False Claims Act in Brief Taxpayers Against Fraud.

Slides:

Advertisements

Similar presentations

The Deficit Reduction Act, Deficit Reduction Act of 2005 In the Deficit Reduction Act of 2005 (DRA) Congress, for the first time, has mandated healthcare.

Advertisements

CH. 4 FEDERALISM.

State False Claims Acts How States Can Recover Stolen Money Jim Moorman, TAF Roderick Chen, OIG-HHS.

What Every Physician Needs To Know About Fraud And Abuse Laws (But Is Afraid To Ask) Steven H. Cohen Cohen Law Group an affiliate of the Whistleblower.

© 2009 Cengage Learning. All Rights Reserved. Healthcare Fraud and Abuse.

Enron – Shareholders Aaron Palmer Seyoung Park. Shareholders Common shareholders - saw their holdings dwindle to almost nothing Employees - lost 401(k)

The False Claims Act and Its Impact on Federally Sponsored Research Jeff M. Seo J.D., LL.M. Director of Research Compliance Harvard Medical School.

BlueCare Tennessee and BlueCare, Independent Licensees of BlueCross BlueShield Association How the Deficit Reduction Act of 2005 Impacts BlueCare Tennessee.

Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

1 PsychRights' Medicaid Fraud Initiative Against Psychiatric Drugging of Children & Youth James B. (Jim) Gottstein, Esq. Law Project for Psychiatric Rights.

The Federal Courts Original Jurisdiction: Court hears cases for the first time. Appellate jurisdiction: Court hears cases on appeal, or cases that have.

False Claims Act & Whistleblower Protection. False Claims Act The False Claims Act (FCA) was established in 1863 by President, Abraham Lincoln, to curb.

False Claims in Construction, Update of NCHRP Study Topic

April 2015 Sunset Review of Washington’s Medicaid Fraud False Claims Act Proposed Scope & Objectives Mark Fleming, JLARC Staff.

The United States False Claims Act Qui Tam Whistleblower Law Getnick & Getnick LLP | Counsellors At Law Rockefeller Center, 620 Fifth Avenue | New York,

FCA* for BEGINNERS *NEVADA FALSE CLAIMS ACT NRS et seq. L. TIMOTHY TERRY The Terry Law Firm, Ltd

Unitary Executive Remember the words of Article I: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall.

April 26–28, 2004 Renaissance Orlando Resort at Seaworld Orlando, FL NCMA World Congress 2004 “Maximizing Value to Stakeholders…Contract Management in.

Judicial Branch.

History of Law.  Enforceable rules of conduct in society  Reflect the culture and circumstances of the times  Created in this country by elected officials.

Regulatory Control of Providers Financial Relationships Civil False Claims The Act.

Good Laws -Characteristics of Good Laws Fairness- equal to all Reasonable Understandable- all people know what they mean Enforceable- have consequences.

Reaganomics What effect does a changing economy have on American society?

United States ex rel. Cheryl Eckard v. GlaxoSmithKline Safeguarding cGMP Compliance for Patients and the Public Lesley Ann Skillen, Getnick & Getnick LLP.

The judicial branch.

The Judicial Branch Learning Objectives

Fraud, Waste & Abuse DEFICIT REDUCTION ACT OF 2005 Presented by: MARCH Vision Care, 2013.

Federal False Claims Act and Qui Tam Actions Law Journal Press Webinar By: Joel M. Androphy, Sarah Frazier & Rachel Grier Berg & Androphy1.

Violations of the False Claims Act and The Importance of a Timely and Proper Response to Whistleblower Allegations Thomas J. Finn Paula Cruz Cedillo.

1 Medicaid Fraud and Abuse Investigations, Prosecutions and Compliance Strategies John T. Bentivoglio Combating Medicaid.

False Claims Act and Whistleblower Protections False Claims Act and Whistleblower Protections Genetic Disease Screening Program Employee Education and.

Pharmaceutical Fraud in a Qui Tam World Patrick J. O’Connell Chief, Civil Medicaid Fraud Office of the Attorney General.

Recent False Claims Developments Robert J. Sherry K&L Gates May 2009.

Copyright© 2011 WeComply, Inc. All rights reserved. 9/6/2015 Whistleblowing.

COMPLIANCE PROGRAM. Agenda  Initial Scenarios  Review of General Compliance Information  Review UCP’s Compliance Program  Questions and Discussion.

0 © 2010 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG.

Law for Business Mr. Bernstein Dispute Resolution and the Court System, pp October 6, 2014.

CHAPTER 1 Our Laws & Legal System

Whistleblowers BOH4M. What is a Whistleblower? A person who tells the public or someone in authority about alleged dishonest or illegal activities occurring.

Federalism National Government Vs. State Government.

1 VIEW ON FRAUD AND ABUSE David E. Matyas Epstein Becker & Green Washington, DC.

September 2015 Medicaid Fraud False Claims Act Sunset Review Legislative Auditor’s Conclusion: The Legislature should reauthorize the Medicaid Fraud False.

Becoming a Smart Consumer. Smart Consumers Think about whether they need a product, whether they can afford it and how they can purchase it carefully.

The History of Law Vocabulary BMA-LEB-2: Compare and contrast the relationship between ethics and the law for a business.

CH 4 FEDERAL SYSTEM FEDERALISMFEDERAL SYSTEM - FEDERALISM (or the FEDERAL SYSTEM -The sharing of power between the states and national government.

History of Law.  Enforceable rules of conduct in society  Reflect circumstances of the times  Created in this country by elected officials  Statutes-

Sarbanes-Oxley Act Title VIII Corporate and Criminal Fraud Accountability By Justin Bost.

THE SECOND ANNUAL FDA REGULATORY AND COMPLIANCE SYMPOSIUM THOMAS M. GREENE Greene & Hoffman August 25, 2006 LESSONS FROM WHISTLE-BLOWER CASES.

CITIZENSHIP QUIZ For those that weren’t born here, it’s never been easy to become a citizen. In addition to passing a reading and writing test of English.

WorldCom This fraud occurred in a major public company and went undetected for 3-4 years. How could this occur? Why did this occur? Was Betty Vinson a.

1 United States Commercial Law Seminar Masaryk University April 11-21, 2011 Lecture Six: Internal investigations, Special Committees, and directorduties.

December 2015 Medicaid Fraud False Claims Act Sunset Review Legislative Auditor’s Conclusion: The Legislature should reauthorize the Medicaid Fraud False.

OFFICE OF ATTORNEY GENERAL MEDICAID FRAUD CONTROL UNIT (MFCU)

Toll Free (800) Contact Information A NATIONWIDE LEADER IN SUCCESSFUL QUI TAM CASES WARREN | BENSON LAW GROUP has prosecuted Qui Tam cases in more.

Chapter 27. Consumer Contract Caveat Emptor How Laws Protect Consumers Federal Trade Commission (FTC) –Prohibits and investigates deceptive or unfair.

The Growing Role of HHS-IG/DOJ, & Whistleblowers, In Drug Marketing Policy John F. Kamp August 25, 2005.

Ann Williams Investigator Eastern District of Texas.

The False Claims Act After Escobar Elizabeth Latif, Esq. March 8, 2017

Stephen M. Kohn Executive Director National Whistleblowers Center

Thomas J. Finn Paula Cruz Cedillo

Post-War America Vocabulary

Unit 8—Criminal Justice

Civil law STANDARD CE.10c.

Korematsu v. U.S

Northern Michigan Regional Entity Region 2

COMPLIANCE PROGRAM.

National Medicaid Congress

Brussels, June 6, 2007 Paul E. Kalb, M.D., J.D.

Chapter 15 Law in America.

U.S. Court of Appeals U.S. District Court

Presentation transcript:

False Claims Act in Brief Taxpayers Against Fraud

Incentivized Integrity The False Claims Act is based on the idea that if you incentivize you get results. President Abraham Lincoln sought to curb contract fraud during the Civil War by incentivizing integrity through awards based on the size of the fraud brought to the U.S. Government. Thus was born the False Claims Act of 1863, America’s oldest qui tam whistleblower law.

History in a Nutshell Rooted in Common Law Qui tam whistleblower statutes are rooted in English Common Law. Endorsed by the Founders Of the 12 penal statutes enacted by the Continental Congress, 10 contained qui tam whistleblower provisions. Approved by the Courts The Supreme Court has endorsed the FCA (Stevens, authored by Justice Scalia). Strengthened by President Reagan The 1986 False Claims Act amendments were passed with bipartisan support and signed into law by President Ronald Reagan.

Basic Points about the FCA Not a Tip Line FCA cases are evidence-driven. Not Easy or Fast Successful cases often require years of investigation, putting tremendous strain on whistleblowers and lawyers. Big cases can require big investments from private law firms. Triple Damages Fraudster can be nailed for up to triple damages plus statutory penalties and even exclusion. Cheaters Pay Whistleblower Awards Triple damages recover America’s stolen money, as well as pay for the cost of investigations and lost interest. Damages also pay for whistleblower awards. Not one dime of whistleblower awards come from taxpayer pockets.

A History of Success $35 Billion in Federal Civil Recoveries Since 1987, the federal False Claims Act has returned over $35 billion in civil recoveries to the Federal Government. Over $7 Billion in Criminal Fines Federal FCA lawsuits have also resulted in over $7 billion in associated criminal fines. Over $6 Billion Back to the States Federal FCA lawsuits have also returned over $6 billion back to state Medicaid programs.

FCA Success

Replicating Success The False Claims Act has been so successful that it has been replicated: – 29 states, three large cities and one county now have their own False Claims Acts modeled on the federal FCA. – The SEC has created a whistleblower program modeled on the FCA. – The IRS has created a whistleblower program modeled on the FCA. – The CFTC (Commodities Future Trading Commission) has created a whistleblower program modeled on the FCA.

Major Types of Fraud Pharmaceutical Fraud: over $25 billion recovered Laboratory Fraud: over $1 billion recovered Oil and Gas Fraud: over $1 billion recovered Hospital Fraud: over $3 billion recovered Defense Contactor Fraud: over $5 billion recovered Banking Fraud: over $2 billion in potential recoveries pending, as of 2012, in State- and Federally-joined cases.