Atlanta Whistleblower Attorneys Litigating False Claims Act Cases Nationwide
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This was a serious case; many lives were at stake and it is is my belief that their swift action to take this case, and push towards a resolution was instrumental in saving lives. I have only the highest marks, praise for Jason, Julie and the Bracker & Marcus team. They handled my case with extreme professionalism, Their knowledge of the law and team working ability is second to none.
It appeared that everyone else was only looking at the $$. Julie says she took the case because it was the right thing to do. Well, Bracker & Marcus LLC proved the naysayers wrong, and they did it with dignity! Give them a call; you will not regret it!
I met Julie & Jason the day after being asked to tender my resignation at a job I loved. From that first meeting until the final settlement three years later, their professionalism, competency, & work ethic was exemplary. I know I could not have had better counsel. They truly represent the best in their profession.
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At Bracker & Marcus LLC, you are our priority. We went into this business to help people report fraud and return stolen money to taxpayers, and that is still our mission today. With a proven track record, an excellent reputation with the government attorneys who can make or break your case, and the ability to take on a case of any size, we are ready to hear your story and start your case.
We are dedicated to putting your needs first. Because of that, we don’t get paid unless we win. Call our Atlanta whistleblower attorneys today to learn more.
Bracker & Marcus LLC Represents Whistleblowers
Violations of the
False Claim Act
● Violating the Anti-Kickback Statute (AKS) – This statute ensures that patients receive care or products based on medical judgment, not because someone is getting a kickback. For example, a doctor would be violating the AKS if they prescribe a new medication in exchange for money or an expensive vacation.
● Upcoding – This is one of the most common violations of the False Claim Act in the healthcare industry. Upcoding occurs when a medical provider uses incorrect billing codes that result in higher reimbursement. For example, a surgeon who bills for a simple procedure as if it were a complex procedure would be committing upcoding.
● Unbundling – Government health care programs typically pay one amount for related services. Dishonest health care providers sometimes bill these items separately in order to charge more money.
Government Contractor Fraud
● Product Substitution – A contractor who promises one type of good to the government but delivers another, inferior product, and then bills for the expensive version, commits fraud against the government.
● Falsifying Progress Reports – This type of government fraud occurs when a contractor falsifies reports on government contracts to quickly get progress-based payments instead of what has been earned.
● Lying to Participate in Special “Set Aside” Programs – The government chooses to set aside a percentage of work for companies owned by minorities, by women, or who are in other less-represented groups to encourage those businesses. A contractor commits fraud if they claim to belong to one of these groups when they do not.
● Trade practice violations – This type of fraud can be litigated under the FCA and includes several different scams, including unauthorized swap transactions (swap scams).
● Tax fraud – Tax fraud is criminalized as “false or fraudulent returns” under Title 26, United States Code Section 7206(1). This is a serious crime that carries stiff penalties, including a minimum three-year prison sentence.
● Financial statement fraud – An individual or company commits financial statement fraud (improper revenue recognition) when they falsify balance sheets, income, and cash flow statements to create the appearance of a stronger company than it actually is. A common reason for this is personal gain of funds.
This is not a comprehensive list of the tactics individuals or businesses use to defraud the government. There are dozens more within each industry, and unfortunately, new methods arise constantly.
No matter which type of fraud or scheme your employer has committed, it’s important to hold them accountable and return government money to the taxpayers.
We Protect Whistleblowers From Employer Retaliation
Unfortunately, bad things can happen to people who are doing a good thing. In the case of whistleblowers, this may take the form of employer retaliation.
Employer retaliation is when an employee reports their employer’s fraud and the employer then takes vengeful action against the employee. When you hire Bracker & Marcus LLC as your Atlanta whistleblower law firm, you can rest assured that we will handle every aspect of your case, including helping you decide what to do if your employer retaliates against you.
Employer retaliation or punishment can take many forms. Sometimes these are obvious actions, but sometimes they can be subtle. People who speak up against their employer’s fraud may not even know they have been treated unlawfully.
Examples of employer retaliation include:
● Job termination (the most obvious)
● Job demotion or suspension
● Harassment in the workplace
● Penalties or sanctions in employment
● Denial of benefits, promotions, or bonuses
● Sidelining an employee to give them less valuable assignments
● Excluding an employee from meetings and events
This isn’t a full list of retaliation measures; there are countless forms of unfair treatment. Any could violate the False Claims Act if they are motivated by the desire to silence a whistleblower.
At Bracker & Marcus LLC, we believe all forms of employer retaliation and punishment are reprehensible and should be dealt with promptly. If you are facing any of the above, call our Atlanta whistleblower attorneys today for a free case evaluation at (770) 988-5035.
Laws Protecting Whistleblowers
The False Claims Act protects employees by awarding damages to those who are retaliated against for reporting fraud against the government. In addition to the False Claims Act, laws protecting whistleblowers include:
● Dodd-Frank Wall Street Reform and Consumer Protection Act – Signed into law in 2010, this act protects whistleblowers against employer retaliation for reporting on unlawful conduct relating to a consumer financial product or service, such as mortgage companies.
● Sarbanes-Oxley Act – Signed into law in 2002, this Act prohibits retaliation against whistleblowers acting in good faith, regardless of whether it results in a conviction.
● Whistleblower Protection Act – Signed into law by Congress in 1989, this Act protects whistleblowers who report government agency misconduct, including waste of tax dollars and mismanagement.
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If you have witnessed or know of fraud within your company or organization, you need experienced whistleblower lawyers who will fight for you and help you stand up against fraud. Contact us today to review your situation – we evaluate all potential cases to determine your best course of action.
After a whistleblower reports fraud, sometimes their employer may try to punish them. Unfortunately, employer retaliation is fairly common in whistleblower cases, but the attorneys at Bracker & Marcus LLC are well-versed in this aspect of litigation.
We will work to prove the connection between your whistleblowing and your employer’s retaliation, and we will hold them accountable for their actions. Proof may consist of direct, indirect, or circumstantial evidence. This could include:
- Temporal proximity (proof that the punishment occurred shortly after the whistleblowing)
- Eyewitness testimony
- Employment records
- Notes from internal company reviews
While retaliation claims are separate from qui tam suits, it is common to see them together. After all, when an employer is already breaking federal law, they don’t hesitate to wrongfully attack those who hold them accountable. The attorneys at Bracker & Marcus LLC routinely litigate False Claims Act retaliation claims along side the claims of fraud against the Government.
FIRM NEWS AND RESULTS
Julie Bracker listed as a Super Lawyer; Jason Marcus listed as a Rising Star Once again, Bracker & Marcus LLC is proud to announce that Super Lawyers Magazine has selected partner Julie Bracker as a Super Lawyer while partner Jason Marcus has been selected as a Rising Star. Julie has been recognized every year since 2017; Jason has been recognized [...]
The long-running saga of the case of U.S. ex rel. Bibby et. al. v. Wells Fargo Bank et al. 1:06-CV-0547-MHS (N.D. Ga.) provides a handy [...]
As we discussed in our previous blog, November 20, 2020 was a big day for False Claims Act attorneys. Just in time for Thanksgiving, we [...]
November 20, 2020 was a big day for False Claims Act lawyers. Just in time for Thanksgiving weekend, we received three gifts: (1) A draft [...]