Qui Tam False Claims Act Representation

Each year, the United States Department of Justice recovers billions of dollars from companies that have defrauded the federal government or engaged in other corrupt or illegal activities that cheat taxpayers. Most of those funds are recovered in cases filed by “whistleblowers” – brave private citizens who speak up when they become aware of fraud at their workplaces or elsewhere. Youman & Caputo has extensive experience in representing whistleblowers with knowledge of government fraud.

Most Private Companies Interact With the Federal Government

The federal government is one of the largest purchasers of goods and services in the world, and tens of thousands of businesses have contracts to provide them to the government. Additionally, many sectors of the economy, such as healthcare, involve government payments or reimbursements under vast and complex regulatory schemes.

With billions of dollars annually flowing from by the federal government, the opportunities for graft, fraud, and corruption are almost limitless. So, too, are the ways in which such conduct can lead to meritorious lawsuits under the False Claims Act.

If a whistleblower’s False Claims Act lawsuit (also called a qui tam suit) results in a settlement or judgment in the government’s favor, the whistleblower is entitled to receive a percentage of the government’s recovery – in some cases, up to 30 percent.

Complexities of Qui Tam False Claims Act Cases

Qui tam False Claims Act litigation is a highly specialized and complex area of the law, with unique procedural requirements and numerous potential roadblocks and pitfalls. In addition to the legal challenges, these actions may involve significant personal risks to the whistleblower’s current job and future employment opportunities.

At Youman & Caputo, our qui tam attorneys have extensive experience successfully representing whistleblowers in claims including:

• Healthcare fraud
• Medicare fraud
• Pharmaceutical fraud
• CARES Act/Payroll Protection Program (PPP) Fraud
• Financial fraud
• Government contracts and procurement fraud
• Defense contracting fraud
• Government grant fraud
• Education fraud
• Violations of cybersecurity regulations
• Customs, duties, and tariff evasion
• Antitrust violations, including bid rigging, price fixing, and market allocation
• Violations of civil rights laws

Our Track Record of Success in Whistleblower Cases

Some of our notable Qui Tam False Claims Act victories:

• $54 million United States False Claims Act Settlement. Caputo was co-counsel for the whistleblowers in a federal lawsuit in New York alleging that Teva Pharmaceuticals violated the Anti-Kickback Statute by using “speaker programs” to attempt to induce physicians to prescribe two neurology drugs. This settlement was achieved after the government declined to intervene in the case and just days before jury selection was scheduled to begin. Read more.
• $35 million United States False Claims Act Settlement. Caputo was lead counsel for a whistleblower in a lawsuit that settled for $35 million with a healthcare system and two Tucson hospitals over alleged Medicare fraud. The settlement remains the largest of its kind in Arizona history. The whistleblower in the case, a former employee of the non-profit healthcare system, received a reward of nearly $6 million. Link 1 | Link 2
• $10.19 million United States and New York False Claims Act Settlement. Caputo was lead counsel for a whistleblower in a lawsuit that settled against a New York company, Sorkin’s Rx, Ltd., a/k/a CareMed Pharmaceutical Services, for allegedly engaging in fraudulent sales involving expensive prescription drugs to Medicare and Medicaid beneficiaries. That matter settled for $10.19 million, with the whistleblower’s share set at $1.85 million. Read more
• $6.2 million New York False Claims Act Settlement. Caputo was lead counsel for a whistleblower in a New York tax fraud lawsuit against Lantheus Medical Imaging, Inc. and Bristol-Meyers Squibb Co that resulted in a $6.2 million settlement. The whistleblower received a reward of more than $1.1 million. Read more

• $5.85 million United States False Claims Act Settlement. Caputo was lead counsel for a whistleblower in a case in which a community health system agreed to pay the federal government $5.85 million to settle claims that it overbilled Medicare using inflated employee work hours. The whistleblower reward was $1.17 million. Link 1 | Link 2
• $4.5 million False Claims Act settlement, Caputo was lead counsel for a whistleblower in which a regional health system and a foundation agreed to settle allegations that they had defrauded a federal program intended to help hospitals that serve a high percentage of uninsured patients. Read More 
• $3.5 million United States and Wisconsin False Claims Act settlement. Caputo was co-counsel for a whistleblower who alleged that his employer, Walgreens, submitted claims to Medicaid for stimulant medications without complying with Medicaid rules designed to ensure that stimulants are dispensed for appropriate medical treatment. Read more
• $2.85 million United States False Claims Act settlement. Caputo represented a whistleblower who alleged that his employer, Eagleville Hospital in suburban Philadelphia, violated the False Claims Act by submitting claims to Medicare, Medicaid and other federal health care programs for hospital-level detoxification treatment services when the patients were ineligible for admission to receive such services or lacked documentation to support the claims. Youman & Caputo’s client, a nurse, received more than $500,000 pursuant to the settlement. Read more
• $2.7 million United States False Claims Act Settlement. Caputo represented the whistleblower in a California case in which an aerospace parts company agreed to pay $2.7 million to settle claims that it falsely certified that it had performed required inspections on parts used in military aircraft, spacecraft and missiles used by the Depart of Defense.
• $1 million United States False Claims Act Settlement. Caputo was lead counsel for the whistleblower in an Eastern District of Pennsylvania qui tam False Claims Act case alleging that Coordinated Health improperly billed federal health care programs for physician assistant services at the full physician rate. The complaint also alleged that Coordinated Health used CPT Modifier 24 to improperly bill for services covered under the separately paid global surgery reimbursement. In December 2019, Coordinated Health agreed to pay $1 million to settle the case.

We’ll Fight Alongside You for Justice

If you are considering trying to expose corruption and fraud, it is essential to hire lawyers with significant experience in whistleblower cases and who are as committed as you are to holding wrongdoers accountable.

At Youman & Caputo, we have the experience, knowledge, and commitment necessary to protect the rights of whistleblowers and help our clients obtain the maximum compensation available for their courageous actions.

Our False Claims Act attorneys have the utmost respect and admiration for whistleblowers who make the difficult decision to do the right thing in the face of wrongdoing.

If you have questions or concerns about your rights as a whistleblower or want to discuss your potential False Claims Act matter, please contact us to schedule your free consultation.

Client Review:

“I and a partner were represented by David Caputo in a complex, lengthy Qui Tam lawsuit related to Medicaid fraud. David was able through his legal expertise, personal skills, and client commitment to effectively guide us successfully through this complex process resulting in a successful outcome. It was a pleasure to meet and work with David and I would highly recommend him as counsel in Qui Tam lawsuits.”

-Russ B.