False Claims Act Whistleblower Lawyers - McEldrew Young
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False Claims Act

Our attorneys have helped whistleblowers report more than $2 billion in fraud to the U.S. Government.  Here are a few of the areas where lawsuits are being filed under the False Claims Act:

Health Care Fraud

Mortgage Fraud

Government Contracts and Defense Spending

Small & Minority Owned Business Incentives Fraud

Customs Fraud

And More ...

Contact

Eric Young

Jim McEldrew

Brandon Lauria

Our Track Record of Success

Qui tam lawsuits brought by Young Law Group attorneys have returned more than $2 billion to federal and state governments and were hard fought against numerous Fortune 500 companies, in addition to smaller fraudsters who broke the law just the same. All in all, in addition to ensuring that our clients were vindicated and protected, we have also secured more than $50 million in whistleblower rewards for our clients.

Pfizer Medicare and Medicaid Fraud
One such case involved Pfizer, Inc., in which Young Law Group’s, Eric L. Young, served as co-counsel for 2 of the whistleblowers — the case resolved for $2.3 Billion. In that case, Pfizer agreed to plead guilty to criminal conduct in addition to the payment of both criminal and civil fines, penalties and damages after being faced with the substantial evidence presented by and through the whistleblowers and their attorneys which established that the pharmaceutical giant defrauded Medicare, Medicaid and other government-funded health care programs in connection with its market practices for four of its drugs.

Cephalon Medicaid Fraud

Young Law’s Eric L.Young, also served as co-counsel on behalf of Lucia Paccione, a former Cephalon sales representative who filed a qui tam complaint reporting America’s largest biotechnology Medicaid fraud case. The case involved unlawful off-label marketing by Cephalon of drugs including Gabitril, Actiq, and Provigil. On September 29, 2008, it was announced that Ms. Paccione’s qui tam complaint led to the federal and numerous state governments’ recovery of $425 Million in a Civil Settlement.

Denver Health & Hospital Authority

In January 2012, Young Law announced that Denver Health and Hospital Authority (“DHHA”) agreed to pay $6.3 million to settle allegations that the DHHA submitted false claims to Medicare and Medicaid by improperly submitting claims for short hospital stays as though they were “inpatient” stays when they should have been billed as less expensive “outpatient” or “observation” stays.

Active, Unsealed Litigation

We can’t talk about our cases that are still under seal. Here are a few that we are presently litigating:

Novartis Cardiovascular Drugs
Novartis is accused of paying doctors to attend and lecture at sham speaker programs held by its cardiovascular division.  The United States Government and New York State have intervened in the lawsuit and are proceeding against Novartis based on the allegations it violated the Anti-Kickback Statute.

Pfizer Vfend
Our qui tam lawsuit accuses Pfizer of paying illegal kickbacks to doctors and engaging in off label marketing of Vfend.

The U.S. Government has paid more than $4 billion to whistleblowers under the False Claims Act since 1986.

Frequently Asked Questions

What is a qui tam?

Qui tam is an abbreviation from the Latin phrase “qui tam pro domino rege quam pro sic ipso in hoc parte sequitur”, meaning “who as well for the [lord] king as for himself sues [proceeds] in this matter”. A qui tam action allows private citizens to file a lawsuit in the name of the federal or state governments charging fraud by contractors and others who receive or use government funds.

What is a relator?

A Relator is the name that commonly refers to the whistleblower plaintiff in qui tam action brought under the False Claims Act.

Do I have to be represented by an attorney?

Yes. To bring a qui tam under the False Claims Act the whistleblower, or Relator, must be represented by an attorney. Selecting an attorney that has experience with qui tam whistleblower lawsuits and the False Claims Act is vital to protecting your interest in this complicated area of the law.

What is a disclosure statement?

The Disclosure Statement is the document that must be filed and served upon the Department of Justice (“DOJ”), and contains substantially all the evidence the Relator has in her/his possession about the allegations set forth in the Complaint.

Does it matter if the DOJ intervenes?

Because the success rate of qui tam action where the DOJ decides to intervene is much higher than the success rate for qui tam cases that do not have government intervention. However, lack of government intervention does not necessarily mean the qui tam action will not succeed. Indeed, some of the qui tam cases with the largest settlements have lacked government intervention.

Will the government take my information seriously and investigate it?

Yes, by law under the False Claims Act, the Attorney General or a Department of Justice Attorney must investigate the allegations of violations of the False Claims Act. The investigation usually involves one or more law enforcement agencies, and state attorneys general with expertise and interest.  They will participate in the investigation, and work closely with the federal agencies when state agencies are victims.

What happens at the conclusion of the investigation?

The DOJ will either (1) intervene in one or more counts; (2) the DOJ will decline to intervene in one or all counts; (3) the DOJ will move to dismiss the Relator’s Complaint; (4) the DOJ will settle the qui tam action with the defendant prior to intervention or in conjunction with the intervention; (5) the DOJ will advise the Relator of their intention to decline intervention.

How much money could I get?

If the DOJ intervenes and recovers money through a settlement or trial, the whistleblower is entitled to receive 15-25% of the recovery. If the government does not intervene and the case continues then the whistleblower reward is between 25-30% of the recovery.

To report money lost by the U.S. Government because of fraud: