False Claims Act cases (sometimes called Qui Tam or Whistleblower cases) provide a mechanism to recover funds that have been stolen from the government through fraud by corporations, such as pharmaceutical companies, defense contractors, and hospitals, and individual wrongdoers, like doctors or dentists. These cases have enjoyed broad bipartisan support and recognition as an important tool to protect our public funds, because they are not “anti-business” in any way—only “anti-fraud.”
The government may discover the “false claims” or fraudulent conduct and pursue these cases directly, or individual whistleblowers may identify the false claims and bring them to the attention of the government, pursue the case on behalf of the government and receive a portion of the recovery as an incentive for serving the public good.
How Our Qui Tam Experience Can Help
The extensive experience of Baron & Budd Qui Tam attorneys Pat O’Connell and Jan Soifer in working closely with government lawyers, together with the firm’s resources, additional attorneys and staff, give the firm’s whistleblower clients the substantial resources needed to prevail in complex false claims cases.
It is an undisputed fact that Qui Tam litigation is more successful when the government's lawyers are persuaded to intervene. But attorneys working at the state and federal levels are strapped for time and resources; they must invest wisely by choosing to join only the cases that present the greatest chances for success. Pat and Jan have both worked years for the government and they understand what’s important to building a good solid case. Of course, they know how to present a Qui Tam suit to the jury, but they also know how to make the case right at the beginning where it perhaps counts the most—to the state and federal attorneys who will determine whether to get involved in the first place.
Because of their years of experience in False Claims Act litigation, working with the government and in private practice, Baron & Budd’s Qui Tam lawyers are well known to lawyers working at the Department of Justice, the U.S. Attorney's Office and with the offices of many state Attorneys General. Such experience and recognition fosters an atmosphere of trust and cooperation that is critical for the success of the litigation during both the government's investigation phase and during the prosecution of the lawsuit in court.
Finally, Baron & Budd offers its Qui Tam lawyers the backing of a substantial law firm with more than 30 years’ experience representing plaintiffs in litigation on a massive scale against some of the richest and most powerful corporations in America. Baron & Budd has over 50 lawyers with offices in multiple states. Qui Tam litigation is not for the faint of heart; it can be long, costly for the firm handling the case and hard fought. Baron & Budd has the reputation and resources, both legal and financial, to go the distance to protect its clients—to protect what’s right.
rssQui Tam / False Claims Act Related News
January 29, 2010
Louisiana cardiologist sued by Justice Department for False Claims Act violations
Dr. Mehmood Patel, an interventional cardiologist formerly practicing in Lafayette, Louisiana, has been sued by the United States in a False Claims Act suit asking for treble damages and penalties. The lawsuit claims that Dr. Patel performed medically unnecessary cardiovascular procedures and then billed Medicare for it. Dr. Patel has already been convicted on 51 criminal counts for his fraudulent conduct. Patel received a 10-year prison sentence for performing unnecessary cardiac angiograms, angioplasties and stents. Read More
January 14, 2010
Federal Appeals Court rules settling False Claims Act defendant may sue third parties
The Ninth Circuit Court of Appeals has ruled that the False Claims Act does not prevent a defendant who settles with the government without admitting liability from suing third parties whom the defendant asserts are responsible for any alleged violations. In the case on appeal, the defendant was Cell Therapeutics Inc. (“CTI”), which developed a leukemia drug approved by the Food and Drug Administration in 2000. When CTI marketed the drug for unapproved, off-label uses, a whistleblower sued the company on the government's behalf, alleging Medicare fraud. CTI settled the case with the United States but failed to admit wrongdoing. Read More
January 14, 2010
United States recovers $2.4 billion this year in False Claims Act suits
In the fiscal year ending Sept. 30, 2009, the United States recovered $2.4 billion in judgments and settlements from lawsuits alleging fraud against the government. Historically, this is the second largest annual recovery from claims involving civil fraud. Since 1986, when the civil False Claims Act was substantially strengthened, the government has recouped more than $24 billion. Read More
