Whistleblowers and Qui Tam Lawsuits

December 14, 2018

Doctor Arrested for Opioid Abuse and Fraud

jonathan-perez-409943-copy-300x200 A doctor was arrested on December 13, 2018 for improperly distributing opioids to his patients and billing Medicare for the drugs. The doctor now faces 45 federal charges relating to healthcare fraud for not only prescribing illicit drugs to patients but requiring those with insurance to accept injections so that he could bill additional costs to public health programs like Medicare. While this is an extreme example of pharmaceutical fraud, there are numerous smaller incidents of pharmaceutical fraud that take place every day. If you believe your employer or healthcare provider is engaging in pharmaceutical fraud or any type of healthcare fraud, contact the qui tam attorneys at Willoughby Brod immediately to report the fraud.

What is Pharmaceutical Fraud?

Pharmaceutical fraud involves illegal actions that pharmaceutical companies engage in that violate the False Claims Act (FCA) or California False Claims Act (CFCA) and result in false claims to insurers and Medicare/Medicaid.

December 7, 2018

Five Commonly Needed Medical Services Not Covered by Medicare

by Gregory J. Brod

daniel-frank-201417-copy-300x200 One mistake that many Medicare recipients make is assuming that all their basic medical needs are covered under Medicare. In fact, there are a lot of commonly needed medical services that Medicare does not pay for. By becoming informed about the coverage gaps in your Medicare policy, you are not only preventing yourself from any surprises when you receive your healthcare bill, you are also increasing your ability to detect any fraudulent billing schemes from your healthcare provider or anyone else who tries to tell you that services not covered by Medicare are actually covered. If you do detect any violations by your healthcare provider or employer relating to Medicare billing, contact the whistleblower attorneys at Willoughby Brod immediately.

Dental Care

Even though every individual requires regular dental cleanings, and many Medicare recipients find themselves requiring dentures, Medicare does not pay for these basic dental needs. The only dental care that Medicare may pay for is dental care required while hospitalized as a result of an emergency.

December 5, 2018

Seven Circumstances That May Lead the Government to Dismiss Your Qui Tam Claim

by Gregory J. Brod

kyle-glenn-629501-unsplash-1-copy-300x200 As a whistleblower who has filed a qui tam case, your goal is to convince the government to prosecute your case. However, this is usually not an easy task. In fact, there are many situations in which the government may choose to dismiss your False Claims Act (“FCA”) claim, and the Department of Justice (“DOJ”) has outlined seven circumstances under which your qui tam claim may be dismissed. If you believe you have a strong qui tam claim, contact the qui tam attorneys at Willoughby Brod today to learn more about the strength of your case and your options moving forward.

False Claims Act

Section 3730(c)(2)(A) of the False Claims Act provides the following: “The Government may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.”

November 23, 2018

Four Ways Whistleblowers Help Society

by Gregory J. Brod

chris-greenhow-662446-unsplash-copy-300x225 While whistleblowers sometimes get a bad rap as “snitches,”the opposite in fact is true. By revealing their employers’ illegal actions, whistleblowers help society in ways that only whistleblowers can. If you have any doubts about whether you should blow the whistle on your employer’s illegal actions, contact the whistleblower attorneys at Willoughby Brod today to learn more about the ways in which whistleblowers help society and the ways in which you can contribute to that cause.

Whistleblowers help citizens save money.

From 1986-2016, recoveries made from whistleblower cases under the False Claims Act alone totaled over $28 billion. That is $28 billion that could have ended up in the hands of fraudsters rather than back in citizens’ pockets. By blowing the whistle on fraudulent acts, whistleblowers not only protect those who are directly harmed by the fraud but also send a message to fraudsters that the actions they wish to engage in are unacceptable and will not go undetected.

November 21, 2018

Most Common Types of Pharmaceutical Fraud

by Gregory J. Brod

jonathan-perez-409943-copy-300x200 One of the most common types of healthcare fraud in violation of the False Claims Act (FCA) is pharmaceutical fraud. It is also one of the most highly reported types of healthcare fraud, with over $4.5 billion of financial penalties issued from qui tam lawsuits in 2012 alone. While whistleblowers are important to the healthcare industry in general, it is clear that their contribution to the pharmaceutical sector has been huge. If you suspect that you have witnessed pharmaceutical fraud, contact the qui tam attorneys at Willoughby Brod today to learn more about your options moving forward.

What is Pharmaceutical Fraud?

Pharmaceutical fraud involves illegal actions that pharmaceutical companies engage in that violate the FCA or CFCA and result in false claims to insurers and Medicare/Medicaid. There are several predominant types of pharmaceutical fraud, which are highlighted below.

November 9, 2018

Can I Get in Trouble for Whistleblowing if I Took Part in Committing the Fraud?

by Gregory J. Brod

rene-bohmer-430927-unsplash-copy-200x300 One common concern that holds people back from becoming whistleblowers is the fear that they will face discipline for being involved in the same fraud they are now reporting. Sometimes employees feel coerced by their employer into partaking in fraudulent actions, and other times the employee may have been the one to spearhead the fraud. In both cases, if you have had a change of heart, and not only do you no longer wish to participate in the fraud, but you want to put an end to it altogether, contact the qui tam attorneys at Willoughby Brod today to learn more about what steps you should take next.

When You Participated in the Fraud but Did Not Spearhead it

Both the False Claims Act (FCA) and the California False Claims Act (CFCA) want to afford whistleblowers the maximum protection possible so as not to deter people from coming forth as a whistleblower. Therefore, in most circumstances, a whistleblower who partook in the fraudulent act they are now reporting will not face any penalties for participating in the fraud.

October 24, 2018

Four Common Myths About Whistleblowers Busted

by Gregory J. Brod

dylan-nolte-576808-unsplash-copy-300x200 Whistleblowers are one of the most misunderstood groups of people out there. From an outsider’s perspective, it can be difficult to understand why someone would want to be a whistleblower – and that is the first problem. Whistleblowers hardly ever choose to become whistleblowers. They happen to encounter situations that, in their mind, call for a solution that will promote justice and better society. If any of the myths below resonate with you, read on to find out why it is a myth, and what the truth really is.

Myth #1: Whistleblowers are disloyal.

Oftentimes, whistleblowers are referred to as “snitches” and disloyal employees, but quite the opposite is true. Whistleblowers are oftentimes the most loyal employees at a company.

October 19, 2018

The Risks of Whistleblowing and Why You Should do it Anyway

by Gregory J. Brod

benjamin-child-90768-300x200 Reporting your boss for engaging in unlawful conduct at work not only requires courage but also thick skin. While some will undoubtedly tout you as a hero as soon as you blow the whistle, others may not be as friendly or supportive. You should prepare yourself for the worst, from your employer as well as from the public, should you decide to blow the whistle on your employer. Despite the risks of whistleblowing outlined below, however, remember that you are contributing to justice and ultimately contributing positively to society when you report illegal conduct. If you are unsure, nervous, or scared about how best to proceed, speak with one of the lawyers at Willoughby Brod, and they will be able to help you decide what is best for you.

Employer Retaliation

The biggest risk of whistleblowing is employer retaliation. California law prohibits any form of employer retaliation toward whistleblowers, but many employers try to do it anyway. Many think that if they do it in subtle ways, like slowly pushing the employee out of their role or finding another reason to demote them or decrease their pay, that there will be no consequences to them. From an even less straightforward angle, employers and fellow employees may start to become hostile toward the employee, spreading rumors about the employee, scheduling meetings only when the employee is unavailable, or ignoring the employee in social settings. However, this type of behavior is illegal. If you have been retaliated against by your employer, contact our attorneys immediately so that we can help you fight for your rights.

October 12, 2018

Should I Blow the Whistle? Pros and Cons of Whistleblowing

by Gregory J. Brod

max-bender-262783-unsplash-copy-300x199 As we do with almost everything in life, we weigh the risks against the rewards when deciding whether or not to blow the whistle on a company that we catch engaging in criminal acts. It can be easy to let our fears overtake us and prevent us from reporting crimes against the False Claims Act (FCA) or the California False Claims Act (CFCA), but there are many other factors to consider when weighing the pros and cons of whistleblowing. If you believe you have witnessed corporate fraud in violation of the FCA or CFCA, contact an experienced California whistleblower attorney immediately (time is of the essence in whistleblower cases) to learn more about the pros and cons to whistleblowing in your particular case.

Pros of Whistleblowing

You will finally be heard. If you witness fraud in your workplace, there is usually no sense in reporting the fraud to your employer. First, your employer is likely the one behind the fraud, so reporting it to your employer will only make things worse for you. Second, if you work for a large corporation or government, pushing through the bureaucracy to get your voice heard might be a bigger feat than you are prepared to take on alone. With a whistleblower attorney on your side, your voice will be heard and acted upon.

October 10, 2018

Four Steps to a Whistleblower Case

by Gregory J. Brod

hannah-olinger-549280-unsplash-copy-200x300 If you are considering filing a whistleblower case in California, you are probably wondering what the process looks like and how long it will take. Unfortunately there is not a clear-cut answer to how long a whistleblower case can take, as there are so many factors that can influence the length of the case. While the steps below are a general outline of the life of a whistleblower case, the only way to get a clear picture of what your case will look like and how long it will take is to consult with an experienced whistleblower attorney in your area.

Step 1: File the whistleblower complaint.

The first step is to file your whistleblower complaint. In order to file a successful whistleblower complaint, you want to have gathered as much evidence as possible. Once you gather all the evidence you can gather, it typically will take your attorney several months to pull together all the information and formulate a convincing whistleblower complaint. However, the length of time it takes for your attorney to draft your complaint depends on the following factors: