Our firm is well versed in the intricacies of whistleblower and false claims act investigations and litigation. We have the varied skill set required to devise comprehensive defense strategies across parallel civil and criminal enforcement actions which are a regular feature of qui tam defense work. We appreciate the serious collateral consequences that these matters can cause for our clients and craft approaches intended to minimize business disruption and reputational damage. We also litigate aggressively when necessary and have successfully dismissed unfounded qui tam lawsuits on behalf of thankful clients.
On occasion, as part of our plaintiff’s litigation practice, we will represent a small number of qui tam relators and whistleblowers in federal and state actions that we have thoroughly investigated pre-complaint to assess likely government interest. Contrary to popular belief, most whistleblower claims do not result in positive results for plaintiffs, with the government declining to join the large majority of filed complaints. These cases to be successful take years of persistence and proactive lawyering. For these reasons, we take a thoughtful and measured evaluative approach to potential cases which we believe to be in our clients’ long-term interests. And for the cases we do file, we actively work with the government to maximize the chances of the government joining your case and of a successful outcome.
MNR Recent Cases:
- Successfully convinced DOJ to bring no civil or criminal charges against a senior executive of a large chain of skilled nursing facilities as part of a parallel DOJ/HHS investigation into allegations of upcoding and overbilling of Medicare.
- U.S. ex rel. Rosenfeld/Bascom Palmer: Representation of one of the nation’s leading ocular oncologists and retinal surgeons in a federal FCA case brought by a rival physician related to cutting-edge eye treatments performed at the University of Miami’s nationally-renown Bascom Palmer Eye Institute. The case was dismissed.
- Carrel v. AIDS Healthcare Foundation: Representation of AIDS Healthcare Foundation (AHF) the largest non-profit provider of HIV and AIDS-related health care services, in defending a whistleblower qui tam action brought by ex-employees alleging violations of the federal anti-kickback statute in excess of $100 million. MNR obtained an outright dismissal of the case at summary judgment, which was later affirmed by the U.S. Court of Appeals for the Eleventh Circuit.
- Successfully convinced DOJ/HHS to bring no charges against a specialty pharmacy as part of a civil enforcement investigation initiated by a whistleblower lawsuit. The investigation concerned allegations of dispensing medically unnecessary medications.
- Successfully convinced DOJ to bring no civil or criminal charges against a senior executive of a large medical rehabilitation center as part of a parallel DOJ/HHS investigation into allegations of billing fraud.
- Successful FCA recovery for relators related to national manufacturers and suppliers of durable medical equipment.