For more information about each award see Awards & Accolades – No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Frequently Asked Questions
Brown, LLC Protects Whistleblowers Nationwide. Call us at (877) 561-0000 for a free, confidential whistleblower consultation so you can discover how our whistleblower lawyers can help you with your case.
Common Whistleblower Questions
Certain Courts require more detailed information than others. Some Courts require a specimen of an illegal billing from start to finish, in which you can show the Medicare Fraud was submitted and paid. For example, if you know the practice is billing for services not rendered, or upcoding, or performing unnecessary services then you may need to show the billing records and medical records of John Doe and that Doe is a Medicare recipient who came in for one reason and after a brief examination the practice fraudulently billed Medicare for items wholly unrelated to Doe’s visit. This creates a tension, as you are not authorized to take record you wouldn’t ordinarily have access to but should make copies of records that you have access to that show the fraud. Please do not rely on this paragraph for anything. You should retain a qui tam lawyer and/or a whistleblower law firm before engaging in the process of record copying to ensure you are in compliance with the law.
Theoretically, anyone can be a whistleblower who has information about misconduct, but the law strongly favors whistleblower awards for those that have inside information. Under the False Claims Act (FCA), there is a growing body of law that suggests only an insider can recover a whistleblower award, but there are some outlying opinions that permit a whistleblower recovery if very specific information provided. With an SEC Whistleblower, it can be anyone if they can provide insight to the practice in which the financial company puts its own interests ahead of the consumers
Whistleblowers stand to receive considerable whistleblower awards if their case is successful. Generally, under the False Claims Act, if the government intervenes a whistleblower award is around 20% with an average settlement of around $13 million dollars. Of course, it is a long process with precarious pitfalls that needs to be navigated to avoid the perils and maximize the chance of a successful whistleblower lawsuit.
A Qui Tam Lawsuit, also known as a whistleblower lawsuit is generally filed pursuant to the False Claims Act (FCA), which requires the use of an attorney. The case must be filed under seal with proper notice given to the various government agencies on behalf of the whistleblower, also known as a relator.
A Whistleblower lawsuit that’s actionable generally falls into a few categories. A False Claims Act (FCA) whistleblower action is when someone blows the whistle on when the Federal Government is defrauded. This type of fraud generally is Medicare Fraud, Medicaid Fraud, or Defense Contractor fraud. SEC Whistleblowers provide inside information where financial institutions fail to have the best interest of their clients in mind and practice. SEC whistleblowers provide information regarding price fixing, inside trading, self-dealing to name a few topics. Also, there are various state law protections for whistleblowers but certain states like New York, New Jersey, California, and Illinois have stronger state whistleblower protections that enable you to blow the whistle on certain types of insurance fraud or state tax fraud.
The whistleblower program is what people colloquially refer to as the various statutes such as the False Claims Act or the SEC Whistleblower programs that allow whistleblowers to bring a qui tam action. It is not like the Witness Protection Program, although SEC whistleblowers may be able to remain anonymous with the use of an SEC whistleblower lawyer. Those filing False Claims Act cases, although initially filed secretively under seal, will have their identity disclosed at some point. The statutes entitle the whistleblower to a portion of the recovery known as a whistleblower award if there is a successful prosecution of a case that recovers money.
Medicare Fraud Questions
The law has very rigorous mechanisms to prevent you from losing your job as a whistleblower under the False Claims Act for Medicare Fraud. But you must blow the whistle the right way. Also, even though the company is not supposed to retaliate, it may illegally try to do so that’s why it’s important to retain an experienced whistleblower lawyer to guide you through the process.
Anyone can be a whistleblower, but if you don’t have information regarding the extent of the activity beyond the Doctor overbilling you then most likely it will not be a successful qui tam case. Rarely, these cases can be cobbled together through other intensive investigative techniques to make sense of the overbilling and to show it happens to others.
The Stark Law prohibits self-dealing. The Anti-Kickback Statute (AKS) prohibits paying referral fees or inducements for incoming business. For example, if a Doctor pays an illegal runner $50 per each patient referred to his practice that would violate the Anti-Kickback Statute. If the Doctor then went on to refer all the patients to a pharmacy in the building which he or she owns a piece of it is a violation of the Stark Law.
Yes. The Courts interpret the statute to mandate the use of a lawyer in filing a qui tam action under the FCA.
If a medical provider either directly or indirectly refers a patient to a facility in which they have a direct economic interest it is generally a violation of the Stark Act. Penalties under Stark include recovery of payments, imposition of a $15,000 per service civil monetary penalty for knowing violations, and a monetary fine of $100,000 for each arrangement found to have willfully circumvented the statutory scheme. In an effort to prohibit medical providers from not acting in the best interest of their patients this is often enforced as a strict liability offense.
Yes. It makes a world of economic difference to you. If you use the mechanisms within the False Claims Act, you are eligible to receive a False Claims Act (“FCA”) award up to 30% of the government’s recovery. If you report it directly without filing a whistleblower action, then you are not entitled to a portion of the qui tam recovery.
Still have more questions? Try searching our website or feel free to contact our firm 24/7 at Tel. (877) 561-0000.
Blog
California Whistleblowers Awards Help Recover Billions from Fraudsters
Qui Tam Blog Whistleblower
What’s the Maximum Award for Blowing the Whistle on PPP Loan Fraud?
Qui Tam Blog Uncategorized Whistleblower
False Claims Act: Mergers and Acquisitions as Kickbacks in Healthcare
Blog False Claims Act Qui Tam Blog Whistleblower Whistleblower FAQ
The False Claim Act: How It Works for Whistleblowers
Blog False Claims Act Qui Tam Blog Whistleblower Whistleblower FAQ
Small Business Administration(SBA) Identifies $80 Billion in Potential Pandemic Fraud
Blog False Claims Act Qui Tam Blog Whistleblower Whistleblower FAQ
Our Achievements
100 Million Dollar Settlement Fund for Women Injured by a New Birth Control Product
Jason T. Brown was the first attorney in the country to file a battery of cases on behalf of women who sustained blood clots, such as deep vein thrombosis, pulmonary embolisms, strokes and death from a new Birth control Product. Jason T. Brown’s prior firm was on the PSC (Plaintiff Steering Committee) and served as liaison counsel in the state mass tort action. The firm is no longer accepting new cases.
Tens of Millions in Settlements for Mass Tort Injuries and Class Actions
$7 Million Plus Settlement for Consumer Fraud
$7 Million Dollar Commercial Litigation Settlement
$5.475+ Million Settlement for Temple Online Students
Value of the settlement when factoring in non-economic relief exceeds $7 million dollars. Description and Settlement forms available at:
www.templeombasettlement.com
www.templeotherfoxprogramssettlement.com
Millions in Settlements for Women Injured by New Generation Hormonal Product
Women who sustained blood clots from a new Generation Hormonal Product received and continue to receive compensation for their injuries. Compensable injuries include Pulmonary Embolisms (PE), Deep-Vein Thrombosis (DVT), Strokes and Death. The firm is still investigating and accepting cases.
Nationwide $3.5 Million Settlement for Wage & Hour Class Action Case
Case brought on behalf of at home call center workers who were not paid for all their time worked including boot up time, technical time and other time. Workers were told by the company that boot up time which lasted 15 minutes or more was not paid because it was considered their commute to work. Fair Labor Standards Act (FLSA).
$3.2 Million Settlement for Wage & Hour Class Action Case
Case brought on behalf of workers who were misclassified as salaried exempt from overtime. The employer led employees to believe that they had to work unlimited hours over 40 without overtime compensation even though based on their job duties it was alleged they were entitled to overtime pay.
$2.4 Million Dollar Settlement for Wage & Hour Class Action
Lawsuit was brought as a class action on behalf of workers who worked in excess of 40 hours a week and were not paid overtime. The employer was forcing them to work “off the clock” for those hours and failed to pay proper overtime compensation.
$2 Million Dollar Settlement for False Claims Act (Whistleblower Case)
“$2 Million Dollar False Claims Act (FCA) Settlement – Unnecessary Services”
A case against GenomeDx was brought alleging violations of the False Claims Act (FCA) and the California Insurance Claims Fraud Prevention Act regarding unnecessary services such as the testing of tissues that did not need to be tested. The case resulted in a $350,000 whistleblower award.
$2 Million Dollar Settlement for Truck Accident Victim
Our firm was Of Counsel to a serious truck accident case involving a trucking accident with multiple injuries.
Nationwide $1.3 Million Judgment against Future Income Payments and Scott Kohn for Consumer Fraud
Scott Kohn and Future Income Payments conspired to defraud veterans out of their hard earned pensions by offering them loans at loanshark rates and claiming it was a “purchase” not a loan.
$1.7 Million Dollar Settlement for Wage & Hour Case
Misclassified employees under the FLSA were not paid overtime for hours worked in excess of 40. Due to a confidentiality agreement specific details are intentionally omitted.
Judgment with Maximum Damages for Employment Litigation
Judgment for misclassification under the FLSA including maximum damages under State and Federal Laws, plus an incentive fee for the lead plaintiff with attorney fees paid separately. The case involved a worker who was paid a day rate regardless of the amount of hours worked per day and per week.
Class Action Jury Trial
Workers alleged that they were misclassified according to their job duties. The Defendant claimed an administrative exemption under the FLSA and state law. Misclassification cases under the FLSA are the cases most often tried due to non-monetary considerations. Jury Trial lasted three weeks. Settlement offered in lieu of appeal.
Acquittal at Trial
Despite videotaped evidence that the prosecutor alleged incriminated the defendant, Mr. Brown was able to obtain an acquittal at trial for his client. Please note, that while we, the Brown, LLC will provide consultations in defense matters, the firm spends most of its time litigating complex litigation such as class actions, mass torts and catastrophic injuries.
Judgment with Maximum Damages for Wage & Hour Dispute
Wage & Hour dispute on behalf of hourly employees who were not paid time and a half for hours in excess of 40. Employees were granted double damages for all their time with attorney fees and costs paid separately.
Million Dollar Settlement for Wage & Hour Class Action Case
Workers were compelled to come into work 15 minutes early to set up, but were not paid for their set up time. Gap issues aside, workers received double damages for the time worked for 3 years’ worth of pay with attorney fees paid separately.
This is a non-exhaustive list of prior results and successes of Jason T. Brown and the Brown, LLC. Past results do not guarantee a similar outcome.
For more information about each award see Awards & Accolades – All cases involve Jason T. Brown and/ or Brown, LLC
No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Results may vary depending on your particular facts and legal circumstances.
REQUEST A CONSULTATION
How Can We Help? If It’s Not Right We’ll Fight Tell Us About Your Case.
