Types of Whistleblower Cases
The False Claims Act allows people to file qui tam/whistleblower lawsuits against individuals or companies that have directly or indirectly committed fraud against the government. The False Claims Act covers a number of areas where the government could be easily defrauded. While it is impossible to list all the areas in which the government can be defrauded, we have listed some of the more common types of fraud below:
- Healthcare (Medicare and Medicaid) Fraud: Healthcare fraud is one of the most common types of fraud covered by the False Claims Act. Whistleblower actions have been filed against healthcare providers and pharmaceutical and device manufacturers, among others, for a variety of improper activities, including: kickbacks that result in the government paying for medically unnecessary services or being overcharged; fraudulent billing (e.g., charging for services that were not rendered, billing for services or procedures that are not medically necessary, duplicate billing, using billing codes to inflate reimbursement, also known as upcoding, and submitting Medicare/Medicaid service codes individually rather than submitting them as a group, also known as unbundling/fragmentation); making false certifications in connection with the submission of claims; inflating costs incurred, misconstruing the nature of the costs, or giving a false percentage of the services dedicated to Medicare patients in reports submitted to the government; and falsifying information related to grants and research programs.
- Contractor Fraud: Whistleblower actions have been filed against contractors who use illegal means, such as kickbacks or bribes, to win contracts, or who make a false certification of regulatory and statutory compliance, necessary to obtain a contract.
- Defense Contractor Fraud: Whistleblower actions have been filed against defense contractors who supply faulty equipment, weapons and weapon systems to the armed forces.
- Violation of GSA Contracts: Whistleblower actions have been filed against vendors and contractors who, among other things, fail to comply with “best pricing” requirements for government contracts, price reduction requirements, and the Trade Agreements Act.
- Environmental Fraud: Whistleblower actions have been filed against contractors who fail to comply with, or report misconduct in connection with, environmental statutes and regulations.
The Firm’s whistleblower attorneys have extensive experience litigating cases against those who commit fraud. If you have knowledge of wrongdoing that falls into any of the categories listed above, contact Michael S. Bigin or Laurence J. Hasson.