Logo
  • About Wired PR News
  • Guidelines / FAQ’s
  • News Desk
  • Contributors
  • Online News Distribution
  • News Tags
  • Press Release Distribution
  • Submit Press Release
  • Pricing
  • Business
  • Dallas
  • Entertainment
  • Fashion
  • Law
  • Mesothelioma Asbestos
  • Press Releases
  • Real Estate
  • Technology
  • US Presidential News
  • whistleblower

Government Intervention In A False Claims Act Case From Pill Popping to Pushing

05/21/2013 // Justice News Flash: Featured Column // Kathleen Scanlan // (press release)

April has proven to be a busy month for the Department of Justice in its enforcement of the False Claims Act. DOJ filed its complaint in intervention in the Lance Armstrong case arising out of allegations by Armstrong’s former teammate, Floyd Landis, related to doping on the USPS cycling team. Then the US Attorney in Manhattan intervened in a case against Novartis for an unlawful kickback scheme to encourage doctors to prescribe certain drugs. Novartis allegedly paid for high-end dinners, fishing trips and outings to Hooters as thinly-disguised inducements to get doctors to prescribe its drugs. This intervention announcement came just days after a separate case against Novartis arising out of misconduct in the promotion of a kidney transplant related drug. The two separate actions against Novartis come even while the company was supposedly complying with terms of a corporate integrity agreement for previous False Claims Act violations.

The dramatically different facts giving rise to the case against Armstrong and the ones against Novartis highlight the seemingly infinite ways that a person or company contracting with the federal government can – allegedly – engage in a fraud against the government and incur liability under the False Claims Act. But the two qui tam whistleblower complaints also demonstrate the important role that whistleblowers play in enforcement under the False Claims Act. In each of those cases the whistleblower brought a complaint under seal to the government for its investigation. At the conclusion of its investigation, the government notifies the court whether it will proceed with the action (generally referred to as “intervening” in the action) or decline to take over the action, in which case the whistleblower can proceed with the action. If the government intervenes in the qui tam whistleblower action, as it did in the Armstrong and Novartis cases, the government becomes primarily responsible for prosecuting the action under the False Claims Act. If it declines, the whistleblower and the whistleblower’s lawyers may continue to litigate the case and to recover on behalf of the government.

While the DOJ’s intervention decision (or more accurately its decision not to intervene) is sometimes mistakenly viewed as an indicator of the merits of a whistleblower’s qui tam case, these two highly publicized cases illustrate practical realities in the decision-making process — allocation of government resources. In just one month, DOJ is taking on primary responsibility for prosecuting two massive cases just as competing headlines describe budget cuts and staffing furloughs. Even with the resources of the various US Attorneys’ Offices, DOJ does not have an unlimited bench to litigate every False Claim Act case. That is exactly why Congress provided whistleblowers the right to proceed when the government decides not to intervene. That’s also why government intervention is not a decision on the merits. In fact, sometimes the government initially declines to intervene and then comes in after the whistleblower and the whistleblower lawyer have pushed the case forward. When more whistleblowers come forward with new frauds even as defendants like Novartis reappear as repeat offenders, the government will continue to allocate its scarce resources and selectively intervene in a few cases knowing that whistleblowers and their lawyers will continue to prosecute and potentially recover in a variety of other alleged schemes. After all, the Novartis and Armstrong cases are just about pills. The government contracts for thousands if not millions of other goods and services.

Media Information:

Address:
Phone: 866-598-1315
Url: False Claims News

It's only fair to share...Pin on PinterestTweet about this on TwitterShare on LinkedInShare on Google+Share on FacebookEmail this to someonePrint this page
Tags: corporate integrity agreement, false claims act, kickback scheme, lance armstrong, Novartis, usps cycling team, whistleblower complaints
May 21, 2013   vision
whistleblower corporate integrity agreement, false claims act, kickback scheme, lance armstrong, Novartis, usps cycling team, whistleblower complaints
×

  • Is Psoriasis a Condition for Which I Can Receive Social Security Benefits?
  • Did You Know? Car Accidents Are a Leading Cause of Traumatic Brain Injury

Press Release & News Distribution Topics

  • Arabic PR
  • Art
  • Auto News
  • aviation news
  • Bollywood News
  • BP OIL Spill News
  • Business
  • California
  • Call Center News
  • Copyright Law
  • Dallas
  • e-commerce
  • Education
  • Electronics
  • Employment Law
  • Entertainment
  • Family law
  • Fashion
  • Featured Stories
  • Food & Beverage
  • golf news
  • Green
  • Health & Fitness
  • Hollywood News
  • home decor
  • insurance
  • iPhoneNews
  • Law
  • Media News
  • Medical News
  • Mesothelioma Asbestos
  • military-news
  • Money & Finance
  • music news
  • new york
  • New York City
  • News
  • Noticias en español
  • Opinions
  • Personal Finance
  • Personal Injury Law News
  • Press Releases
  • Real Estate
  • Religious News
  • Restaurant Reviews
  • Social Media News
  • Social Responsibility
  • South Florida News
  • Sports
  • Technology
  • Top Stories
  • travel
  • UK Press Release
  • US Presidential News
  • VoIP News
  • Weather
  • Web Technology
  • Weddings
  • whistleblower
  • World News

Recent Posts

  • Can I See My Own Doctor If I am Injured at Work?
  • New Jersey Drug and Alcohol Treatment Facility – How Do Drug Courts Work?
  • Inside Selling Secrets: Expert Tips to get the Most Money for your Home
  • FBO Biz announces innovative course for Government Contractors at Iowa State
  • The Abuse Of Prescription Drugs And The Role Of Drug Makers

Share Buttons

Pin on PinterestTweet about this on TwitterShare on LinkedInShare on Google+Share on FacebookEmail this to someonePrint this page

Tags

accident asbestos Business California cancer clean air solutions clouse dunn khoshbin Dallas dallas employment death economy Education employment law attorney Employment Lawyer employment lawyers facebook Florida google government Health Hollywood insurance jonathan c reiter Lawsuit lawyer marketing Los Angeles marketing mesothelioma mortgage new york New York City nfm lending Obama Parcel2Go president Real Estate recession Search Engine Optimization social media study Texas texas employment Twitter U.S. Washington
News Tags >>

  • Our News on Google News
  • Yahoo News
  • Writing a Press Release
  • Press Release Distribution Services
  • A Sample Press Release Template
  • Social Media Press Release Distribution
  • Search Engine Optimized Press Release
  • Online News Distribution Benefits
  • Affordable SEO News Pricing
  • Dallas News
  • Latest Press Releases
  • Lawyer Press Release Service
  • News on Major online news sites
  • Google Local SEO
  • WiredPRNews Blog
  • WiredPRNews Feeds
Copyright © 2018 WiredPRNews.com | Press Release Distribution