News & Cases


Wrist Slaps & More Guilt Admissions Topics of Healthcare Fraud Conference

Conference on Fraud and Abuse in the Sales & Marketing of Prescription Drugs and Medical Devices It is common knowledge that the Department of Justice has recovered several billion dollars from health care providers through whistleblower lawsuits. The amounts recovered tend to be significantly lower than the unlawful profits made by the companies under scrutiny, but this is not the DOJ’s biggest problem today.
Arguably, the main focus of a recent Conference on Fraud and Abuse...

Naples Urology Doc Spellberg $1.5M Settlement on Medicare Billing Fraud Allegations

Naples Urology Doc Spellberg $1.5M Settlement on Medicare Billing Fraud Allegations

Florida based urologist David Spellberg recently agreed to repay the federal government $1.5 million dollars for allegedly unnecessary medical tests he ordered while working at Naples Urology Associates.
Whistleblower Mariela Barnes Racks up 2nd Cash Award This is the second settlement to benefit whistleblower Mariela Barnes whose False Claims Acts allegations prompted Naples Urology Associates parent company, 21st Century Oncology, to pay the federal government $19.75 million last...

Key Insights from SEC’s 2015 Whistleblower Report to Congress

Key Insights from SEC’s 2015 Whistleblower Report to Congress

The SEC Office of the Whistleblower (OWB) has released its Fiscal Year 2015 Dodd-Frank Whistleblower Program report to Congress. Dodd-Frank offers substantial monetary awards to individuals with information that leads to successful enforcement actions. This year’s report confirms the program’s continued growth and success. Since its inception in August 2011, tips are up 30% and $54 million has been awarded to whistleblowers for their efforts.
SEC Tips, Claims and Award Payouts...

DOJ Declines Don’t Hinder Whistleblowers in Fraud Recovery Lawsuits

DOJ Declines Don’t Hinder Whistleblowers in Fraud Recovery Lawsuits

Whistleblowers are showing their persistence in continuing to pursue qui tam cases after the government declines to intervene and 2015 was the most profitable year yet for whistleblower recoveries in declined cases. When a whistleblower lawsuit is filed, it is under seal until the Department of Justice (DOJ) can review the case and decide one of three actions.
They can recommend to the court the case be dropped for lack of substance, they can take over the lawsuit from the whistleblower...

2015 Year of the Whistleblower: Record $3.5 Billion False Claims Recoveries

2015 Year of the Whistleblower: Record $3.5 Billion False Claims Recoveries

The Civil Division of the U.S. Department of Justice (DOJ) collected over $3.5 billion in settlements and judgements from False Claims Act (FCA) civil cases in fiscal year 2015, with a whopping 81% of these recoveries driven by whistleblower (qui tam) lawsuits. The record annual whistleblower recovery amount was led by health care industry fraud FCA cases this year with a record high percentage of cases declined by the DOJ, subsequently pursued, and won by private attorneys.
FY2015...

21st Century Oncology to pay $19.75M in Unnecessary Tests Medicare Lawsuit

21st Century Oncology to pay $19.75M in Unnecessary Tests Medicare Lawsuit

21st Century Oncology of Fort Myers, Florida, has agreed to pay the Federal Government $19.75 million in a health care fraud settlement that resolves allegations that the company submitted false claims to both Medicare and Tricare for unnecessary medical tests.
Whistle blower Mariela Barnes, once a medical assistant for one of 21st Century Oncology’s urologists, received $3.2 million as a reward provided for in the qui tam (whistle blower) provision of the U.S. False Claims Act for...

South Carolina U.S. Attorney’s Office Recovers Impressive $7M in FY2015

South Carolina U.S. Attorney’s Office Recovers Impressive $7M in FY2015

What do Parsons Government Services and four Florida HCA hospitals have in common? They’re the two major contributors of the notable $7 million sum collected by the South Carolina U.S. Attorney’s Office through fiscal year 2015 civil and criminal actions.
According to a December 3 U.S. Attorney’s Office statement, U.S. Attorney Bill Nettles announced that the District of South Carolina collected nearly $4.5 million in criminal actions and over $2.6 million in civil...

Whistleblower Richard Forrest $1.13M Reward in Wisconsin Laboratory False Claims Act Settlement

Whistleblower Richard Forrest $1.13M Reward in Wisconsin Laboratory False Claims Act Settlement

Wisconsin-based Pharmasan Labs, Inc., NeuroScience, Inc., as well as two of their executives, have reached an $8.5 million settlement agreement with the federal government. As the Relator in the whistleblower case, former Pharmasan Labs employee Richard Forrest will receive $1.13 million as his portion of the settlement.

Pharmasan is a laboratory in Osceola, Wisconsin that performs medical lab testing in the areas of neurology, endocrinology, and immunology. NeuroScience is an associated corporation founded by Pharmasan that bills Medicare for Pharmasan’s services. This settlement resolves claims that the labs violated the False Claims Act and committed healthcare fraud by deliberately billing Medicare for ineligible lab tests. The settlement also resolves allegations that the labs submitted tests for reimbursement to Medicare that were not performed by approved physicians, and in fact were not performed by physicians at all.

According to Department of Justice information, the labs were accused of billing Medicare for millions of dollars’ worth of lab tests that did not meet federal reimbursement guidelines. Many of the tests were ineligible for reimbursement because they were medically unnecessary or experimental, most frequently involving testing for food sensitivities which is not a medical service covered by Medicare....


No Free Ride for Regent in $3M Ambulance Swapping Fraud Settlement

No Free Ride for Regent in $3M Ambulance Swapping Fraud Settlement

November 30 marks one the first U.S. False Claims Act settlements to hold a medical institution (rather than ambulance companies) responsible for an “ambulance swapping” arrangement. Texas-based Regent Management Services L.P. has agreed pay $3.199 million to resolve allegations it accepted kickbacks in exchange for patient transport (ambulance) referrals.
Regent Management a Legitimate Party in Kickback Scheme Case Galveston-based Regent Management Services operates 12...

Piedmont Pathology Settles Kickback Scheme Allegations at $500K

Piedmont Pathology Settles Kickback Scheme Allegations at $500K

The Department of Justice announced on Monday, November 30 that Piedmont Pathology Associates, Inc. and Piedmont Pathology, P.C. have agreed to pay the U.S. government $500,000 to resolve allegations of False Claims Act violations. The former Piedmont Pathology contract employee whose initial lawsuit prompted the investigation is set to collect a whistleblower award of $75,000, plus costs and attorney’s fees.
Diagnostics Group Offered Electronic Medical Record (EMR) Software For...