Types of Whistleblower Cases
Pharmaceutical and Medical Device Kickbacks and Off-Label Marketing Cases
The following are common schemes that could result in False Claims Act liability:
- Providing physicians with financial kickbacks in exchange for use of company’s implant or medical device. Kickbacks might include paying the cost of educational conferences in resort locations or providing unrestricted grants.
- Paying consulting, royalty, or medical director or speakers fees that are not at fair market value for the services provided, but are calculated to influence the physician’s choice of medical device or implant.
- Marketing an implant or medical device for off-label uses or rewarding physicians with financial inducements to entice off-label use.
- Manufacturing implants or medical devices known to be defective and failing to comply with defect reporting requirements, particularly where the defect is likely to cause death or serious bodily injury.
TYPES OF WHISTLEBLOWER CASESMilitary and Department of Defense Contractors Medicare Fraud or Fraud in Health Care Billing Corporate Financial Misconduct and Securities Fraud Dodd Frank Wall Street Reform and Consumer Protection Act Fraud Substantial IRS and Tax Fraud Pharmaceutical and Medical Device Kickbacks and Off-Label Marketing Cases Federal Mineral Lease Payment Fraud (oil, natural gas on federal lands)
01/10/2019 TAF Take: FY18 DOJ False Claims Act Statistics
Recently released fraud statistics from the Department of Justice do not leave whistleblowers, their attorneys, or good-government advocates with a particularly rosy picture of 2018. Although the number of new qui tam cases fell only slightly — to 645 in 2018 from 680 in 2017 — the total value of recoveries in qui tam matters … Continue reading TAF Take: FY18 DOJ False Claims Act Statistics…READ MORESource: TAF Education Fund Blog