James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • Alden, New York-based contractors, Zoladz Construction Company Inc. (ZCCI), Arsenal Contracting LLC (Arsenal), and Alliance Contracting LLC (Alliance), along with two owners, John Zoladz of Darien, New York, and David Lyons of Grand Island, New York, have agreed to pay the United States more than $3 million to settle allegations that they violated the False <a href="http://www.jameshoyer.com/weste...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • MediSys Health Network Inc., which owns and operates Jamaica Hospital Medical Center and Flushing Hospital and Medical Center, two hospitals in Queens, New York, has agreed to pay $4 million to settle allegations that it violated the False Claims Act by engaging in improper financial relationships with referring physicians, the Justice Department announced today. The <a href="http://www.jameshoyer...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • In late July, the Second Circuit United States Court of Appeals issued an opinion captioned Fabula v. American Medical Response, Inc. that should provide some comfort for whistleblowers who are contemplating bringing a False Claims Act case in connection with their refusal to take part in a potentially fraudulent scheme. The Fabula court was presented with two issues: whether the whistleblower had...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services’ Office of Inspector General for the New York Region (“HHS-OIG”), announced that the United States has settled a civil fraud case against US <a href="http://www.jameshoyer.com/acting-manhattan-u-s-attorney-announces-...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • Acting United States Attorney Gregory G. Brooker today announced that Sightpath Medical, Inc. (n/k/a Sightpath Medical, LLC) (“Sightpath”), TLC Vision Corporation (n/k/a TLC Vision (USA, LLC)) (“TLC”) (collectively the “Sightpath Entities”) and their former CEO, JAMES TIFFANY, have agreed to pay more than $12 million to the United States to resolve kickback allegations under the <a href="http://ww...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • Pharmaceutical companies Mylan Inc. and Mylan Specialty L.P. have agreed to pay $465 million to resolve claims that they violated the False Claims Act by knowingly misclassifying EpiPen as a generic drug to avoid paying rebates owed primarily to Medicaid, the Justice Department announced today. Mylan Inc. and Mylan Specialty L.P. are both wholly owned <a href="http://www.jameshoyer.com/mylan-agree...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • Huntington Ingalls Industries Inc. (HII), a publicly traded company headquartered in Newport, Virginia, has agreed to a $9.2 million settlement of allegations that it violated the False Claims Act by knowingly overbilling the government for labor on U.S. Navy and Coast Guard ships at its shipyards in Pascagoula, Mississippi. Under the settlement, HII will make <a href="http://www.jameshoyer.com/de...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • The owner and director of nursing of a Houston home health agency was sentenced today to 75 years in prison for her role in a $13 million Medicare fraud scheme. Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Abe Martinez of the Southern District of Texas, Special <a href="http://www.jameshoyer.com/owner-home-health-agency-sen...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • A federal jury today convicted a registered nurse who was the owner of two home health companies in Houston for her role in a $20 million Medicare fraud scheme involving fraudulent claims for home health services. Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Abe Martinez of <a href="http://www.jameshoyer.com/registered-nurs...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • Virginia Beach, Virginia-based contractor ADS Inc. and its subsidiaries have agreed to pay the United States $16 million to settle allegations that they violated the False Claims Act by knowingly conspiring with and causing purported small businesses to submit false claims for payment in connection with fraudulently obtained small business contracts, the Department of Justice announced <a href="ht...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • West Palm Beach, Florida-based government contractor Academy Medical, LLC (Academy) and its owners, Edward D. Desser and Daniel M. Shaw, have agreed to pay $335,000 to resolve allegations that they took advantage of federal contracting opportunities reserved for certified service-disabled veteran-owned small businesses (SDVOSBs), announced Acting United States Attorney Grant C. Jaquith.  During th...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • ABC Action News interviewed James Hoyer partner Jesse Hoyer about the recent rollback in federal rules to protect for-profit college students and taxpayers. As lead attorney on several whistleblower cases against for-profits over the past 10 years, Hoyer is an expert on for-profits and knows well their tactics to take advantage of students.  Put your cursor <a href="http://www.jameshoyer.com/whist...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • Here’s one for the consumer.  Blue Global Media agreed to settle charges by the Federal Trade Commission that it tricked consumers into filling out online loan applications, then sold their sensitive data to anyone who would pay for it. Here’s the FTC’s news release on the settlement: FTC Halts Operation That Unlawfully Shared and Sold <a href="http://www.jameshoyer.com/payday-lender-lead-generato...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • A Detroit-area medical biller was sentenced today to 50 months in prison for her role in a $7.3 million Medicare and Medicaid fraud scheme involving medical services that were billed to Medicare and Medicaid but not rendered as billed. Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney <a href="http://www.jameshoyer.com/detroit-a...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • Dr. Anindya Sen and Patricia Posey Sen will pay $1.208 million to resolve state and federal False Claims Act allegations that their medical practice billed Medicare and Tennessee Medicaid (TennCare) for anticancer and infusion drugs that were produced for sale in foreign countries and not approved by the U.S. Food and Drug Administration (FDA) for <a href="http://www.jameshoyer.com/physician-wife-...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • AMI Monitoring Inc. aka Spectocor, its owner, Joseph Bogdan, Medi-Lynx Cardiac Monitoring LLC, and Medicalgorithmics SA, the current majority owner of Medi-Lynx Cardiac Monitoring LLC, have agreed to resolve allegations that they violated the False Claims Act by billing Medicare for higher and more expensive levels of cardiac monitoring services than requested by the ordering <a href="http://www.j...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • A durable medical equipment store owner who provided false documents to the United States Attorney’s Office during a civil False Claims Act investigation pled guilty today in federal court in Cedar Rapids. James O’Connor, 64, from West Des Moines, Iowa, was convicted of one count of Making and Using False Documents, in violation of 18 <a href="http://www.jameshoyer.com/west-des-moines-man-pleads-g...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • Misr Sons Development S.A.E. (Hassan Allam Sons, “HAS”), a construction company with its principal place of business in Cairo, Egypt, has agreed to pay $1.1 million to settle allegations that HAS submitted false claims in connection with U.S. Agency for International Development (USAID) contracts, the Justice Department announced today. “Contractors who misrepresent their eligibility for governmen...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • A doctor and his chiropractor son admitted conspiring to defraud Medicare by using unqualified people to give physical therapy to Medicare recipients, Acting U.S. Attorney William E. Fitzpatrick announced. Robert Claude McGrath D.O., 65, and his son Robert Christopher McGrath, 47, both of Cherry Hill, New Jersey, each pleaded guilty before U.S. District Judge Robert <a href="http://www.jameshoyer....

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • Acting Assistant Attorney General Chad A. Readler recently told Congress that False Claims Act (“FCA”) cases continue to be the most effective means of combating fraud and protecting the federal fisc.  In his testimony before the Judiciary Committee Subcommittee on Regulatory Reform, Commercial & Antitrust Law, Readler announced that since 1986, FCA cases have recovered more than $53.6 billion in ...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
Blog Post
  • In this blog post we will briefly outline the major components of the SEC Whistleblower Program (“Program”) including the process of submitting a claim, notices of covered actions and their link to financial recovery, and finally the necessity to retain experienced counsel in order to protect your rights. SEC Whistleblower Program The Dodd-Frank Act (“Act”) was signed into law in July 2010, and wa...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • The James Hoyer law firm served as local counsel in a whistleblower case against Freedom Health, which provides managed care services.  Freedom agreed to pay a total of $32.5 million to resolve allegations that it engaged in illegal schemes to maximize payments from the government for it’s Medicare Advantage plans. Here is the Department of <a href="http://www.jameshoyer.com/freedom-health-pays-32...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • A high level whistleblower who worked for UnitedHealth Group says his company and other insurers have been bilking taxpayers by gaming the system to get higher payments.  Benjamin Poehling, a former finance director with United Health, told the New York Times the insurers falsely make it appear that some seniors are sicker than they truly are <a href="http://www.jameshoyer.com/whistleblower-says-i...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
Blog Post
  • A whistleblower suit filed by Dr. Judith Robinson under the False Claims Act has led to an $18 million settlement with two of Indiana’s largest health care providers.  Indiana University Health and HealthNet have agreed to pay $18 million to the federal government and State of Indiana to resolve illegal kickback and false billing claims.  <a href="http://www.jameshoyer.com/18-million-settlement-iu...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
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  • The Securities and Exchange Commission is investigating whether an Atlanta-based hedge fund is violating federal securities laws by guaranteeing to its investors that they won’t lose money. Statim Holdings Inc., headed by Joseph Meyer, Jr., is the parent company for Arjun LP, a hedge fund that previously ranked eighth among hedge funds with between $250 million and $1 billion in assets. According ...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
Blog Post
  • The ABC station in Orlando profiles our payday lending class action case which is finally moving forward after nearly 20 years. Click on the video above to watch the story. Justice could be nearing after almost two decades. The James Hoyer law firm is part of a team of lawyers on this important payday lending <a href="http://www.jameshoyer.com/payday-lender-class-action-suit-moving-forward/#more-'...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
Blog Post
  • The fight against fraud received some significant help last week when Senators Chuck Grassley and Ron Wyden introduced legislation geared to strengthen the IRS Whistleblower program.   If passed into law, the IRS Whistleblower Improvements Act of 2017 will provide greater protections to whistleblowers from employer retaliation and will also foster greater communications between the IRS and whistle...

James, Hoyer, Newcomer & Smiljanich, P.A.
James, Hoyer, Newcomer & Smiljanich, P.A.
Blog Post
  • Sen. Chuck Grassley and Sen. Ron Wyden today introduced bipartisan legislation to improve IRS communication with tax fraud whistleblowers and protect those whistleblowers from workplace retaliation, they announced in a news release. “Whistleblowers have helped the IRS recover more than $3 billion for the taxpayers that otherwise would have been lost to fraud,” Grassley said. <a href="http://www.ja...

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