Qui Tam Litigation, False Claims, and U.S./International Corruption
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$20 MILLION FOR WHISTLEBLOWERS AND GOVERNMENT IN A FALSE CLAIMS ACT CASE WHERE THE GOVERNMENT DID NOT INTERVENE
Joel Androphy, Sarah Frazier, and Zenobia Harris Bivens, Berg & Androphy, with Esdaile, Barrett, Jacobs & Mone, won a False Claims Act (FCA) settlement with nursing home pharmacy provider, Omnicare, in the United States District Court for the District of Massachusetts. Omnicare agreed to settle FCA allegations of civil claims arising from contracts entered into by Omnicare, agreeing to recommend the prescription of Remeron and Remeron Soltab to Medicaid patients in return for discounts and rebates, allegedly in violation of the Anti-Kickback Statute. The settlement netted the clients and government in excess of $20 million. The government did not participate in the litigation process, but assisted in settlement.
$13.2 Million to whistleblower and government
Whistleblower’s Complaint by attorneys at Berg & Androphy Leads to Settlement on Fraud Charges that Nets Whistleblower and Government About $13.2 Million.Learn More about this Whistleblower case
Do you have any questions about the False Claims Act, Tax Fraud or the Financial Fraud Programs and whether or not you have a case?
Berg & Androphy will be happy to evaluate your potential case. The information you provide will be privileged and confidential. We do not, however, become your attorneys simply because you have emailed us or contacted us by phone. With your permission, we will investigate your case to determine whether we are interested in proceeding. If we are interested, we will send you a written agreement. Until a written fee agreement is agreed to and signed, we do not represent you.
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The information you provide is confidential.
You should be aware that claims of this nature are subject to a statute of limitations. Claims arising under the False Claims Act (qui tam claims) must be filed within six years of the submission of the false claim, or within three years after the government should have learned of the facts underlying the claim, but in no event longer than ten years, whichever occurs last. The area of limitations periods is complex. There are also first to file rules, public disclosure bars, original source issues, and potentially varying limitations on pursuing retaliation claims. Time is critical.
Under the Tax Fraud Program, Congress requires the IRS to conduct an examination and to collect any underpayment of taxes within 3 to 6 years from the date when a tax return was filed. There is no statute of limitation in cases involving tax fraud or evasion. There are also rules regarding public disclosure bars and original source issues. For restrictions on the Financial Fraud Program, visit the Financial Fraud/Qui Tam Cases section of our site.
Our Commitment to You:
We receive many calls and emails about these fraud issues. Although we have a team of trial lawyers reviewing your claims, we do not accept all cases. We spend a considerable amount of time reviewing and analyzing all cases. This process includes an investigation of the facts, the law, and sometimes consultation with experts. When we accept a case, we make a major financial and time commitment in pursuing the case. Unlike many law firms, Berg & Androphy is a trial firm, and will litigate False Claims Act cases even if the government declines intervention. Many law firms do not have the resources or expertise to pursue a False Claims Act case without government intervention, and will withdraw from representation if the federal and state governments reject the case. When selecting a law firm you should ask about this commitment and expertise. Although we will consider the federal and state governments’ positions, we have the staff and resources to pursue the case without government assistance. Of course, each case will be evaluated based on the particular facts of each case, and a final and independent determination will be made by the Firm about whether to proceed without government assistance.
If we do not take your case, you should not infer from our decision that you do not have a meritorious claim. We are making no representation in this regard, only that given the constraints placed upon the information available, we are unable to pursue this claim. If we decide not to take the case and you wish to pursue your claims you should promptly seek the opinion of another attorney regarding the merits of your claim and the applicable statute of limitations.
When you provide information to Berg & Androphy, we do not become your attorneys. Although the information you provide is privileged and confidential, we do not become your attorneys and we do not represent you until we sign a written agreement.