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Diana L. Courson

The False Claims Act: What Every Employment Lawyer Must Know

May 2005
Jack E. Fernandez
Health Care Fraud (Andrews Litigation Reporter)

The Federal Bureau of Investigation raids a company that provides geriatric care and related services at a nursing and assisted-living facilities and carts away tens of thousands of documents. Whistle-Blowers file a complaint against a hospital alleging the hospital's top brass established a corporate climate that tolerated and encouraged illegal remuneration as one way to ensure the success of its various enterprises.

A major defense contractor is investigated for allegations of improper accounting of government billings. A major pharmaceutical company is investigated for making allegedly improper payment to physicians in return for their agreement to prescribe certain drugs. Renal care clinics are subpoenaed for information about their businesses and laboratory operations.

Companies settle with the government for unpaid postage. Accounting firms settle with the government for allegedly bad advice given to hospitals. Superfund fraud is alleged. A farmer settles claims that he defrauded the government of federal farm payment. A major American university settles federal claims that it overbilled Medicaid and Medicare.

These are just a few examples of cases either investigated or prosecuted under the federal False Claims Act.

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