When fraud occurs in the healthcare system, the financial consequences can be staggering. That’s why damages and penalties under the False Claims Act (FCA) and related laws are structured to deter misconduct while rewarding accountability. At Barrett Johnston, we’ve helped clients understand how these numbers add up — and why they matter. Under the FCA, […]
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One of the most unusual features of qui tam actions under the False Claims Act (FCA) is how cases begin—with the filing of a sealed complaint. When a whistleblower files a qui tam lawsuit under the FCA, that complaint is filed under seal. This means it’s kept confidential from the public, and even from the
One of the first questions we hear from potential whistleblowers concerned about retaliation is: “What exactly counts as protected activity?” Understanding this term is crucial for anyone considering pursuing a whistleblower action. Protected activity refers to actions taken by an employee to expose, oppose, or report illegal or unethical conduct—particularly fraud against the government. Under
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Most healthcare fraud involves at least one form of fraudulent billing. At Barrett Johnston, PLLC, we help whistleblowers identify recognize these schemes and craft them into viable allegations because they often serve as the foundation for False Claims Act cases. For FCA purposes, fraudulent billing refers to the submission of claims to Medicare, Medicaid, or
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At Barrett Johnston, one of the most common fears we hear from potential whistleblowers is: What if I lose my job? This concern goes to the heart of retaliation, a legal concept that protects employees who report fraud or misconduct. Retaliation occurs when an employer takes adverse action against an employee because they engaged in
In federal False Claims Act (FCA) cases, the whistleblower is often referred to as the “relator.” We emphasize this term because it highlights the special legal role ordinary citizens can play in exposing fraud. A relator is the individual who files a qui tam lawsuit on behalf of the United States government. Unlike a traditional
Healthcare fraud often hides in plain sight. One of the most important terms for anyone exploring fraud in the healthcare system is the Stark Law, also known as the Physician Self-Referral Law. It’s a concept that comes up frequently in whistleblower cases, yet many people outside the legal and medical fields aren’t sure what it
At Barrett Johnston, we often hear from healthcare professionals who are confused about what exactly counts as an illegal kickback. The Anti-Kickback Statute (AKS) is the federal law that makes it a crime to exchange anything of value in order to generate referrals for healthcare services paid for by federal programs like Medicare or Medicaid.
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One of the most important laws in the fight against healthcare fraud is the False Claims Act (FCA). The FCA was originally passed in 1863 to combat fraud against the Union Army during the Civil War, when unscrupulous contractors were selling defective goods to the government. Today, the FCA is the primary legal tool used
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We often find that people have heard of whistleblower cases but aren’t familiar with the legal term that makes many of these cases possible: qui tam. The phrase comes from the Latin expression qui tam pro domino rege quam pro se ipso in hac parte sequitur, which translates roughly to “he who sues in this
