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Category Archives: Defense Contractor Fraud
DOJ Announces Over $5 Billion in False Claims Act Recoveries Since 2009
The record health care fraud civil recoveries of $2.5 billion announced today made up 83 percent of the year’s total civil fraud recoveries. HHS reaped the biggest recoveries, largely attributable to its Medicare and Medicaid programs. Recoveries were also made by the Office of Personnel Management, which administers the Federal Employees Health Benefits Program, the Department of Defense for its TRICARE insurance program and the Department of Veterans Affairs, among others.
Assistant Attorney General West noted that since January 2009, the Civil Division, together with the U.S. Attorneys’ offices, set a two-year record for health care fraud enforcement efforts, recovering $4.6 billion in taxpayer funds under the False Claims Act from health care providers and others in the industry, and securing 25 criminal convictions as well as more than $3 billion in fines, forfeitures, restitution and disgorgement under the Food, Drug and Cosmetic Act (FDCA).
Posted in Criminal Defense Lawyer, Criminal Law, Defense Contractor Fraud, Department of Justice, False Claims Act, Fraud, Government Fraud, Health Care Fraud, High Profile Prosecutions, Insurance Fraud, Medicaid Fraud, Medicare Fraud, Nursing Home Fraud SC, Pharmacy/Pharmaceutical Fraud, Qui Tam-Whistleblower, U.S. Attorney, White Collar Crimes
Tagged attorney, conviction, Department of Justice, disgorgement, doj, Eric Holder, false claims act, fca, FDCA, fines, Food Drug and Cosmetic Act, forfeitures, government fraud, Health Care Fraud Prevention and Enforcement Action Team, HEAT, HHS, law firm, lawyer, Medicaid fraud, medicare fraud, oig, restitution, sc, south carolina, Tony West, Tricare
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Common Types of Medicare Fraud, Medicaid Fraud and Tricare Fraud for South Carolina Lawyers and Attorneys
Fraud under the False Claims Act means that a contractor has knowingly presented a false claim for payment to the United States. Knowingly, under the False Claims Act, means actual knowledge of the fraudulent acts, or acting with deliberate indifference or reckless disregard of the truth or falsity of the claims made. 31 U.S.C. § 3729(b). The fraud can occur wherever federal monies are directly or indirectly used to purchase services or goods.
Fraud typically occurs in areas where the United States is spending the most money. While in the late 1980s, many cases were brought for fraud in connection with the defense industry, in 2010, many of the False Claims Act cases involve federal health care benefit program fraud, to wit, Medicare fraud, Medicaid Fraud and Tricare fraud (Military—formerly CHAMPUS), or involve violations of labor, tax or environmental statutes.
Posted in Criminal Defense Lawyer, Criminal Law, Defense Contractor Fraud, Department of Justice, Environmental Crimes, False Claims Act, Fraud, Government Fraud, Health Care Fraud, Hospice Fraud, Insurance Fraud, Medicaid Fraud, Medicare Fraud, Nursing Home Fraud SC, Qui Tam-Whistleblower, U.S. Attorney, White Collar Crimes
Tagged attorney, criminal, criminal defense, criminal law, criminal lawyer, Department of Justice, doj, FBI, fca, fraud, health care fraud, law firm, lawyer, Medicaid, Medicare, qui tam, sc, south carolina, U.S. Attorney, whistleblower, white collar
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Foreign Corrupt Practices Act (FCPA) for SC Lawyers, Attorneys and Law Firms
U.S. firms seeking to do business in foreign markets must be familiar with the FCPA. In general, the FCPA prohibits American companies from making corrupt payments to foreign officials for the purpose of obtaining or keeping business. The Department of Justice is the chief enforcement agency, with a coordinate role played by the Securities and Exchange Commission (SEC). The Office of General Counsel of the Department of Commerce also answers general questions of U.S. exporters concerning the FCPA’s basic requirements and constraints. This brochure is intended to provide a general description of the FCPA, and is not intended to substitute for the advice of private counsel on specific issues related to the FCPA. Moreover, material in this brochure is not intended to set forth the present enforcement intentions of the Department of Justice or the SEC with respect to particular fact situations.
Posted in Bribery, Criminal Defense Lawyer, Criminal Law, Defense Contractor Fraud, Department of Justice, Foreign Corrupt Trade Practices, Fraud, Public Corruption, U.S. Attorney, White Collar Crimes
Tagged attorney, bribery, criminal defense, criminal law, Department of Justice, FCPA, foreign bribes, foreign corrupt trade practices, law firm, lawyer, sc, south carolina, U.S. Attorney
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Gonzalez v. Planned Parenthood, et al. (2010) — The Public Disclosure Bar in False Claims Act Whistleblower Cases
The district court held that the FCA’s public disclosure bar at 31 U.S.C. § 3730(e)(4)(A) divested it of jurisdiction over the federal claim because the contents of the FCA suit had been disclosed previously in a state court complaint and a state legislative committee report, and because Gonzalez was not the original source of the information previously disclosed. The district court additionally dismissed the CFCA claim because Gonzalez had characterized the claim under the state statute as “materially identical” to his claim under the federal FCA.
During the pendency of this appeal, two significant developments in the law occurred. First, the Supreme Court issued a decision that interpreted part of the jurisdictional provision at issue in this case. See Graham County Soil & Water Conservation Dist. v. United States ex rel. Wilson, 559 U.S. ___, 130 S. Ct. 1396 (2010). Second, Congress amended the same jurisdictional provision as part of the Patient Protection and Affordable Care Act (“PPACA”). See Pub. L. No. 111-148, § 10104(j)(2), 124 Stat. 119, 902 (2010).
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Posted in Defense Contractor Fraud, False Claims Act, Fraud, Government Fraud, Health Care Fraud, Medicaid Fraud, Medicare Fraud, Qui Tam-Whistleblower, U.S. Attorney, White Collar Crimes
Tagged 31 U.S.C. 3730, attorney, false claim act, fca, fraud, law firm, lawyer, Medicaid, Medicare, Patient Protection and Affordable Care Act, PPACA, public disclosure, qui tam, sc, south carolina, whistle blower, whistleblower
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Army Contracting Officer from Colorado Pleads Guilty to Bribery Related to Contracts
U.S. Army Major Roderick D. Sanchez pleaded guilty today to a one-count criminal information charging him with bribery for accepting money and items of value in return for being influenced in the awarding of Army contracts, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division.
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Posted in Criminal Defense Lawyer, Criminal Law, Defense Contractor Fraud, Fraud, Government Fraud, Sentencing Guidelines, White Collar Crimes
Tagged bribery, colorado, contracting officer, contractor fraud, crime, criminal defense, defense contractor, doj, fraud, government fraud, public integrity section, sc, sc fraud attorney, sc fraud law firm, sc fraud lawyer, south carolina, U.S. Attorney
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Department of Defense False Claims Act Case Settled by U.S. Attorney for South Carolina
United States Attorney Bill Nettles, stated today that FN Manufacturing, LLC has agreed to pay the United States $1,117,872.00 to resolve allegations of fraud involving FN’s failure to perform duties for which it was paid under a Mentor-Protegee program of the Department of Defense.
The Department of Defense paid FN $433,557.00 to provide mentor services for certain minority owned companies. Today’s settlement resolves allegations that FN completely failed to provide some services and contracted out other services under its mentor contract in violation of its contract with the Department of Defense.
Posted in Defense Contractor Fraud, Department of Justice, False Claims Act, Fraud, Government Fraud, Qui Tam-Whistleblower, South Carolina Attorney, South Carolina Criminal Defense Lawyer, South Carolina Fraud Lawyer, South Carolina Law Firm, South Carolina Lawyer, U.S. Attorney, White Collar Crimes
Tagged attorney, contractor fraud, department of defense, false claims act, fca, fraud, law firm, lawyer, qui tam, sc, SC Defense Contractor Fraud Law Firm, sc fraud lawyer, sc qui tam attorney, sc whistleblower lawyer, settlement, south carolina, U.S. Attorney, whistleblower
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