sores in nursing home patients.  The companies will pay $28 million […]

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New York Attorney General Sues Credit Suisse For Residential Mortgage-Backed Securities Fraud

On November 20, 2012, the New York Attorney General, Eric Schneiderman, along with the Residential Mortgage-Backed Securities (RMBS) Working Group filed a Martin Act complaint against Credit Suisse Securities LLC.  The complaint accuses Credit Suisse of deceiving investors about the quality of the mortgage loans which were part of the RMBS the company was selling. […]

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United States Files New Lawsuit Against KBR

The United States announced a new civil complaint it filed against Kellogg, Brown & Root Services Inc. (KBR), the Army’s primary contractor for logistical support in Iraq, and a Kuwaiti subcontractor.  The complaint accused KBR and subcontractor First Kuwaiti Trading Company of submitting false and inflated claims to the government for services associated with the […]

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