Overview
Carlton Fields helps clients respond to lawsuits brought under the federal False Claims Act, commonly known as whistleblower suits, which are on the rise amid increased coordination between the civil and criminal divisions of the Department of Justice. Because qui tam actions raise not just civil law issues but potentially criminal accusations, especially in the current enforcement climate, we are sensitive to these overlapping risks when representing clients.
We have successfully defended False Claims Act and qui tam actions, including numerous dismissals in the early stages of litigation, for companies and executives across industries, including health care, government contractors, and educational institutions. We regularly assist clients involved in cases touching hospice, telehealth, ophthalmology, and other medical areas, government set-aside contracts, and cryptocurrency fraud investigations, and we are adept at persuading the government to decline to intervene in pending qui tam suits.
Experience
Represented a hospice in an Anti-Kickback Statute and False Claims Act investigation. After eight years, including an internal investigation, three civil investigative demand and HIPAA subpoena responses, and two presentations to the DOJ contesting the government's allegations, the government closed its file and ended its investigation of and prosecution against the hospice.
Defended a government contracting surety bond company in a False Claims Act complaint alleging more than $50 million in damages based on alleged knowledge that a bonded defense contractor was ineligible to bid on Small Business Administration 8(a) program contracts and task orders. The U.S. District Court for the Middle District of Florida granted the motion to dismiss.
Defended an ophthalmology practice in an Anti-Kickback Statute and False Claims Act case alleging that it fraudulently billed Medicare for unnecessary cataract procedures. The U.S. District Court for the Middle District of Florida granted the motion to dismiss.
Defended a hospice in a False Claims Act case alleging more than $350 million in government reimbursements for hospice care provided to ineligible patients. After we responded to several subpoenas and made several presentations, the government declined to intervene, but the relator continued the action. The U.S. District Court for the Middle District of Florida granted the motion to dismiss, the U.S. Court of Appeals for the Eleventh Circuit affirmed, and the U.S. Supreme Court denied the relator's petition for certiorari.
Represented an anesthesiology practice in a False Claims Act case alleging fraudulent billing of propofol to Medicare patients. After several presentations, the government declined to intervene, but the relator continued the action. The U.S. District Court for the Middle District of Florida granted the motion to dismiss.
Defended a safety-net hospital in a False Claims Act case alleging violations of the Anti-Kickback Statute and the Stark Law. After a presentation, the government declined to intervene, and the relator voluntarily dismissed her complaint.
Defended a health information technology (HIT) company in a False Claims Act and Anti-Kickback Statute case alleging more than $1 billion in damages from the company causing medical practices to improperly receive incentive payments through the Electronic Health Record (EHR) Incentive Program. The matter resolved without an admission of liability for less than half the settlement amounts paid by two other HIT developers in industrywide EHR investigations.
Defended two specialty compounding pharmacies and one of their owners in a False Claims Act and Anti-Kickback Statute case alleging more than $50 million in fraud from Medicare reimbursement requests for compounds that included medication not approved by the FDA. The government intervened. The matter resolved without an admission of liability, based on the pharmacies' and owner's ability to pay.
Represented a state university in a False Claims Act case alleging that the university engaged in Medicare fraud. The government declined to intervene after we presented evidence that included the results of a review of dozens of randomly sampled medical files and expert testimony.
Represented an anesthesiology practice group in a False Claims Act case alleging fraud in how it billed Medicare for anesthesiology services provided to patients. The government declined to intervene.
Represented a service-disabled veteran-owned small business (SDVOSB) in a False Claims Act matter alleging fraudulent bidding on federal set-aside contracts. The matter resolved, and the SDVOSB paid no money.
