Author Archives: Site Administrator
Billing for Medically Unnecessary Services
In the world of False Claims Act qui tam cases, the concept of medical necessity is a very big issue. This is because Medicare requires, as a condition of coverage, that services delivered to a patient be “reasonable and necessary for the diagnosis or treatment of illness or injury.” See 42 U.S.C. § 1395y(A)(1)(a)…. Read More »
How Do I Become a Member of an LLC?
Becoming a member of an LLC is relatively simple. The requirements for becoming an LLC member vary slightly, however, depending on whether the member is joining at the formation of the LLC or later. At formation, when the LLC will have only a single member, a person may become a member of the LLC… Read More »
Feds Recover $4.7 Billion from False Claims Act Cases in 2016
The Department of Justice recently announced its tally of total recoveries for 2016 under the False Claims Act. The government recovered an astonishing $4.7 billion during this time. The DOJ press release shows the following trends. First, qui tam whistleblower cases continue to be on the rise. Whistleblowers filed 702 qui tam lawsuits in… Read More »
Member’s Exposure to Liability for Owning an Interest in an LLC
Under the Florida Revised LLC Act, a debt, obligation or liability of an LLC is solely the responsibility of the LLC and a member cannot be held personally liable solely because of the member’s status as a member. In addition, an LLC’s failure to observe formalities relating to the exercise or management of the… Read More »
Why are Qui Tam Cases Filed Under Seal?
Anyone reading this blog probably knows that we represent whistleblowers who file so-called “qui tam” cases under the False Claims Act. The term “qui tam” is a Latin term derived from the longer and ancient legal expression “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” meaning one “who pursues… Read More »
Can Attorney’s Fees Be Awarded in Securities Arbitrations?
In 2013, the Florida Legislature adopted the Revised Florida Arbitration Act (the “Revised Act”). One of the major changes in the Revised Act is the amendment to section 682.11, which, for the first time, gives arbitrators the authority to award attorneys’ fees. The relevant language in section 682.11(2) provides that an “arbitrator may award… Read More »
How do I become a whistleblower?
A whistleblower is a person who reports fraud, corruption or other wrongdoing, usually, but not always, at their place of work. Most states have laws that protect whistleblowers and prohibit employers from firing, demoting or retaliating against whistleblowers. When a whistleblower sees fraud committed against the government, he or she has the opportunity to… Read More »
How Do Shareholder Derivative Suits in Corporations Work?
We’ve written on this blog about how “derivative actions” work under Florida’s Revised LLC Act. As we’ve previously explained, a derivative action is a method by which a minority member can bring a claim in court in the name of the company. Often, these suits are used to recover damages from controlling shareholders or… Read More »
The False Claims Act – One Defense Against Military Contractor Fraud
A study done by the National Contract Management Association revealed that in 2014, at close to three billion dollars, the Department of Defense accounted for two-thirds of the nation’s corporate contract spending. This vast amount of money, however, provides ample incentive for dishonest contractors to bilk the government and taxpayers, and potentially put the… Read More »
More Medicare Part D Fraud in Miami
On November 8, 2016, the United States Attorney’s Office for the Southern District Florida announced the conviction and sentencing of two defendants in a Medicare Part D fraud case. What is Medicare Part D? As most people know, Medicare is a federally funded program that provides free or below-cost healthcare benefits to certain individuals,… Read More »