ILNews

AG encourages whistleblower lawsuits to fight fraud

August 19, 2010
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The Indiana Attorney General’s Office wants health care and pharmaceutical industry workers to know that they have the ability to file lawsuits and get protection as whistleblowers, and that could mean getting a portion of any settlement or damages that results from the suit.

With Medicare and Medicaid fraud a multi-billion dollar problem nationally, the state’s highest attorney is reaching out to workers who may be impacted by these issues to alert them of their rights as whistleblowers in stopping this type of state and federal fraud.

Attorney General Greg Zoeller is trying to raise public awareness on the topic, which comes as the health care and pharmaceutical industries face sweeping reforms in the coming years and more people are exposed to these scenarios.

“The idea is to persuade workers already concerned about fraud to raise those claims under the False Claims Act,” Zoeller said. “If individuals on the inside are aware of fraud … and reporting it internally has not stopped the fraud, they may be reluctant to come forward for fear of being ostracized from future employment in their chosen profession. While we would hope people would report fraud because that’s the right thing to do, we understand that the potential of a substantial financial reward may be necessary to prompt insiders to come forward.”

The AG’s Medicaid Fraud Control Unit is supervising the effort, which involves the False Claims Act that’s existed in federal and state law for years and applies to government contract work. A whistleblower action starts when someone like an employee files a private lawsuit against a provider or company, alleging that business committed fraud on a government contract. That employee-plaintiff basically brings the suit on the government’s behalf, the AG said. If the government wins at trial or reaches a monetary settlement with the provider or company where the fraud occurred, then that whistleblower may receive 15 to 30 percent of the proceeds.

During the past year, the state has been involved in a handful of these whistleblower actions that have alleged billions of dollars in fraud, according to the AG’s Office. Those include suits against Pfizer, Eli Lilly, AstraZeneca Pharmaceuticals, and the South Bend mental health services facility called Madison Center. Some causes have been settled while others remain ongoing.
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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