False Claims Act Cases

Why do I need a False Claims Act lawyer?

April 30th, 2015

An experienced False Claims Act lawyer will provide you with:

  • A confidential consultation and review of your case to determine if you have a good whistleblower claim that is worth pursuing.
  • A full understanding of the legal retaliation protections in place for you as a whistleblower.
  • A full understanding of your rights to an award for your reporting of fraud against the government.
  • An overview of the process and what you can expect once you report a false claim and begin your qui tam case.
  • Guidance through the sometimes cumbersome legal process of reporting and following through with your whistleblower claim.

A False Claims Act lawyer can review your evidence in a confidential setting and discuss the pros and cons of moving forward with your case before you blow the whistle.

If you have in-depth knowledge that you can document about false claims made against the government that have cost taxpayers money, then you should call the experienced False Claims Act lawyer at the Law Office of James T. Ratner today at (845) 688-5222. Based in Woodstock, New York, James Ratner represents whistleblower clients nationwide.


False Claims Act Lawsuit Not Barred by Previous Government Investigation

March 17th, 2015

Whistleblowers who have the knowledge to bring a qui tam lawsuit usually have to jump a procedural hurdle of the False Claims Act called the public disclosure bar. Under this section of the False Claims Act, a qui tam relator's action may be dismissed if it is "based upon the public disclosure of allegations or transactions" in a government "report, hearing, audit, or investigation." There is an exception if the whistleblower is the original source of that information.

Within the past month two federal appellate courts have broadened the Seventh Circuit's narrow interpretation of public disclosure adding to the growing number of federal circuits who take a more expansive interpretation. In recent cases the Fourth and Sixth Circuits have both held that reports of government audits and investigations are not public disclosures when they have not been released to the general public.

For whistleblowers this is a win. Now cases outside the Seventh Circuit jurisdiction, which includes Illinois, Indiana, and Wisconsin, have less standing in their way to get their day in court. The whistleblower's action cannot be barred by government information that was never known by the general public.

Are you ready to blow the whistle on fraud against the government? Call the Law Office of James T. Ratner today at (845) 688-5222 for your confidential consultation with an experienced whistleblower attorney in New York. James Ratner represents whistleblower clients nationwide.


The False Claims Act Explained

August 15th, 2014

My blog is a look at a cross-section of interesting FCA cases around the country, which is not limited to cases handled by my office.

Enacted during the Civil War, the False Claims Act is sometimes called the Lincoln Law. The Act encourages people who have knowledge of false claims made against the government to bring qui tam actions on the government's behalf to recoup wasted taxpayer dollars.

Qui tam relators (whistleblowers) are entitled to receive from 15 to 25% of the revenue recovered by the government in False Claims Act cases.

False Claims Act lawsuits are usually filed by current or former employees who have an in-depth knowledge of the actions taken by their employer. A small percentage of whistleblower cases are filed by people who interact with the company but don't work directly for it, such as pharmacists or doctors.

In recent years, False Claims Act cases have been on the rise. The public is more aware of their ability to hold companies accountable for defrauding the government and whistleblowers have been more willing to come forward, especially in the health care and pharmaceutical industries where corruption is rampant.

If you have information about false claims made against the government, please call (845) 688-5222 today or contact James T. Ratner for your confidential consultation with an experienced False Claims Act lawyer.


Qui Tam Relator Wins Against Omnicare without DOJ

August 6th, 2014

Two big whistleblower cases against Omnicare Inc recently settled for $124.24 million. Omnicare is the largest nursing home pharmaceutical vendor in the United States. The suits filed under the Anti-Kickback Statute against Omnicare alleged that the company gave large discounts to nursing homes in exchange for referrals and pharmacy provider contracts.

In these cases, the Department of Justice (DOJ) had initially declined to intervene, leaving the qui tam relators to pursue the cases on their own. Relators have the right to pursue litigation under the False Claims Act without government participation, but many relators choose not to follow through with their case.

This settlement should encourage relators to keep pursuing their case when they know a wrongdoing has occurred. With an increase in the number of complaints filed by whistleblowers, the DOJ does not always have the resources to pursue every valid claim.

If you have quality information about your company defrauding the government and are ready to pursue your qui tam case, please call (845) 688-5222 today or contact James T. Ratner for your qui tam case consultation.

All consultations are confidential, and James Ratner represents clients in New York and nationwide.


GlaxoSmithkline Violates Foreign Corrupt Practices Act (FCPA)

March 7th, 2014

The BBC reported today that Polish prosecutors had uncovered evidence that Glaxo Smithkline was paying bribes to Polish physicians in exchange for writing prescriptions. Such activity, if proven, could give rise to prosecution in the United States under the Foreign Corrupt Practices Act (FCPA) since Glaxo shares are traded in US securities markets. Whistleblowers with knowledge of such activities worldwide, should be aware of their right to file whistleblower actions under the FCPA in the US if they can document it.

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