# Bracker & Marcus LLC > False Claims Act Lawyers --- ## Pages - [Can anyone be a whistleblower under the False Claims Act?](https://www.fcacounsel.com/faq/can-anyone-be-whistleblower-in-false-claim-act/): The False Claims Act allows any person with non-public information or evidence of fraud against the government to file a... - [DOJ Whistleblower Reward Program for Antitrust and Fraud Reporting](http://www.fcacounsel.com/media/doj-whistleblower-reward-program-for-antitrust-and-fraud-reporting/): This hour-long educational session explains the Department of Justice’s new initiative that offers monetary awards to individuals who report antitrust... - [Does the False Claims Act protect whistleblowers​?](http://www.fcacounsel.com/faq/does-the-false-claims-act-protect-whistleblowers/): Yes, the False Claims Act (FCA) protects whistleblowers who report fraud against the federal government. Under this law’s anti-retaliation provisions,... - [Legal Liabilities and the False Claims Act in the Cyber Era](http://www.fcacounsel.com/media/legal-liabilities-and-the-false-claims-act-in-the-cyber-era/): Julie Bracker joined Scott Giordano (the “CISO’s lawyer”) and Kevin Coppins, CEO of Spirion, to talk about the many ways... - [Healthcare Fraud Attorney](http://www.fcacounsel.com/healthcare-fraud-attorney/): The government’s healthcare spending is put at risk because of fraud each year. Thankfully, there are plenty of brave whistleblowers... - [GRAHAM RUSK](https://www.fcacounsel.com/our-team/graham-rusk/): Graham brings a wealth of investigative experience and a proven track record in combating complex fraud and financial crimes to... - [Cybersecurity Fraud 101 and How Whistleblowers Can Fight It](https://www.fcacounsel.com/media/cybersecurity-fraud-101-and-how-whistleblowers-fight-it/): In today’s episode, whistleblower lawyer Julie Bracker of Bracker & Marcus joins us to discuss cybersecurity fraud and recent government... - [Penn State Cybersecurity False Claims Scandal: Meet the Whistleblower](https://www.fcacounsel.com/media/penn-state-cybersecurity-false-claims-scandal/): Introducing the Penn State Whistleblower. In this episode, the whistleblower explains how he tried to stop Penn State from allegedly... - [Sounding the Alarm: The False Claims Act Impact on the DIB](https://www.fcacounsel.com/media/the-false-claims-act-impact-on-dib/): This podcast discusses the implications of the False Claims Act (FCA) on the Defense Industrial Base (DIB). The FCA is... - [Georgia Tech Cybersecurity False Claims Scandal: Meet the Whistleblowers](https://www.fcacounsel.com/media/ga-tech-cybersecurity-false-claims-scandal/): PGJyPgo8L2JyPg== Introducing the Georgia Tech Whistleblowers. In this episode, the whistleblowers explain how they tried to stop Georgia Tech from... - [Penn State and Georgia Tech False Claims Act Complaints Unsealed](https://www.fcacounsel.com/media/penn-state-and-georgia-tech-false-claims-act-complaints-unsealed/): With increasingly sophisticated attacks from both domestic and international threat actors, it is more important than ever that institutions who... - [False Claims Act & DoJ’s Civil Cyber Fraud Initiative](https://www.fcacounsel.com/media/false-claims-act-doj-civil-cyber-fraud-initiative/): In this episode of the GRC Academy podcast, host Jacob Hill interviews Julie Keeton Bracker about the False Claims Act... - [Media](http://www.fcacounsel.com/media/): http://www. fcacounsel. com/wp-content/uploads/2025/10/DOJ-Antitrust-Whisteblower-Rewards-Program-Webinar. png DOJ Whistleblower Reward Program for Antitrust and Fraud Reporting http://www. fcacounsel. com/wp-content/uploads/2025/08/Legal-Liabilities-and-the-False-Claims-Act-in-the-Cyber-Era-scaled. webp Legal Liabilities and... - [SARA T. BALLEW](https://www.fcacounsel.com/our-team/sara-ballew/): Sara Ballew is honored to work for courageous whistleblowers who seek justice through the False Claims Act. For almost a... - [Cybersecurity Fraud Attorney](http://www.fcacounsel.com/cybersecurity-fraud-attorney/): NOTE: We do not represent individuals who are victims of cyber-fraud. In the twenty-first century, wars aren’t fought with just... - [Who is responsible for False Claims Act attorneys’ fees?](http://www.fcacounsel.com/faq/false-claims-act-attorneys-fees-responsibility/): It’s only natural for potential whistleblowers to wonder who is responsible for an FCA attorney’s fees and expenses. In short:... - [How does a government shutdown affect my False Claims Act case?](https://www.fcacounsel.com/faq/how-does-a-government-shutdown-affect-my-false-claims-act-case/): When a relator and its False Claims Act attorneys file a False Claims Act case, they engage two branches of... - [Can Bracker & Marcus LLC handle a state healthcare or state government fraud case anywhere across the country?](http://www.fcacounsel.com/faq/can-you-handle-state-government-healthcare-fraud-cases-in-any-state/): Yes! Our False Claims Act lawyers can appear and represent whistleblowers in every state in the country. But let’s unpack... - [Can I file a state government fraud case under the False Claims Act?](https://www.fcacounsel.com/faq/can-i-file-a-state-government-fraud-case-under-the-false-claims-act/): Most qui tam cases are filed under the federal False Claims Act (FCA), which protects against fraud, waste, and abuse... - [How are Medicaid whistleblower rewards paid?](http://www.fcacounsel.com/faq/how-are-medicaid-whistleblower-rewards-paid/): Title XIX of the Social Security Act, 42 U. S. C. §§ 1396, et seq. , establishes the Medicaid program,... - [How are Medicare whistleblower rewards paid?](https://www.fcacounsel.com/healthcare-fraud-attorney/how-are-medicare-whistleblower-rewards-paid/): Title XVIII of the Social Security Act, U. S. C. §§ 1395, et seq. , establishes the Health Insurance for... - [How long does it take to be rewarded for a healthcare fraud case?](http://www.fcacounsel.com/faq/how-long-does-it-take-to-be-rewarded-for-a-healthcare-fraud-case/): Unfortunately, there is no telling how long a government investigation into healthcare fraud will take. So many variables factor into... - [Where can I file a False Claims Act case?](https://www.fcacounsel.com/faq/where-can-i-file-a-false-claims-act-case/): Two questions we are frequently asked by prospective whistleblowers are: (1) can I file a False Claims Act case in... - [What evidence is needed to file a False Claims Act case?](https://www.fcacounsel.com/faq/what-evidence-is-needed-to-file-a-false-claims-act-case/): This is a question or concern we hear a lot: can I file a healthcare or government fraud case without... - [What is Qui Tam?](http://www.fcacounsel.com/faq/what-is-qui-tam/): Qui tam is short for a Latin phrase, “Qui tam pro domino rege quam pro se ipso in hac parte... - [FAQ](https://www.fcacounsel.com/faq/) - [Whistleblower Retaliation & Protection Lawyers](https://www.fcacounsel.com/false-claims-act-attorneys/whistleblower-retaliation/): After a whistleblower reports fraud, their employer may try to punish them. Unfortunately, employer whistleblower retaliation is fairly common, but... - [Mortgage Fraud Attorney](https://www.fcacounsel.com/mortgage-fraud-attorney/): NOTE: We do not represent individual homeowners in lawsuits against the lenders for mortgage payments. HUD Mortgage Fraud Fraudulent origination... - [Federal Grant Fraud Attorney](https://www.fcacounsel.com/federal-grant-fraud-attorney/): Grant and Research Fraud The federal government awards sizable monetary grants to universities and private corporations for research projects. Misuse... - [Tariffs and Customs Fraud Attorney](http://www.fcacounsel.com/customs-fraud-attorney/): When goods are imported into the country, they are subject to tariffs and/or duties that vary depending on what the... - [Education Fraud Attorney](https://www.fcacounsel.com/education-fraud-attorney/): NOTE: We do not represent individual students in lawsuits against the programs to recover tuition payments. For-Profit Education Fraud For-profit... - [Thank You](https://www.fcacounsel.com/thank-you-two/): Thank you for contacting Bracker And Marcus LLC! We will review your message and be in touch with you shortly. - [Government Fraud Attorney](https://www.fcacounsel.com/government-fraud-attorney/): Types of Defense Contractor Fraud Government contractor fraud is the second-largest contributor to litigation in the False Claims Act arena.... - [Thank You](https://www.fcacounsel.com/thank-you-homepage/): Thank you for contacting Bracker And Marcus LLC! We will review your message and be in touch with you shortly. - [Thank You](https://www.fcacounsel.com/thank-you/): Thank you for contacting Bracker And Marcus LLC! We will review your message and be in touch with you shortly. - [Blog](https://www.fcacounsel.com/false-claims-act-whistleblower-blog/) - [CONTACT US](https://www.fcacounsel.com/contact-false-claims-act-counsel/): False Claims Act Attorneys ATLANTA 3355 Lenox Road Suite 660 Atlanta, GA 30326 Phone: 770-988-5035 Fax: 678-648-5544 Email: info@FCACounsel. com - [Federal False Claims Act](https://www.fcacounsel.com/federal-false-claims-act/): United States False Claims Act (As amended July 21, 2010, P. L. 111-203) 31 U. S. C. § 3729. False... - [Georgia False Medicaid Claims Act](https://www.fcacounsel.com/georgia-false-medicaid-claims-act/): Georgia State False Medicaid Claims Act O. C. G. A. § 49-4-168. Definitions As used in this article, the term:... - [Georgia Taxpayer Protection False Claims Act](https://www.fcacounsel.com/georgia-taxpayer-protection-act/): Georgia Taxpayer Protection False Claims Act O. C. G. A. § 23-3-120. Definitions As used in this article, the term:... - [FREE EVALUATION](https://www.fcacounsel.com/false-claims-act-free-evaluation/): Contact us for a free evaluation from a False Claims Act attorney. We represent whistleblowers in qui tam actions nationwide.... - [Bracker & Marcus online profiles](https://www.fcacounsel.com/bracker-marcus-online-profiles/): Bracker & Marcus LLC online attorney profilesJulie Bracker Super LawyersJulie Bracker AvvoJulie Bracker Martindale-HubbellJulie Bracker FindLawJulie Bracker LinkedInJulie Bracker TAFJason... - [ESI](https://www.fcacounsel.com/esi/): JULIE KEETON BRACKER began her electronically stored information (“ESI”) practice before the term was coined, as an associate at Rogers... - [JASON MARCUS](https://www.fcacounsel.com/our-team/jason-marcus/): - [NATHAN M. PEAK](https://www.fcacounsel.com/our-team/nathan-m-peak/): For most of his legal career, NATHAN PEAK has fought for whistleblowers who face seemingly insurmountable obstacles in exposing corporate... - [Sheri Lang](https://www.fcacounsel.com/our-team/sheri-lang/): https://www. fcacounsel. com/wp-content/uploads/2020/04/BRACKER-_-MARCUS-WHISTLEBLOWER-LAW-FIRM. jpgDownload VcardCall in to Bracker & Marcus LLC and you likely will have the pleasure of speaking... - [False Claims Act Lawyer](http://www.fcacounsel.com/false-claims-act-attorneys/): Representing whistleblowers nationwide The False Claims Act (FCA) empowers whistleblowers to expose fraud against the government by filing qui tam... - [Why Choose Us](https://www.fcacounsel.com/why-choose-us/): A law firm dedicated to representing whistleblowers in False Claims Act and other qui tam litigation nationwide If you found... - [TESTIMONIALS](https://www.fcacounsel.com/whistleblower-testimonials/): Whistleblower Clients “Bracker and Marcus LLC made me feel safe when the world was closing in around me. Their expertise... - [Resources for Qui Tam Whistleblowers](https://www.fcacounsel.com/resources-for-whistleblowers/): Need More Information about the False Claims Act? Some resources for individuals interested in the False Claims Act, IRS whistleblowers,... - [JULIE K. BRACKER](http://www.fcacounsel.com/our-team/julie-k-bracker/): http://www. fcacounsel. com/wp-content/uploads/2024/10/Julie-Bracker-Headshot-11-Edit-scaled. jpgDOWNLOAD VCARD With nearly a twenty years of focusing exclusively on False Claims Act litigation, JULIE KEETON... --- ## Posts - [Another PPP Win—With a Rare Outcome](http://www.fcacounsel.com/blog/first-ppp-fca-judgment-realtor-win/): If your law firm is going to have a blog, then the blog has to announce the wins—and it just... - [The Whistleblower’s Roadmap: Step-by-Step Through a Qui Tam Lawsuit](https://www.fcacounsel.com/blog/whistleblower-process/): The whistleblower process empowers individuals with inside knowledge of government fraud to come forward and take action. Filing a qui... - [Record-Breaking Healthcare Fraud Takedown Exposes Global Criminal Networks](http://www.fcacounsel.com/blog/record-breaking-healthcare-fraud-takedown/): The Department of Justice’s latest healthcare fraud enforcement action reads like an action movie, but the $14. 6 billion in... - [Recent Settlements Demonstrate the DOJ’s Commitment to False Claims Act Customs Fraud Enforcement](http://www.fcacounsel.com/blog/recent-settlements-doj-commitment-to-fca-customs-fraud-enforcement/): Consistent with the Department of Justice’s (DOJ) recent dedication to prioritizing enforcement against fraudsters who are evading customs duties and... - [Raise the Roof: Two More PPP Settlements Return Millions of Dollars to the Federal Government](http://www.fcacounsel.com/blog/ppp-settlements-false-claims-act-june-2025/): As we enter the dog days of summer, we have two more False Claims Act settlements to announce involving PPP... - [Genetic Testing Company Genexe Settles False Claims Act Allegations for $6 Million](http://www.fcacounsel.com/blog/genexe-false-claims-act-allegations-settlement/): Bracker & Marcus’s parade of settlements continues with some long-awaited news out of the Eastern District of Pennsylvania. (And for... - [More False Claims Act Settlements from a New Batch of Data Miners](http://www.fcacounsel.com/blog/false-claims-settlements-from-a-new-batch-of-data-miners/): In our last update, we promised you more False Claims Act settlements, so we are back to bring you just... - [From Phoenix, Arizona all the way to Tacoma: Bracker & Marcus is settling False Claims Act cases nationwide](http://www.fcacounsel.com/blog/bracker-and-marcus-settling-false-claim-act-cases-nationwide/): Well, I’ve been lookin’ real hard And I’m tryin’ to fight the frauds But it just keeps gettin’ tougher every... - [Attorney General Bondi Pledges to Defend the Constitutionality of the False Claims Act](http://www.fcacounsel.com/blog/attorney-general-pam-bondi-pledges-to-defend-the-constitutionality-of-the-false-claims-act/): Amid recent constitutional challenges to the False Claims Act, recently sworn-in U. S. Attorney General Pam Bondi promised to support... - [Recent Developments in Bracker & Marcus Cybersecurity Fraud Cases](http://www.fcacounsel.com/blog/cybersecurity-fraud-cases-bracker-marcus-recent-developments/): It was a big week for Bracker & Marcus LLC’s cyberfraud cases, with a motion to dismiss filed in one... - [2024 Anti-Fraud Coalition Annual Conference](http://www.fcacounsel.com/blog/anti-fraud-coalition-annual-conference-2024/): The Anti-Fraud Coalition’s 24th Annual Conference was held on September 25 to 27, 2024 in Washington, DC. TAF Coalition Conference... - [FBI Warns of Escalation in Iran-Based Ransomware Attacks on U.S. Organizations](http://www.fcacounsel.com/blog/fbi-warns-of-escalation-in-iran-based-ransomware-attacks/): On August 28, 2024, the FBI, CISA, and the Department of Defense Cyber Crime Center (DC3) issued a joint Cybersecurity... - [Cyber Security Series Part Two: Department of Defense Cybersecurity Compliance Requirements](http://www.fcacounsel.com/blog/department-of-defense-cybersecurity-compliance-requirements/): My name is Leslie Weinstein, and I am a rising third-year, part-time law school student at the University of Baltimore... - [An Introduction to the DOJ’s CCFI](http://www.fcacounsel.com/blog/doj-civil-cyber-fraud-initiative/): This blog is the first in a series of blogs about the Department of Justice’s Civil Cyber Fraud Initiative. Through... - [All About the New DOJ Whistleblower Program](http://www.fcacounsel.com/blog/new-doj-whistleblower-program/): The new initiative will begin later this year A newly created whistleblower program run by the Department of Justice offers... - [Julie Bracker and Jason Marcus to speak at the 2024 American Bar Association Conference on the Civil False Claims Act](http://www.fcacounsel.com/blog/julie-bracker-and-jason-marcus-to-speak-at-american-bar-association-conference-2024/): On June 4 and 5, 2024, the American Bar Association will host a virtual conference on the Civil False Claims... - [Recent Case Law Allows States Eleventh Amendment Immunity from False Claims Act Retaliation Suits](http://www.fcacounsel.com/blog/eleventh-amendment-immunity/): The longstanding clash between the False Claims Act and the Eleventh Amendment came to a head again recently in Monroe... - [Meet Your Federal District Courts in the Midwest](http://www.fcacounsel.com/blog/midwest-federal-district-courts/): Qui tam cases filed under the Federal False Claims Act are filed in federal district courts and investigated by United... - [DOJ: False Claims Act Settlements Exceeded $2.3 Billion in 2023](http://www.fcacounsel.com/blog/doj-announces-false-claims-act-settlements-exceeded-2-billion-in-2023/): On February 22, 2024, the Department of Justice announced that settlements and judgments under the False Claims Act exceeded $2.... - [Oops! We Did It Again](http://www.fcacounsel.com/blog/bracker-and-marcus-score-another-settlement-against-docklight/): Bracker & Marcus Scores Second PPP Settlement, This Time Against Marijuana Marketing Company Docklight Brands Since early 2022, our firm... - [Another Feather in our Capstone – Toxicology and Genetic Testing Laboratory Settles False Claims Act Case for $14.3 Million](http://www.fcacounsel.com/blog/false-claims-act-case-for-14-3-million/): Covered conduct includes billing for unnecessary respiratory pathogen panels with routine COVID tests Bracker & Marcus LLC is excited to... - [Bracker & Marcus LLC Partners Honored by Super Lawyers Magazine](http://www.fcacounsel.com/blog/bracker-and-marcus-partners-honored-as-super-lawyers-2024/): Bracker & Marcus LLC is proud to announce that partners Julie Bracker and Jason Marcus have been selected as Super... - [Julie Bracker Co-Chairs Annual False Claims Act Conference in Manhattan](http://www.fcacounsel.com/blog/julie-bracker-co-chairs-2024-false-claims-act-conference/): It was my honor to co-chair the American Conference Institute’s Eleventh Annual False Claims Act and Qui Tam Enforcement conference,... - [What Are The Two CMMC Proposed Rules Published for Public Comment?](http://www.fcacounsel.com/blog/one-of-two-cmmc-proposed-rules-published-for-public-comment/): For Christmas, the Department of Defense (DoD) asked the Defense Industrial Base (DIB) for a shiny new $63 billion Cybersecurity... - [SEC Issues New Cybersecurity Disclosure Rule](http://www.fcacounsel.com/blog/cybersecurity-fraud-sec-issues-new-regulations/): On July 26, 2023, the Securities and Exchange Commission (SEC) produced a final rule that strengthened and standardized the agency’s... - [Bracker & Marcus Ties for the Largest PPP Settlement on Record](http://www.fcacounsel.com/blog/bracker-marcus-ties-for-the-largest-ppp-settlement-on-record/): The end of the year usually means cold weather, holiday decorations, and a rush to finalize False Claims Act settlements.... - [Government Reaches $225,000 False Claims Act Settlement with Georgia Physician](http://www.fcacounsel.com/blog/government-reaches-fca-settlement-with-ga-physician/): Our client becomes a successful two-time whistleblower It is difficult and rare to be a successful False Claims Act relator.... - [SBA Reports More Than $200 Billion of PPP and EIDL Funds Lost to Fraud](https://www.fcacounsel.com/blog/sba-reports-more-than-200-billion-of-ppp-and-eidl-funds-lost-to-fraud/): Our law firm has filed over a dozen False Claims Act cases alleging Paycheck Protection Program (PPP) and Economic Injury... - [CRH Healthcare Settles Covid Overbilling Claim for $1.6 Million](http://www.fcacounsel.com/blog/crh-healthcare-settles-covid-overbilling-claim-for-1-6-million/): As anyone involved in healthcare during the Covid pandemic can attest, there was an enormous amount of confusion about what... - [DOJ Releases Updated False Claims Act Statistics for 2022](https://www.fcacounsel.com/blog/doj-false-claims-act-statistics-2022/): The False Claims Act (FCA) imposes liability on individuals and organizations that defraud the government by submitting false or fraudulent... - [Everything You Need to Know From the 2022 MFCU Annual Report](http://www.fcacounsel.com/blog/mfcu-annual-report/): “Hey Mafookoo! What do you think you’re doing? ” Yes, Mafookoo (actually “MFCU”) sounds like it might be some sort... - [Bracker & Marcus Settles Case Against Ophthalmology Group for $2.9 Million](http://www.fcacounsel.com/blog/bracker-marcus-settle-case-against-fraudulent-ophthalmology-group-for-2-9-million/): Bracker & Marcus LLC is pleased to announce that the United States and the State of Texas have settled a... - [Bracker & Marcus LLC Honored by Super Lawyers Magazine for 8th Consecutive Year](https://www.fcacounsel.com/blog/bracker-marcus-super-lawyers/): Jason Marcus has been chosen as a Super Lawyer in his first year of eligibility. Julie Bracker has been chosen... - [Advanced Bionics Settles False Claims Act Case for $13 million](http://www.fcacounsel.com/blog/advanced-bionics-settles-false-claims-act-case-for-13-million/): Bracker & Marcus LLC is pleased to announce that Advanced Bionics LLC, a California-based manufacturer of cochlear implants, agreed to... - [False Claims Act Case Against Mississippi Orthopedic Clinic Results in $1.9 Million Settlement](http://www.fcacounsel.com/blog/false-claims-act-case-against-mississippi-orthopedic-clinic-results-in-1-87-million-settlement/): Defendants allegedly defrauded Medicare and Medicaid by submitting false claims for name brand viscosupplements Just in time for the new... - [Bracker & Marcus Client Receives Settlement from Pharmacies Selling Compounded Drugs](http://www.fcacounsel.com/blog/bracker-marcus-client-settles-case-pharmacies-selling-compounded-drugs/): Bracker & Marcus LLC is pleased to announce that four pharmacies have agreed to pay more than $6. 8 million... - [DOJ Settles Suit Against Defense Contractor, Bracker & Marcus Represents Relator](http://www.fcacounsel.com/blog/doj-settles-suit-against-defense-contractor/): Bracker & Marcus LLC is proud to announce that a suit brought by their client against WDC Acquisitions LLC, d/b/a... - [Viscosupplementation Fraud Continues to Make News](https://www.fcacounsel.com/blog/viscosupplementation-fraud-continues-to-make-news/): California provider settles allegations of billing for re-imported drugs for more than $1 million Back in January 2014, Julie and... - [Partner Julie Bracker Set to Present “The Relator’s Counsel Perspective” at the 9th Annual Advanced Forum on False Claims and Qui Tam Enforcement](https://www.fcacounsel.com/blog/bracker-speaks-at-false-claims-and-qui-tam-conference/): Event: 9th Annual Advanced Forum on False Claims and Qui Tam Enforcement DATE: June 22-23, 2022 LOCATION: New York Marriott... - [Why are False Claims Act cases filed under seal?](https://www.fcacounsel.com/blog/why-are-false-claims-act-cases-filed-under-seal/): The seal protects the Government’s investigation, the Defendant’s privacy, and the whistleblower’s employment. The False Claims Act requires that every... - [Behavioral Health Services Provider Settles False Claims Act Allegations for $750,000](http://www.fcacounsel.com/blog/behavioral-health-settles-false-claims-act-allegations/): Bracker & Marcus Client Latashia Hawkins Awarded 23% Relator’s Share We are proud to announce that the United States and... - [New Pick for SCOTUS: Judge Ketanji Brown Jackson](http://www.fcacounsel.com/blog/scotus-judge-ketanji-brown-jackson/): On February 25th, 2022, President Biden nominated Judge Ketanji Brown Jackson to become the 116th Associate Justice of the United... - [COVID Relief Fraud: Justice Takes Time](https://www.fcacounsel.com/blog/covid-relief-fraud-justice-takes-time/): A recent Law 360 article titled “The Hottest FCA Cases and Trends to Watch in 2022” starts its round up... - [Bracker & Marcus LLC Partners Honored by Super Lawyers Magazine](https://www.fcacounsel.com/blog/bracker-marcus-super-lawyers-2022/): Julie Bracker listed as a Super Lawyer; Jason Marcus listed as a Rising Star Once again, Bracker & Marcus LLC... - [PPP Fraud Whistleblower Lawyer](https://www.fcacounsel.com/blog/ppp-fca-cases-coming-unsealed/): When the federal government unleashed the Paycheck Protection Program, it quickly became obvious that while it would help many people... - [COVID Relief Funds and the False Claims Act](https://www.fcacounsel.com/blog/covid-relief-funds-and-the-false-claims-act/): At this point, the COVID pandemic and its ongoing implications for public health and policy is a constant topic of... - [Partner Jason Marcus to Speak About the Modern Relator at 2022 Federal Bar Association Virtual Qui Tam Conference](https://www.fcacounsel.com/blog/marcus-to-speak-at-virtual-qui-tam-conference/): This virtual conference is available to all members of the Federal Bar Association Panel Details Date & Time: Friday, February... - [Bracker & Marcus Recognized as Fourth Most Prolific Qui Tam Firm in America](https://www.fcacounsel.com/blog/bracker-marcus-recognized-as-prolific-qui-tam-firm/): Legal analytics firm Lex Machina reviewed thousands of unsealed False Claims Act cases from 2016 to 2020 to determine most... - [Bracker & Marcus LLC Settles Its Second MDGA-Intervened False Claims Act Case This Month](http://www.fcacounsel.com/blog/bracker-marcus-llc-settles-second-fca-case-this-month/): The whistleblowers alleged that the hospital was improperly billing split/shared visits as if patients were seen by a physician when... - [Bracker & Marcus Settles Intervened False Claims Act Case Alleging Infusions Performed by Medical Assistants](http://www.fcacounsel.com/blog/bracker-marcus-settles-intervened-false-claims-act-case/): Georgia requires licensed nurses to perform infusions; our whistleblower nurse discovered her co-workers were unqualified medical assistants. Bracker & Marcus... - [Mediating False Claims Act Cases](https://www.fcacounsel.com/blog/mediating-false-claims-act-cases/): Mediation is an efficient and effective option for resolving False Claims Act lawsuits Here in Georgia, autumn has rolled in... - [Attorney General Merrick Garland Rescinds the Infamous Brand Memo](https://www.fcacounsel.com/blog/attorney-general-merrick-garland-rescinds-infamous-brand-memo/): Department of Justice may once again use internal agency guidance to enforce the rule of law In January 2018, then-Associate... - [Proposed False Claims Act Amendments of 2021: Cost-Shifting of Discovery in Declined Cases](https://www.fcacounsel.com/blog/proposed-false-claims-act-amendments-of-2021/): On July 26, 2021, a bipartisan group of senators, guided by long-time False Claims Act champion, Charles Grassley (R-Iowa), introduced... - [Partner Jason Marcus Honored by Fulton County Daily Report as One of Its 2021 “On the Rise” Attorneys in Georgia](https://www.fcacounsel.com/blog/partner-jason-marcus-honored-by-fulton-county-daily-report/): Given to twenty lawyers under the age of 40, Marcus is being recognized for his achievements in representing whistleblowers in... - [July Settlement Round-Up](http://www.fcacounsel.com/blog/july-settlement-round-up/): As vaccinations roll out and we all begin our return to normalcy—or at least, to the “new normal,” so too... - [Happy Independence Day from Bracker & Marcus](https://www.fcacounsel.com/blog/happy-independence-day-from-bracker-marcus/): The Fourth of July is a particularly meaningful holiday for the lawyers at Bracker & Marcus. The existence of our... - [U.S. Attorney’s Office Settles Healthcare Fraud Case](http://www.fcacounsel.com/blog/u-s-attorneys-office-settles-healthcare-fraud-case/): Pharmacist Claims AlixaRx Took Govt. Money for Dispensed Drugs That Weren’t Prescribed In May, the Department of Justice announced that... - [What the Build Back Better Recovery Plan Means for Potential Whistleblowers Under the False Claims Act](https://www.fcacounsel.com/blog/build-back-better-recovery-plan/): It is finally springtime here at Bracker & Marcus LLC. In Atlanta, Julie and I are running outside to bask... - [Partner Jason Marcus Interviewed by False Claims Act Insider Webcast](https://www.fcacounsel.com/blog/partner-jason-marcus-interviewed-by-false-claims-act-insider-webcast/): Jason Marcus was recently invited to be a guest on a new web series about the False Claims Act hosted... - [What’s All This About PPP Loan Fraud?](https://www.fcacounsel.com/blog/whats-all-this-about-ppp-loan-fraud/): The Paycheck Protection Program has already been defrauded out of millions of dollars. One of the hottest areas for fraud... - [Bracker & Marcus LLC Wins Federal Appeal in U.S. ex rel. Felton v. William Beaumont Hospital](https://www.fcacounsel.com/blog/bracker-marcus-llc-wins-federal-appeal/): The Sixth Circuit held that the False Claims Act anti-retaliation provision applies to retaliatory acts performed after the employment is... - [The Department of Justice Announces False Claims Act Enforcement Priorities](https://www.fcacounsel.com/blog/the-department-of-justice-announces-false-claims-act-enforcement-priorities/): Acting Assistant Attorney General Brian M. Boynton provided remarks on February 17, 2021 at the annual Federal Bar Association’s Qui... - [The Bibby Saga, Part II: Living in a Material(ity) World](https://www.fcacounsel.com/blog/the-bibby-saga-part-ii-living-in-a-materiality-world/): In our previous blog on the Bibby case, we discussed the importance of the seal in False Claims Act (FCA)... - [Bracker & Marcus LLC Partners Honored by Super Lawyers Magazine](https://www.fcacounsel.com/blog/bracker-marcus-llc-partners-honored-by-super-lawyers-magazine/): Julie Bracker listed as a Super Lawyer; Jason Marcus listed as a Rising Star Once again, Bracker & Marcus LLC... - [CMS Issues Final Rule with Changes and Clarifications to the Anti-Kickback Statute](https://www.fcacounsel.com/blog/anti-kickback-statute/): As we discussed in our previous blog, November 20, 2020 was a big day for False Claims Act attorneys. Just... - [CMS Issues Final Rule with Changes and Clarifications to the Stark Law](https://www.fcacounsel.com/blog/cms-issues-final-rule-with-changes-and-clarifications-to-the-stark-law/): November 20, 2020 was a big day for False Claims Act lawyers. Just in time for Thanksgiving weekend, we received... - [Bracker & Marcus LLC 2020 Year In Review](https://www.fcacounsel.com/blog/bracker-marcus-llc-2020-year-in-review/): Happy New Year, whistleblower blog readers! Today, I am looking back on the unexpected year that was 2020. For our... - [Blowing the Whistle is Not for the Faint of Heart](https://www.fcacounsel.com/blog/whistleblower-retaliation-2/): It is important to hire competent False Claims Act counsel to protect you from employer retaliation. The Federal False Claims... - [Give Me Your Tired, Your Poor, Your Huddled Masses Yearning To Breathe Free](https://www.fcacounsel.com/blog/give-me-your-tired-your-poor-your-huddled-masses-yearning-to-breathe-free/): Bracker & Marcus LLC Litigates False Claims Act Cases That Other Relator’s Counsel Turns Away In last week’s blog post,... - [Let’s Give Them Something to Talk About](https://www.fcacounsel.com/blog/lets-give-them-something-to-talk-about/): How about the False Claims Act, Act, Act? As we enter day 845 (approximately) of quarantine, the regular qui tam... - [Remembering Justice Ruth Bader Ginsburg, Champion of Equality](https://www.fcacounsel.com/blog/remembering-justice-ruth-bader-ginsburg-champion-of-equality/): The recent passing of Ruth Bader Ginsburg, Associate Justice of the Supreme Court, caused me to take a step back... - [Whistleblowers Continue to Make News to the Benefit of Us All](https://www.fcacounsel.com/blog/whistleblowers-continue-to-make-news-to-the-benefit-of-us-all/): False Claims Act defendant Mahendra Amin, M. D. is back in the news for allegations of medically unnecessary procedures on... - [Partner Julie Bracker Named to the Vanderbilt University Law School Board of Advisors](https://www.fcacounsel.com/blog/partner-julie-bracker-named-to-the-vanderbilt-university-law-school-board-of-advisors/): The Vanderbilt Law School Board of Advisors plays a vital role in carrying out the school’s mission to provide students... - [Georgia On My Mind](https://www.fcacounsel.com/blog/georgia-on-my-mind/): Georgia has three excellent jurisdictions for filing False Claims Act cases. We here at Bracker & Marcus LLC like Georgia... - [There’s No Place Like Home…](https://www.fcacounsel.com/blog/theres-no-place-like-home/): Qui Tam Filings are Abundant around Washington, D. C. , Home of Most of the Nation’s Federal Agencies I was... - [Comfort Community Center, LLC Settles False Claims Act Allegations for $150,000](http://www.fcacounsel.com/blog/comfort-community-center-llc-settles-false-claims-act-allegations-for-150000/): Whistleblower Alleged that the Adult Day Care Provider Overbilled Georgia Medicaid for Developmentally Disabled Adults Bracker & Marcus LLC is... - [Universal Health Services, Inc. Settles False Claims Act Allegations for $117 Million](http://www.fcacounsel.com/blog/universal-health-services-inc-settles-false-claims-act-allegations-for-117-million/): The settlement resolves eighteen qui tam lawsuits alleging healthcare fraud and mistreatment of psychiatric and behavioral health patients. Bracker &... - [Happy Hour with Pigs and Chickens](https://www.fcacounsel.com/blog/happy-hour-with-pigs-and-chickens/): Farm Subsidy Fraud is a False Claims Act Violation Two things conspired to make Friday Happy Hour a 2020 tradition... - [SEC Issues $50 Million Award to Whistleblower – Its Biggest Award Ever](https://www.fcacounsel.com/blog/sec-issues-50-million-award-to-whistleblower-its-biggest-award-ever/): Bracker & Marcus LLC not only represents whistleblowers in False Claims Act cases, but we also represent whistleblowers reporting tax... - [Marching to Justice: Peaceful Protests Sweep the Nation](https://www.fcacounsel.com/blog/marching-to-justice-peaceful-protests-sweep-the-nation/): Washington D. C. is no stranger to protests. As a longtime resident of D. C. , I can observe a... - [Who CARES About PPP Fraud? We Do!](https://www.fcacounsel.com/blog/who-cares-about-ppp-fraud-we-do/): Fradulent PPP Loan Certifications Can Create False Claims Act Liability The Coronavirus Aid, Relief, and Economic Security (CARES) Act was... - [Congrats to Partner Julie Bracker](https://www.fcacounsel.com/blog/congrats-to-partner-julie-bracker/): For the fifth year in a row, Julie has been chosen for the Women in Law Award from Lawyer Monthly,... - [IRS Issued 181 Awards to Whistleblowers in Fiscal Year 2019](https://www.fcacounsel.com/blog/irs-whistleblower-awards-2019/): IRS Whistleblowers Were Paid More than $120 Million The IRS recently issued its annual report for Fiscal Year 2019 Whistleblower... - [Bracker & Marcus LLC Adds Veteran Qui Tam Attorney Nathan Peak as Counsel](https://www.fcacounsel.com/blog/bracker-marcus-adds-nathan-peak-as-counsel/): Nate brings over a decade of experience litigating declined False Claims Act cases Bracker & Marcus LLC is excited to... - [Watch Out for Coronavirus Scams](https://www.fcacounsel.com/blog/watch-out-for-coronavirus-scams/): Last week, we posted a reminder to watch out for COVID-related scams that could potentially lead to False Claims Act... - [Reminder to Report Suspected COVID-19 Fraud](https://www.fcacounsel.com/blog/reminder-to-report-suspected-covid-19-fraud/): Fraud Against Medicare Beneficiaries Likely Due to Vulnerability Unfortunately in times of crisis, there are predators looking for opportunities to... - [Partner Jason Marcus Shaves Head for Charity, Raises $2,178](https://www.fcacounsel.com/blog/jason-marcus-shaves-head-for-charity/): Thank you to everyone who gave to my St. Baldrick’s Foundation Fundraiser. We raised $2,178 for childhood cancer research. Friends,... - [Atlanta Hospice Company Agrees to Settle False Claims Act Allegations for $1.75 Million](http://www.fcacounsel.com/blog/hospice-false-claims-act-settlement-stg-interim-gilley/): Former Compliance Director Represented by Bracker & Marcus LLC Bracker & Marcus LLC is pleased to announce the intervention and... - [2019 Was a Big Year for the U.S. Attorney's Office in the Northern District of Georgia](https://www.fcacounsel.com/blog/2019-northern-district-georgia-recoveries/): Atlanta USAO participates in $169 million in recoveries in civil actions, including False Claims Act cases The United States Attorney’s... - [Partner Jason Marcus is Raising Money for Childhood Cancer Research](https://www.fcacounsel.com/blog/jason-marcus-for-childhood-cancer-research/): On March 13, I am going to be shaving my head to raise money for childhood cancer research. This will... - [Federal Government Intervenes in Bracker & Marcus False Claims Act Lawsuit Alleging False Billing of Orthopedic Products](https://www.fcacounsel.com/blog/federal-government-intervention-bracker-marcus-mitias-orthopedics/): Relator Alleges Mitias Orthopaedics in New Albany, Mississippi Used and Billed for Non-Approved Injectable Devices Bracker & Marcus LLC is... - [EHR Company Admits to Kickback Scheme Aimed at Increasing Opioid Prescriptions](https://www.fcacounsel.com/blog/practice-fusion-admits-to-kickback-scheme/): Practice Fusion paying $118. 6 million in False Claims Act settlement; no underlying qui tam. Practice Fusion, creator of electronic... - [The False Claims Act Even Applies to the US Postal Service](https://www.fcacounsel.com/blog/false-claims-act-postal-service-fraud/): “Florida Man” defrauds the Post Office A Florida man could face up to 20 years in prison and up to... - [Bracker & Marcus LLC Pledges 10% of its Fee from Wildlife Qui Tams to Charity](https://www.fcacounsel.com/blog/protecting-wildlife-with-qui-tam-statutes/): Protecting the Environment with Qui Tam Statutes Central Florida is known for three things: healthcare fraud, Disney World, and manatees.... - [DC Seeks to Punish Tax Cheats via False Claims Act Liability](https://www.fcacounsel.com/blog/dc-false-claims-act-tax-fraud/): Only two state False Claims Acts currently include a tax provision The District of Columbia is one of 31 “states”... - [Genetic Testing: The Latest Cancer in Healthcare Fraud](https://www.fcacounsel.com/blog/genetic-testing-healthcare-fraud/): Genetic Testing Scams Violate the False Claims Act In September 2019, the Department of Justice announced that Operation Double Helix... - [False Claims Act Year in Review: 2019](https://www.fcacounsel.com/blog/false-claims-act-2019/): False Claims Act recoveries top $3 billion There were $3 billion in settlements and judgments reported by the government in... - [Happy 2020 from Bracker & Marcus LLC](https://www.fcacounsel.com/blog/happy-2020/): We here at Bracker & Marcus LLC wish you all a happy and healthy new year! 2019 was a big... - [Georgia Recovers $8.5 Million from Medicaid Fraud Investigations in 2019](https://www.fcacounsel.com/blog/georgia-medicaid-fraud-2019/): A majority of False Claims Act cases filed by whistleblowers include allegations of Medicaid fraud Georgia Attorney General Chris Carr... - [NFL Stands for "No Fraud League"](https://www.fcacounsel.com/blog/nfl-healthcare-fraud/): By far, the most common type of fraud to be prosecuted under the False Claims Act is healthcare fraud, the... - [Happy Thanksgiving 2019](https://www.fcacounsel.com/blog/happy-thanksgiving-2019/): As we approach another Thanksgiving, our fifth since opening our doors, I cannot help but think of and be grateful... --- ## FAQs --- # # Detailed Content ## Pages - Published: 2025-11-20 - Modified: 2025-12-09 - URL: https://www.fcacounsel.com/faq/can-anyone-be-whistleblower-in-false-claim-act/ The False Claims Act allows any person with non-public information or evidence of fraud against the government to file a whistleblower (qui tam) lawsuit. Working with a False Claims Act lawyer at Bracker & Marcus LLC can help you navigate the legal complications involved with exposing government fraud and protect your rights as a whistleblower. Can a private citizen utilize the False Claims Act? The False Claims Act (FCA) is a federal law designed to protect the money of the United States government. It serves as its primary tool to recover funds lost to fraud. This statute empowers citizens, formally known as relators, to initiate False Claims Act cases on behalf of the government. This structure allows people to fight fraud, offering financial awards of 15% to 30% of the funds recovered for the federal government. Under the FCA, an individual can file a special lawsuit called a qui tam action. The main requirement is having independent, non-public information showing that a false or fraudulent claim was submitted to the government. Who can be a whistleblower under the False Claims Act? Broadly, any person can blow the whistle on fraud as long as they have independent, non-public information showing that a false or fraudulent claim was made to the government. Anyone with a solid body of evidence can be a claims act whistleblower: Current or former employees: If you have seen your company submit a false or fraudulent claim for services or products that were never delivered, you may be... --- - Published: 2025-10-07 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/media/doj-whistleblower-reward-program-for-antitrust-and-fraud-reporting/ This hour-long educational session explains the Department of Justice’s new initiative that offers monetary awards to individuals who report antitrust violations involving fraud, including mail and wire fraud. Rewards can be up to 30% of the criminal fines collected in cases resulting from the whistleblower’s information. The presentation features two highly regarded attorneys with successful whistleblower and antitrust litigation practices. The discussion covers: Origins of Whistleblower Laws: How the False Claims Act and similar statutes created the framework for incentivizing insider reporting. Whistleblower Process and Protections: Filing under seal, government investigations, and anti-retaliation provisions. Antitrust Enforcement Basics: Key statutes such as the Sherman Act, Clayton Act, and FTC Act, and how they apply to anti-competitive conduct. Details of the DOJ Program: Who qualifies as a whistleblower. Types of violations covered, including price-fixing, bid-rigging, and market allocation schemes. How to submit information and the role of confidentiality. Calculation of awards and coordination with existing DOJ leniency programs. Strategic Considerations: Interaction with other whistleblower programs, ethical issues, and potential constitutional challenges. Enforcement Trends: Current DOJ priorities and the role of whistleblowers in detecting cartels and other anti-competitive practices. Speakers Julie Keaton Bracker, Founder and Partner, Bracker & Marcus LLC (FCA) Dan Mogin, Founder and Managing Partner, Mogin Law LLP (Antitrust) you can stream it on --- - Published: 2025-09-24 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/faq/does-the-false-claims-act-protect-whistleblowers/ Yes, the False Claims Act (FCA) protects whistleblowers who report fraud against the federal government. Under this law’s anti-retaliation provisions, people who speak up, whether by investigating or filing a claim or by trying to stop fraud internally, can’t be fired, demoted, harassed, or otherwise punished for doing the right thing. A key feature of the FCA is the qui tam provision, which allows private individuals, called “relators,” to file a lawsuit on behalf of the government. These cases, known as qui tam lawsuits, may result in the whistleblower receiving 15% to 30% of the funds recovered. If you have already experienced retaliation, you may have legal protections and options for financial recovery. To learn more about your rights or how the process works, speak with a False Claims Act lawyer. What kind of fraud does the False Claims Act cover? The FCA applies to any kind of fraud that causes financial harm to the government. Some common examples include: Billing for services not provided Falsifying records to obtain payments Delivering low-quality goods under federal contracts Overcharging Medicaid or Medicare Avoiding repayment of government loans or grants (known as reverse false claims) You do not need to work for the government to report this kind of fraud. The law applies broadly and protects people from many walks of life. How does the FCA protect whistleblowers from retaliation? The FCA includes a specific section, 31 U. S. C. § 3730(h), that protects employees or contractors who try to stop fraud from... --- - Published: 2025-07-22 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/media/legal-liabilities-and-the-false-claims-act-in-the-cyber-era/ Julie Bracker joined Scott Giordano (the “CISO’s lawyer”) and Kevin Coppins, CEO of Spirion, to talk about the many ways data has proliferated in our modern society, and the increasingly complex ways that it may be exfiltrated and used by threat actors. With a theme of “the best time to get compliant was seven years ago – the second best time is now! ” the team explains where and how data proliferates, the many assorted places it may reside, and why getting a handle on what data you have and where it resides is critical. Transcriptionyou can stream it on --- - Published: 2025-03-05 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/healthcare-fraud-attorney/ The government’s healthcare spending is put at risk because of fraud each year. Thankfully, there are plenty of brave whistleblowers who, with the help of a skilled healthcare fraud attorney, stand up to uncover fraud and hold wrongdoers accountable. At Bracker & Marcus LLC, we represent whistleblowers nationwide, handling fraud cases involving Medicare, Medicaid, TRICARE, Federal Employee Healthcare Benefits, and Veterans Administration programs. Our team has decades of experience in False Claims Act litigation, and we are committed to protecting whistleblowers, exposing fraud, and recovering taxpayer dollars. If you suspect healthcare fraud, we are here to guide you every step of the way. Why Choose Bracker & Marcus LLC for healthcare fraud cases? Deep experience in healthcare-related False Claims Act litigation – Our attorneys have decades of combined experience handling fraud cases involving Medicare, Medicaid, TRICARE, and other federally funded healthcare programs. Proven record of multimillion-dollar healthcare recoveries – We've helped whistleblowers expose illegal billing practices, kickback schemes, upcoding, and unnecessary procedures—leading to significant recoveries for the government and our clients. Dedicated to whistleblower protection in the healthcare industry – Retaliation is real in medical settings. We aggressively advocate for your rights and safety, whether you're a nurse, coder, billing manager, or physician. No fee unless we win – We work on a contingency basis, meaning you owe nothing unless we successfully recover funds on your behalf. Thinking about reporting healthcare fraud? Whether it’s fraudulent billing, illegal referrals, or ghost patients, we’re here to help you navigate the process with... --- - Published: 2025-01-30 - Modified: 2025-01-31 - URL: https://www.fcacounsel.com/our-team/graham-rusk/ Graham brings a wealth of investigative experience and a proven track record in combating complex fraud and financial crimes to Bracker & Marcus LLC. Before becoming an attorney, Graham served for over two decades in law enforcement, including as a former Special Agent with the Georgia Bureau of Investigation and an FBI Task Force Agent. At the FBI, he led significant federal investigations in the Northern District of Georgia, focusing on sophisticated financial and cyber fraud, public corruption, money laundering and organized crime. Graham has worked hundreds of cases over the course of his career honing exceptional skills for uncovering the truth and holding criminals accountable. Notably, his work on an international money laundering and sanctions-evasion investigation earned recognition from the Attorney General of the United States and the Director of the FBI. EDUCATION Graham graduated from the University of Tennessee at Chattanooga in 2003 with a bachelor’s degree in criminal justice. Seventeen years later, he advanced his passion for justice by enrolling at Georgia State University College of Law. In law school, he concentrated on information privacy, corporate compliance, and white-collar crime, equipping him with a strong foundation for his legal career. Graham understands the challenges whistleblowers face by exposing fraud and corruption. Just as he supported victims of crime seeking justice and uncovering the truth, Graham now empowers whistleblowers to navigate the legal process, ensuring their voices are heard and their rights are protected. At Bracker & Marcus LLC, Graham leverages his education, experience, and skills to advocate... --- - Published: 2024-12-04 - Modified: 2025-01-21 - URL: https://www.fcacounsel.com/media/cybersecurity-fraud-101-and-how-whistleblowers-fight-it/ In today’s episode, whistleblower lawyer Julie Bracker of Bracker & Marcus joins us to discuss cybersecurity fraud and recent government enforcement efforts. From what defines critical infrastructure to compliance protocols, this 101 breaks down how these frauds work and what whistleblowers should be looking out for if they have a case. Fraud in America is made possible by the generous donation of Getnick Law, a boutique Manhattan law firm dedicated to fighting fraud and promoting business integrity. To learn more, watch the interview below. Transcriptionyou can stream it on --- - Published: 2024-11-11 - Modified: 2025-01-21 - URL: https://www.fcacounsel.com/media/penn-state-cybersecurity-false-claims-scandal/ Introducing the Penn State Whistleblower. In this episode, the whistleblower explains how he tried to stop Penn State from allegedly LYING to the government about their NIST 800-171 compliance and what he has faced since he blew the whistle! Whistleblower attorney Julie Bracker also shares what the media got wrong in this case and the latest on the Georgia Tech FCA case! Here are a few highlights from this episode: Hear directly from the whistleblower in this False Claims Act case What the media got wrong Recommendations to universities Advice for other whistleblowers Matthew Decker was the Chief Information Officer at the Applied Research Laboratory at Penn State from 2015 until 2023 and the interim Vice Provost and CIO responsible for all of Penn State from January 2016 until September 2016. Matthew currently serves as the Chief Data and Information Officer at NASA’s Jet Propulsion Laboratory since 2023. It was fascinating to learn that the university assumed compliance with their own AD95 security policy meant they were automatically compliant (at least to some measure) with NIST 800-171. This is a great reminder that the details always matter! Transcriptionyou can stream it on --- - Published: 2024-10-01 - Modified: 2025-01-21 - URL: https://www.fcacounsel.com/media/the-false-claims-act-impact-on-dib/ This podcast discusses the implications of the False Claims Act (FCA) on the Defense Industrial Base (DIB). The FCA is a federal law that imposes liability on individuals and companies who defraud governmental programs. In the context of the DIB, this act holds defense contractors accountable for delivering products and services that meet contractual obligations and regulatory standards. The conversation emphasizes the importance of compliance with the FCA to avoid legal repercussions, financial penalties, and reputational damage. It also highlights the need for robust internal controls, regular audits, and a culture of ethical behavior within organizations operating in the defense sector. By adhering to the FCA, companies not only protect themselves from potential lawsuits but also contribute to the integrity and effectiveness of national defense operations. To learn more, watch the video below. --- - Published: 2024-09-10 - Modified: 2025-02-05 - URL: https://www.fcacounsel.com/media/ga-tech-cybersecurity-false-claims-scandal/ Introducing the Georgia Tech Whistleblowers. In this episode, the whistleblowers explain how they tried to stop Georgia Tech from allegedly LYING to the government about their NIST 800-171 compliance and what they have faced since they blew the whistle! Whistleblower attorney Julie Bracker also shares what could come next and how much Georgia Tech may have to pay out! Here are a few highlights from this episode: Hear directly from the whistleblowers in this False Claims Act case Details on the “Fictitious” NIST 800-171 SPRS Score How much money Georgia Tech might have to pay Recommendations to universities Advice for other whistleblowers Both of the whistleblowers have a long history with Georgia Tech and truly care for the institution. Christopher Craig has worked at Georgia Tech for more than 20 years. He was the Associate Director of Cybersecurity where he managed all central cyber security personnel and built the GRC team until Georgia Tech demoted him to an Enterprise Security Architect. Kyle Koza worked at Georgia Tech for more than 15 years until he left his role as a Principal Information Security Engineer in 2022. He got his bachelor’s and master’s degrees from Georgia Tech and also co-wrote and still teaches a security incident response master’s degree course at the university. How can a university expect to maintain its NIST / CMMC compliance if multiple labs are built and managed by different teams who may not even be familiar with the NIST 800-171 security controls? Special thanks to Christopher and... --- - Published: 2024-04-29 - Modified: 2024-08-28 - URL: https://www.fcacounsel.com/media/penn-state-and-georgia-tech-false-claims-act-complaints-unsealed/ With increasingly sophisticated attacks from both domestic and international threat actors, it is more important than ever that institutions who house sensitive government data abide by their own agreements to keep that information safe. In this episode of the Aspire Cyber podcast, Julie Keeton Bracker chats with Derrich Phillips about what research institutions and other government contractors can expect under the Department of Justice’s Civil Cyber Fraud Initiative. Announced in 2021, the Civil Cyber Fraud Initiative stated the Department’s intention to use its most powerful fraud fighting tool, the federal False Claims Act, to enforce cybersecurity requirements in its contracts. Julie explains the origin of the FCA and its historical uses before the Civil Cyber Fraud initiative. The pair talk about the theories of liability under the False Claims Act for cyber non-compliance and what might constitute a material misrepresentation as to an organization’s cyber security plan. As lead counsel in both US ex rel. Decker v. Penn State (Eastern District of Pennsylvania) and the similar Georgia Tech case (Northern District of Georgia), Julie discusses what factors motivate whistleblowers to come forward, what elements and evidence she looks for when deciding whether to take a case, how the investigation process works, and how relators’ allegations are corroborated throughout the process. Julie and Derrich also discuss what impact the United States’s decision to intervene or decline will have on an FCA case and the typical process of resolution when a case is intervened. They then consider how damages might be calculated... --- - Published: 2024-04-29 - Modified: 2025-01-21 - URL: https://www.fcacounsel.com/media/false-claims-act-doj-civil-cyber-fraud-initiative/ In this episode of the GRC Academy podcast, host Jacob Hill interviews Julie Keeton Bracker about the False Claims Act and the Department of Justice’s Civil Cyber Fraud Initiative. Julie begins with the history of the federal False Claims Act, known as “Lincoln’s Law,” in the Civil War era and how it came to be used first for defense contracting, then in the medical arena, and finally the launch of the Cyberfraud Initiative. She details the operation of the statute, including treble damages, civil money penalties, and attorneys’ fees paid by “bad guys” who perpetrate fraud on the government, as well as explaining what “qui tam” means (and how to pronounce it! ) The pair next discusses the types of fraud commonly seen in the FCA context, and the process for how a case is originated, developed by the firm, and investigated by the government, including how long each part of the process typically takes. Julie answers the question of “what happens if I was part of the fraud myself, can I still bring a qui tam? ” and the risks and rewards of choosing to become a whistleblower. Julie then outlines what the options are for relators after the government makes its intervention decision – no matter whether that is to intervene or decline – and what the statistics are on cases brought under the FCA on an annual basis. Julie explains how the SPRS scores a company puts into the Department of Defense database can constitute a material... --- - Published: 2024-04-29 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/media/ DOJ Whistleblower Reward Program for Antitrust and Fraud Reporting Legal Liabilities and the False Claims Act in the Cyber Era False Claims Act & DOJ’s Civil Cyber Fraud Initiative Penn State and Georgia Tech False Claims Act Complaints Unsealed Georgia Tech Cybersecurity False Claims Scandal: Meet the Whistleblowers Sounding the Alarm: The False Claims Act Impact on the DIB Penn State Cybersecurity False Claims Scandal: Meet the Whistleblower Cybersecurity Fraud 101 and How Whistleblowers Can Fight It --- - Published: 2022-10-28 - Modified: 2024-05-06 - URL: https://www.fcacounsel.com/our-team/sara-ballew/ Sara Ballew is honored to work for courageous whistleblowers who seek justice through the False Claims Act. For almost a decade, Sara has fought for employees whose rights have been violated by their employers. She has litigated large class and collective action wage and hour cases and individualized discrimination and retaliation cases. Through her work at a boutique employment law firm in Kansas City, in 2015, Sara began working on False Claims Act cases. In addition to the FCA, Sara has represented SEC and OSHA whistleblowers. She soon realized her passion for helping whistleblowers hold entities and individuals accountable for defrauding the government. Wanting to focus her practice more on False Claims Act matters, Sara joined Bracker & Marcus in 2022. She is excited for the opportunity to zealously advocate on behalf of whistleblowers who are bringing the truth to light. Sara graduated from the University of Kansas with a bachelor’s degree in political science and minors in business and dance. She graduated from the University of Kansas School of Law with an Advocacy Certificate. She was the Vice President of KU Women in Law, and her article was selected for publication during her time as symposium editor and staff member of the Kansas Journal of Law and Public Policy. Sara is licensed in Kansas and Missouri and admitted to practice in their federal courts. Sara is a member of the Anti-Fraud Coalition, a non-profit organization dedicated to defending whistleblowers who expose fraud on the government. Sara lives in Overland... --- - Published: 2022-05-17 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/cybersecurity-fraud-attorney/ NOTE: We do not represent individuals who are victims of cyber-fraud. In the twenty-first century, wars aren’t fought with just guns and bombs but also—perhaps primarily—with computers. More and more domestic and international “hacks” are committed against public agencies and private companies, many of which contract with the Government to store sensitive data. As just one example, the SolarWinds hack, thought to be executed by Russian hackers, spread a virus that created vulnerabilities in systems operated by the Pentagon, the Department of Homeland Security, the State Department, the Department of Energy, the National Nuclear Security Administration, and the Treasury. For this reason, it comes as no surprise that cybersecurity is an increasingly critical issue for consumers and national security. The False Claims Act and other qui tam statutes provide ways for whistleblowers to protect our country and potentially be rewarded for their patriotism. A cybersecurity whistleblower lawyer with Bracker & Marcus will be proud to assist these brave individuals in stepping up to combat fraud. The Federal Government Prioritizes Cyber-Fraud Cases In response to the increasing number of hacks and data breaches, the Biden administration issued Executive Order 14028, declaring cybersecurity to be a top priority for the federal government. On October 6, 2021, the DOJ announced its new Civil Cyber-Fraud Initiative, which includes not only internal investigations and penalties but also served as a call to arms for whistleblowers to identify and report inadequate cybersecurity measures by government contractors. Said the Acting Assistant Attorney General: “With the growing threat... --- - Published: 2021-08-06 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/faq/false-claims-act-attorneys-fees-responsibility/ It’s only natural for potential whistleblowers to wonder who is responsible for an FCA attorney’s fees and expenses. In short: Most False Claims Act lawyers work on a contingency basis—they only get paid if the case succeeds. The whistleblower receives a percentage of the government’s recovery, and the lawyer’s fee is taken as a percentage of that share. The FCA also permits attorneys to recover hourly fees and costs directly from the defendants. Be cautious of lawyers who expect you to pay part of their hourly fees from your recovery. If you’re considering an FCA lawsuit in the United States, two common concerns are: Who pays the lawyer if I win? and Who pays the lawyer if I lose? Let’s break this down with our Atlanta whistleblower attorneys. Contingency Fees Are the Norm FCA cases are high-risk and expensive when it comes to the attorneys’ fees and costs. Most private citizens can’t afford to pay hourly rates to litigate against powerful defendants such as hospitals, defense contractors, or pharmaceutical companies. For this reason, most firms—including ours—take cases on a contingency fee basis. This means we advance our time and costs, and only get paid if the case is successful. When the government recovers money, the whistleblower (called the “relator”) is awarded a percentage. If the government intervenes, the relator’s share is 15–25%. If it declines and the whistleblower proceeds alone, the share increases to 25–30%. Example: if the government does not decline to intervene and settles for $1 million, and... --- - Published: 2021-03-09 - Modified: 2024-01-25 - URL: https://www.fcacounsel.com/faq/how-does-a-government-shutdown-affect-my-false-claims-act-case/ When a relator and its False Claims Act attorneys file a False Claims Act case, they engage two branches of the government: the federal judiciary, i. e. , the district court in which the case is filed, and the executive departments and agencies that work on the case for the government. This includes the Department of Justice, U. S. Attorney’s Office, FBI, and Offices of the Inspector General (OIG) for various agencies such as the Department of Health and Human Services (HHS) and the Department of Defense (DOD). These offices generally rely on funding from the federal government as part of the omnibus spending bills passed by Congress and signed into law by the president. But if Congress and the president cannot reach an agreement on a spending bill, then the federal government shuts down. For those seeking counsel from Atlanta whistleblower attorneys, this is understandably frustrating. This is how a government shutdown affects your False Claims Act case. Government Shutdowns Hit the Brakes on False Claims Act Investigations Sealed False Claims Act investigations are in limbo until funding is restored, with long-lasting and potentially devastating effects. In fact, the government attorneys and investigators assigned to qui tam cases are often prohibited from working, even voluntarily and without pay. Therefore, the majority of sealed investigations grind to a halt until an appropriation bill funds the office again. The federal courts do continue to operate, albeit on a skeleton crew. This is because they have additional sources of funding, such as... --- - Published: 2021-03-08 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/faq/can-you-handle-state-government-healthcare-fraud-cases-in-any-state/ Yes! Our False Claims Act lawyers can appear and represent whistleblowers in every state in the country. But let’s unpack this question a little bit. First, nearly every government-funded healthcare program is at least partially funded by federal money. This includes state Medicaid and Medicaid managed care organizations (which is like the Medicaid version of Medicare Advantage). The amount of federal funding varies by state, but at least half of the program is paid for by the federal government. Accordingly, most healthcare cases can be filed in federal court under the False Claims Act. And as we explain below, if you can file your qui tam case in federal court rather than state court, it is usually advisable to do so. Pro Hac Vice We can be admitted to every federal court in the country in one of two ways. First, just because Jason and Julie live in Georgia does not mean they cannot be admitted to practice in other districts. For example, they are permanently admitted to practice in federal courts in Colorado, Michigan, and Tennessee. Other courts only let local attorneys become permanent members, but they can grant special admission to out-of-state lawyers to enter an appearance on a case-by-case basis. This is called making an appearance pro hac vice, and we do it routinely throughout the country. Local Counsel In these instances where we appear in courts outside of Georgia, we usually bring on an additional law firm to act as local counsel. These are attorneys that... --- - Published: 2021-03-07 - Modified: 2022-11-14 - URL: https://www.fcacounsel.com/faq/can-i-file-a-state-government-fraud-case-under-the-false-claims-act/ Most qui tam cases are filed under the federal False Claims Act (FCA), which protects against fraud, waste, and abuse of federal monies. But what about fraud related to state government funds? The federal False Claims Act is limited to federal funding, but some states and municipalities also have their own False Claims Acts to protect against theft and misuse of state and local money. For example, there are two False Claims Acts in Georgia: the Georgia Taxpayer Protection False Claims Act, O. C. G. A. § 23-3-120 et seq. , and the Georgia False Medicaid Claims Act, O. C. G. A. § 49-4-168 et seq. If you suspect you have a claim and need more guidance on these topics, contact our Atlanta whistleblower attorneys. Until then, the following information serves as a good primer on Georgia’s FCAs. The Georgia Taxpayer Protection False Claims Act A minority of states have False Claims Acts that protect various state and local government funds. Frequently, these statutes are very similar to the federal False Claims Act, but they may include peculiarities as to what types of fraud fall under the statute, or what types of whistleblowers may bring these claims. Moreover, state False Claims Act cases are filed in state court, rather than federal court, since there may not be any federal funds at issue. The Georgia Taxpayer Protection False Claims Act (also known as the TPFCA or the Georgia False Claims Act) is one of the most unusual state False Claims Acts.... --- - Published: 2021-03-06 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/faq/how-are-medicaid-whistleblower-rewards-paid/ Title XIX of the Social Security Act, 42 U. S. C. §§ 1396, et seq. , establishes the Medicaid program, a federally-assisted grant program for the states. Medicaid enables the states to provide medical assistance and related services to needy individuals. The Centers for Medicare and Medicaid Services (CMS) administers Medicaid on the federal level. Within broad federal rules, however, each state decides who is eligible for Medicaid, the services covered, payment levels for services, and administrative and operational procedures. The Children’s Healthcare Insurance Program (CHIP) is similar to Medicaid and applies to children. If you’ve witnessed Medicaid fraud and are considering becoming a whistleblower, experienced False Claims Act attorneys are your best source of information. Bracker & Marcus presents some basic detail here for your review before your initial case evaluation. Does your state have its own False Claims Act? Because Medicaid is partially funded by the federal government and partially funded by the states, the amount of the relator’s share is dependent in part on whether the state at issue has its own False Claims Act. If it does, then the same analysis applies as with Medicare, except that the federal government determines the relator’s share for the federal portion, and the state government (usually the state’s Medicaid Fraud Control Unit) determines the relator’s share for the state portion. This is often, but not always, the same percentage. Most state False Claims Acts mirror the federal False Claims Act, and the relator’s share provisions are no different. In... --- - Published: 2021-03-05 - Modified: 2022-11-14 - URL: https://www.fcacounsel.com/healthcare-fraud-attorney/how-are-medicare-whistleblower-rewards-paid/ Title XVIII of the Social Security Act, U. S. C. §§ 1395, et seq. , establishes the Health Insurance for the Aged and Disabled Program, known as the Medicare program. Medicare is a federal healthcare program for people who are 65 and older, have certain disabilities, or have end-stage renal disease. Medicare is not the only federally-funded healthcare program. Funds can be recovered under TRICARE, CHAMPVA, the Federal Employee Health Benefits Program (FEHB), Railroad Medicare, VA programs such as TriWest, the Federal Black Lung Program, and others. These insurance plans funded by the federal government also fall under the umbrella of the False Claims Act and are subject to the same payout provisions for whistleblowers. As discussed on our “How are Medicaid whistleblower rewards paid? ” page, funds recovered for the Medicaid and CHIP programs may be paid differently. About 25% of the federal budget of the United States goes to pay for healthcare, most of which goes towards funding the Medicare program. An oft-cited statistic is that fraud accounts for 10% of that considerable amount, and so billions of dollars are lost every year to fraudsters that should be going to the care of our elderly citizens. And so, unsurprisingly, healthcare fraud, and Medicare fraud in particular, makes up the vast majority of False Claims Act cases. In the fiscal year 2019, for example, $2. 6 billion of the about $3 billion recovered by the Department of Justice from False Claims Act settlements and judgments were related to matters... --- - Published: 2021-03-04 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/faq/how-long-does-it-take-to-be-rewarded-for-a-healthcare-fraud-case/ Unfortunately, there is no telling how long a government investigation into healthcare fraud will take. So many variables factor into how long a case might take that it is impossible to predict, even for experienced healthcare fraud attorneys like us. The Ballpark Answer When pressed, we find that a straightforward case may be intervened and settled after approximately 2-3 years, while large or complicated matters may take longer. Of course, if a case is determined to not be viable that may occur in a far shorter period of time. If your reaction is shock and dismay at how long these cases take, let’s discuss further why this is so. The initial seal period is for 60 days, but unless your case has zero merit, the government is certain to seek an extension. Usually, it requests a six-month extension to continue its investigation. It then seeks extension after extension until it is either ready to make a decision or the court decides that it is taking too long (in which case, the decision is likely to be to not intervene in the case). Good Cases Aren’t Open-and-Shut Good cases can often take a very long time to investigate. Mountains of evidence may be produced, all of which needs to be processed and reviewed. Witnesses are interviewed and hostile witnesses are deposed. Statistical analyses are necessary when cases have too many individual instances of fraud to bring to a jury. Even seemingly simple cases can require a file-by-file review to determine which... --- - Published: 2021-03-03 - Modified: 2024-06-25 - URL: https://www.fcacounsel.com/faq/where-can-i-file-a-false-claims-act-case/ Two questions we are frequently asked by prospective whistleblowers are: (1) can I file a False Claims Act case in a state where I don’t reside, and (2) will you be able to represent me if we don’t file in Georgia? The answers to both are yes! We might be best-known as Atlanta whistleblower attorneys, but we represent clients nationwide. Relators Can File a False Claims Act Case Almost Anywhere The False Claims Act gives relators flexibility to file in just about any district with ties to the defendants or the fraud. Under 31 U. S. C. § 3730: “Any may be brought in any judicial district in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, transacts business, or in which any act proscribed by occurred. ” What does that mean? If your defendant is a hospital in Savannah, you can file your case in the Southern District of Georgia because the defendant transacts business there. If your case also has a doctor defendant who commutes from Macon, you could instead file your case in the Middle District of Georgia because one of your defendants resides there. Getting more creative, the False Claims Act also states that jurisdiction can be found in any district in which any proscribed act occurred. The sine qua non of a False Claims Act violation (meaning the essential element) is the submission of a false claim. So, a savvy relator’s counsel may file their qui tam... --- - Published: 2021-03-02 - Modified: 2024-01-25 - URL: https://www.fcacounsel.com/faq/what-evidence-is-needed-to-file-a-false-claims-act-case/ This is a question or concern we hear a lot: can I file a healthcare or government fraud case without any tangible evidence? Yes! This happens quite a lot, actually. Here are key points concerning evidence and FCA cases that you should know: You don’t need a lot of evidence to file a healthcare or government fraud case, but more evidence makes it more likely that the government conducts a thorough and successful investigation. It can also increase your relator’s share if the case settles. You do need a lot of evidence to litigate it if the government declines to intervene because the Court will dismiss your case if you can’t show knowledge or proof of the entire fraudulent scheme. Failure to gather evidence in the right way can result in costly claims and lawsuits against you. It is always better to talk to an attorney before you start collecting evidence so they can advise you on how to stay out of trouble. Many of our clients who witnessed fraud firsthand have no evidence to support it. Often, whistleblowers are surprised to have had their employment terminated as a result of their investigations and complaints. They believe they have discovered a mistake, not fraud, and they present their findings internally with expectations that their superiors will acknowledge and correct the error. Instead, they are unceremoniously escorted out of the building. Needless to say, gathering evidence for a lawsuit is not a consideration until it is too late to do so.... --- - Published: 2021-03-01 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/faq/what-is-qui-tam/ Qui tam is short for a Latin phrase, “Qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which translates as, “He who sues on behalf of the King, as well as for himself. ” Qui tam started in England, where in certain instances, the people were empowered to sue on behalf of the crown and receive a bounty for the recovery. You can essentially do the same today with help from an experienced attorney. All qui tam statutes include two elements: (1) private prosecutors share in the penalty; and (2) private persons can initiate a suit to recover the penalty. In sum, it is a statute or regulation that permits a whistleblower to bring a lawsuit on behalf of the government for a share of the recovery. Qui Tam Statutes: Early History “Statutes providing for actions by a common informer, who himself had no interest whatever in the controversy other than that given by statute, have been in existence for hundreds of years in England, and in this country ever since the foundation of our government. ” Marvin v. Trout, 199 U. S. 212, 225, 26 S. Ct. 31, 34, 50 L. Ed. 157 (1905). Although qui tam statutes are somewhat rare today, the First Congress authorized qui tam suits in at least 10 of the first 14 statutes imposing penalties. Over the next 100 years, subsequent Congresses continued to support this approach to law enforcement, passing new qui tam legislation periodically. Much like sheriffs deputizing... --- - Published: 2021-03-01 - Modified: 2022-03-09 - URL: https://www.fcacounsel.com/faq/ FAQs | Bracker & Marcus LLC Skip to content 770-988-5035 HOMEWHO WE AREJulie K. Bracker, PartnerJason Marcus, PartnerGraham Rusk, AssociateSara T. Ballew, AssociateNathan M. Peak, CounselSheri Lang, Office ManagerWHAT WE DOThe False Claims ActHealthcare Fraud AttorneyGovernment Fraud AttorneyCybersecurity Fraud AttorneyTariffs and Customs Fraud AttorneyPPP Fraud Whistleblower LawyerFinancial Fraud AttorneyOther Types of FraudEducation Fraud AttorneyFederal Grant Fraud AttorneyMortgage Fraud AttorneyWhistleblower Retaliation AttorneyWHY CHOOSE USWhy Choose Us?FCA Case ResultsTestimonialsRESOURCESBlogFAQMediaCONTACT USFREE EVALUATION FAQ Home » FAQ March 1, 2021What is Qui Tam? March 2, 2021What evidence is needed to file a False Claims Act case? March 3, 2021Where can I file a False Claims Act case? March 4, 2021How long does it take to be rewarded for a healthcare fraud case? March 5, 2021How are Medicare whistleblower rewards paid? March 6, 2021How are Medicaid whistleblower rewards paid? March 7, 2021Can I file a state government fraud case under the False Claims Act? March 8, 2021Can Bracker & Marcus LLC handle a state healthcare or state government fraud case anywhere across the country? March 9, 2021How does a government shutdown affect my False Claims Act case? August 6, 2021Who is responsible for FCA lawyer fees? WHISTLEBLOWER ATTORNEYS BRACKER & MARCUS LLC Atlanta 3355 Lenox Rd NE, Ste. 660 Atlanta, GA 30326 Phone: 770-988-5035 Fax: 678-648-5544 Email: info@FCACounsel.com Julie K. Bracker | Partner Jason Marcus | Partner facebook.com/brackermarcus Copyright © Bracker & Marcus LLC - All Rights Reserved The information contained in this website is provided for informational purposes only and should not be construed... --- - Published: 2021-03-01 - Modified: 2024-06-07 - URL: https://www.fcacounsel.com/false-claims-act-attorneys/whistleblower-retaliation/ After a whistleblower reports fraud, their employer may try to punish them. Unfortunately, employer whistleblower retaliation is fairly common, but the attorneys at Bracker & Marcus LLC are well-versed in this aspect of litigation. Recognizing that employers were likely to retaliate against whistleblowers, Congress has included anti-retaliation provisions in most, if not all, whistleblower statutes. Although the provisions are largely the same, there are minor differences among them. Moreover, how the protections are interpreted and applied vary by Circuit. Whistleblower Retaliation & Protection Attorneys Federal and state False Claims Acts (FCA) have provisions that protect employees, contractors, and agents from being discharged, demoted, suspended, threatened, or harassed because of lawful acts done in furtherance of an FCA case or other efforts to stop FCA violations. Let’s break this down beyond the legalese. Who is protected under the FCA? The statute says employees, contractors, and agents. This generally means that the protection only extends to the employer/employee relationship, whether W-2 or 1099. Outsiders, for example, have no protection under the statute. Nor do whistleblowers receive protection from those who were never their employers. For example, if a potential employer refuses to hire you because you are a whistleblower, this provision does not apply. However, if you are fired by a current employer because they found out you blew the whistle on a previous employer, that would be a violation. Additionally, if you are the “associated other” of a whistleblower, such as a spouse or family member, your employer cannot retaliate against... --- - Published: 2021-02-01 - Modified: 2024-08-28 - URL: https://www.fcacounsel.com/mortgage-fraud-attorney/ NOTE: We do not represent individual homeowners in lawsuits against the lenders for mortgage payments. HUD Mortgage Fraud Fraudulent origination and underwriting of government-backed mortgages were a primary cause of the financial crisis of 2008. The federal government insures loans through the Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA) and other government programs. In violation of HUD regulations, banks, brokers, and lenders award sizable mortgages to individuals who do not qualify for them or cannot afford them. They profit from the origination costs and payments, and when the borrower ultimately defaults on a home they cannot afford, their losses are recouped from the federal government. Every one of these defaults and the resulting loan payoffs is a False Claims Act violation because the lender should never have awarded the mortgage in the first instance. Our attorneys represented the whistleblowers in a False Claims Act case against Taylor Bean & Whitaker and Home America Mortgage, a lender and originator, which settled similar charges for more than $320 million. Another type of mortgage fraud occurs when lenders charge hidden, unallowable fees to borrowers under certain programs, such as the Department of Veterans Affairs loan guaranty program. Case Results $320 Million Settlement for Falsifying Data on Borrower Eligibility Taylor Bean & Whitaker Mortgage Corp. & Home America, Inc. (N. D. Ga. ) This $320 million settlement with a mortgage originator and loan processor... Read More Defense Contractor Built Defective Military Products Sesolinc Group (S. D. Ga. ) The Savannah-area... --- - Published: 2021-02-01 - Modified: 2022-02-07 - URL: https://www.fcacounsel.com/federal-grant-fraud-attorney/ Grant and Research Fraud The federal government awards sizable monetary grants to universities and private corporations for research projects. Misuse of these funds, or fraudulent inducement of awards, can form the basis for False Claims Act violations. Common violations include lying on the grant application, using the funds for improper purposes, falsifying results (particularly when those results are then used to obtain additional funding), and using the funds or employees for research projects not included in the grant. The biggest federal grant fraud False Claims Act settlement to date was in March 2019. The government announced a $112. 5 million settlement against Duke University to resolve allegations that it submitted falsified research results to the National Institutes of Health (NIH) to procure tens of millions of federal dollars. The whistleblower was a former research analyst who alleged that high-level university employees knew that a research coordinator was including false data in grant applications but failed to stop the conduct. Case Results $320 Million Settlement for Falsifying Data on Borrower Eligibility Taylor Bean & Whitaker Mortgage Corp. & Home America, Inc. (N. D. Ga. ) This $320 million settlement with a mortgage originator and loan processor... Read More Defense Contractor Built Defective Military Products Sesolinc Group (S. D. Ga. ) The Savannah-area defense contractor was alleged to have built defective products for the U. S. military and VA. The pre-fabricated equipment ... Read More LMC Allegedly Overbilled the Government Lockheed Martin Corporation (S. D. Ohio) A consortium of four relators alleged... --- - Published: 2021-02-01 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/customs-fraud-attorney/ When goods are imported into the country, they are subject to tariffs and/or duties that vary depending on what the goods are and their country of origin. The duties serve many purposes, including protecting our country’s economy and jobs by controlling the flow of goods into and out of the country. For example, companies in countries that exploit their workforces can manufacture and sell goods for far less than the United States. To level the playing field and keep manufacturers in America, the United States may tax those imports, raising their overall costs and keeping pricing closer to that of products made within the country. Improper efforts to avoid or reduce these fees can be a “Reverse False Claims Act” violation. Under these provisions of the False Claims Act, it is unlawful to conceal, avoid, or decrease an obligation to pay money to the government or to make or use false records or statements for that purpose. History of Customs Enforcement It has always been illegal to fail to pay customs duties. Historically, this was enforced by The Tariff Act of 1930, which provides in Section 592 that “no person, by fraud, gross negligence, or negligence... may enter, introduce, or attempt to enter or introduce any merchandise into the commerce of the United States” by means of false documentation. Violations of this provision are punishable by a civil penalty, the amount of which is based on whether the action was fraudulent or negligent and the value of the goods and/or... --- - Published: 2021-02-01 - Modified: 2024-08-28 - URL: https://www.fcacounsel.com/education-fraud-attorney/ NOTE: We do not represent individual students in lawsuits against the programs to recover tuition payments. For-Profit Education Fraud For-profit education fraud and other types of education fraud not only deprive federal programs of much-needed funding but also almost universally harm students. Unlike most other types of False Claims Act cases, education funding often involves loans that the government expects students to pay back over time. If the student fails to receive any real value from the loan, such as better career opportunities, then the for-profit university reaps the benefits while the government and students face the consequences. Victims of predatory student lending suffer crippling debt. For example, in one case brought by thousands of students seeking relief from unpaid federal student loans to attend for-profit colleges, 96% of the 900 students who testified said that their lives were worse off than before they went to the school. Ninety-two percent reported experiencing physical or emotional harm. Most of these students did not receive the education that was promised to them by for-profit institutions. As explained below, for-profit universities routinely engage in improper hard-sell recruiting tactics. They consistently misrepresent what the school will cost, the quality of the education provided, and employment outcomes. The result is that the federal government lends money to students who are not put in a position to pay it back. Federal Funding for For-Profit Education Much of the tuition paid by students at for-profit colleges and universities comes from federal programs, such as Title IV funding,... --- - Published: 2020-12-18 - Modified: 2020-12-18 - URL: https://www.fcacounsel.com/thank-you-two/ Thank you for contacting Bracker And Marcus LLC! We will review your message and be in touch with you shortly. --- - Published: 2020-08-17 - Modified: 2022-02-17 - URL: https://www.fcacounsel.com/government-fraud-attorney/ Types of Defense Contractor Fraud Government contractor fraud is the second-largest contributor to litigation in the False Claims Act arena. Bracker & Marcus LLC dedicates decades of collective experience to representing whistleblowers who expose government contractor fraud. Examples of government contractor fraud date back to the Civil War, when unscrupulous defense contractors sold faulty goods to the Union army. Today, fraud is rampant in defense contracting, especially since defense spending makes up a substantial portion of the government’s annual budget - around $716 billion in the 2019 fiscal year. When contractor fraud occurs, a federal or Georgia state government fraud attorney is your best defense. Bracker & Marcus LLC is nationally-recognized and ready to fight against whistleblower retaliation. Do you suspect government contractor fraud in your workplace? Contact us today, and learn more about the different types of government contractor fraud. Violations of Contract Specifications Government contractors commit fraud when they knowingly violate the government contract specifications and do not disclose the violations to the government. This may be either because the contractor simply fails to meet the contractual requirements or because it is trying to save money. A common example of this is where a contractor uses “nonconforming materials. ” The contract requires them to use a certain type or strength but the manufacturer substitutes a cheaper, weaker material. Another example is where the contractor cuts corners in the manufacturing process that the contract (or federal regulations) requires. “Cross-Charging” and Improper Allocation of Costs “Cross-charging” in a government fraud... --- - Published: 2020-06-12 - Modified: 2020-06-12 - URL: https://www.fcacounsel.com/thank-you-homepage/ Thank you for contacting Bracker And Marcus LLC! We will review your message and be in touch with you shortly. --- - Published: 2020-06-12 - Modified: 2020-06-12 - URL: https://www.fcacounsel.com/thank-you/ Thank you for contacting Bracker And Marcus LLC! We will review your message and be in touch with you shortly. --- - Published: 2020-04-16 - Modified: 2024-06-21 - URL: https://www.fcacounsel.com/contact-false-claims-act-counsel/ False Claims Act Attorneys ATLANTA 3355 Lenox Road Suite 660 Atlanta, GA 30326 Phone: 770-988-5035 Fax: 678-648-5544 Email: info@FCACounsel. com "*" indicates required fields First Name* First Last NameEmail* Phone*State*Select StateAlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU. S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces PacificBrief Description Of Your Situation *Name of defendant(s) if knownHow Did You Hear About Us? Choose from the list belowAttorney ReferralGoogle SearchSocial MediaOnline DirectoryTAFOtherBest Time & Method to Contact YouCAPTCHA /* { mutations. forEach( ( mutation ) => { if ( mutation. type === 'attributes' && visibilityTestDiv. offsetParent ! == null ) { debouncedTriggerPostRender; observer. disconnect; } }); }); observer. observe( document. body, { attributes: true, childList: false, subtree: true, attributeFilter: , }); } else { triggerPostRender; } } );} ); /* ]]> */ --- - Published: 2020-04-16 - Modified: 2020-06-24 - URL: https://www.fcacounsel.com/federal-false-claims-act/ United States False Claims Act (As amended July 21, 2010, P. L. 111-203) 31 U. S. C. § 3729. False claims (a) Liability for certain acts. (1) In general. Subject to paragraph (2), any person who-- (A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim; (C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G); (D) has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of that money or property; (E) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true; (F) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property; or (G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to... --- - Published: 2020-04-16 - Modified: 2021-05-07 - URL: https://www.fcacounsel.com/georgia-false-medicaid-claims-act/ Georgia State False Medicaid Claims Act O. C. G. A. § 49-4-168. Definitions As used in this article, the term: (1) "Claim" includes any request or demand, whether under a contract or otherwise, for money or property, whether or not the Georgia Medicaid program or this state has title to such money or property, which is made to the Georgia Medicaid program, to any officer, employee, fiscal intermediary, grantee, agent, or contractor of the Georgia Medicaid program, or to other persons or entities if it results in payments by the Georgia Medicaid program, if the Georgia Medicaid program provides, has provided, or will provide any portion of the money or property requested or demanded; if the Georgia Medicaid program will reimburse the contractor, grantee, or other recipient for any portion of the money or property requested or demanded; or if the money or property is to be spent or used on behalf of or to advance the Georgia Medicaid program. A claim includes a request or demand made orally, in writing, electronically, or magnetically. Each claim may be treated as a separate claim. (2) "Knowing" and "knowingly" require no proof of specific intent to defraud and mean that a person, with respect to information: (A) Has actual knowledge of the information; (B) Acts in deliberate ignorance of the truth or falsity of the information; or (C) Acts in reckless disregard of the truth or falsity of the information. (3) "Material" means having a natural tendency to influence, or be capable... --- - Published: 2020-04-16 - Modified: 2020-06-24 - URL: https://www.fcacounsel.com/georgia-taxpayer-protection-act/ Georgia Taxpayer Protection False Claims Act O. C. G. A. § 23-3-120. Definitions As used in this article, the term: (1) "Claim" means any request or demand, whether under a contract or otherwise, for money or property, and whether or not this state or a local government has title to such money or property that is: (A) Presented to an officer, employee, or agent of the state or local government; (B) Made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the state's or local government's behalf or to advance a state or local government program or interest, and if the state or local government: (i) Provides or has provided any portion of the money or property requested or demanded; or (ii) Will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded. Such term shall not include requests or demands for money or property that the state or local government has paid to an individual as compensation for state or local government employment or as an income subsidy with no restrictions on that individual's use of the money or property. (2) "Knowing" and "knowingly" mean that a person, with respect to information: (A) Has actual knowledge of the information; (B) Acts in deliberate ignorance of the truth or falsity of the information; or (C) Acts in reckless disregard of the truth or falsity of the information. No proof of... --- - Published: 2020-04-16 - Modified: 2024-01-25 - URL: https://www.fcacounsel.com/false-claims-act-free-evaluation/ Contact us for a free evaluation from a False Claims Act attorney. We represent whistleblowers in qui tam actions nationwide. BRACKER & MARCUS LLC 770. 988. 5035 "*" indicates required fields FacebookThis field is for validation purposes and should be left unchanged. Name** First Name Last Name Email Address** Phone**State**Select StateAlaskaAlabamaArkansasArizonaCaliforniaColoradoConnecticutDistrict of ColumbiaDelawareFloridaGeorgiaHawaiiIowaIdahoIllinoisIndianaKansasKentuckyLouisianaMassachusettsMarylandMaineMichiganMinnesotaMissouriMississippiMontanaNorth CarolinaNorth DakotaNebraskaNew HampshireNew JerseyNew MexicoNevadaNew YorkOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVirginiaVermontWashingtonWisconsinWest VirginiaWyomingAmerican SamoaVirgin Islands of the U. S. GuamNorthern Mariana IslandsPuerto RicoU. S. Minor Outlying IslandsStateBrief Description Of Your Situation**Name of defendant(s) if knownHow did you hear about us? Choose from the list belowAttorney referralGoogle searchSocial MediaOnline DirectoryTAFOtherBest Time and Method To Contact YouCAPTCHA /* { mutations. forEach( ( mutation ) => { if ( mutation. type === 'attributes' && visibilityTestDiv. offsetParent ! == null ) { debouncedTriggerPostRender; observer. disconnect; } }); }); observer. observe( document. body, { attributes: true, childList: false, subtree: true, attributeFilter: , }); } else { triggerPostRender; } } );} ); /* ]]> */ --- - Published: 2020-04-16 - Modified: 2020-06-24 - URL: https://www.fcacounsel.com/bracker-marcus-online-profiles/ Bracker & Marcus LLC online attorney profiles Julie Bracker Super Lawyers Julie Bracker Avvo Julie Bracker Martindale-Hubbell Julie Bracker FindLaw Julie Bracker LinkedIn Julie Bracker TAF Jason Marcus Super Lawyers Jason Marcus Avvo Jason Marcus Martindale-Hubbell Jason Marcus FindLaw Jason Marcus Justia Jason Marcus TAF Jason Marcus Linkedin Jason Marcus Twitter Bracker & Marcus LLC Twitter Bracker & Marcus LLC Facebook --- - Published: 2020-04-16 - Modified: 2020-11-18 - URL: https://www.fcacounsel.com/esi/ JULIE KEETON BRACKER began her electronically stored information (“ESI”) practice before the term was coined, as an associate at Rogers & Hardin, LLP, a mid-sized Atlanta firm with a national practice in securities and in commercial litigation. At R&H, Julie pioneered methodologies for large-scale, company-wide collection, review and production of ESI, leading a team of more than forty attorneys and support staff. In 2006, Julie left Rogers & Hardin to focus her practice exclusively on False Claims Act whistleblower litigation. In this position, she continued to seek opportunities to remain involved in developing the law and practice around ESI. Julie currently serves as a founding member and speaker for the Atlanta chapter of the ESI Roundtable. She is a member of Women in E-Discovery in Atlanta, and recently co-authored, with Carrie R. Fowler, “The Basics of E-discovery and the Rule 26(f) Conference” in the American Journal of Trial Advocacy, Vol. 37, No. 3 (Spring 2014). In 2015, she served as faculty for the Sedona Conference Institute on cooperation and negotiating in e-discovery as the plaintiff's bar representative. Julie consults regularly with plaintiff's attorneys whose practices do not regularly call for the kind of large-scale, ESI discovery that is more common in the FCA "bet the company" litigation that is Bracker & Marcus's bread and butter. She also speaks to in-house groups and defense counsel on the plaintiff perspective for ESI matters. As an Atlanta False Claims Act attorney, Julie welcomes inquiries from those looking for her expertise in this area. --- - Published: 2020-04-15 - Modified: 2025-02-06 - URL: https://www.fcacounsel.com/our-team/jason-marcus/ JASON MARCUS has worked almost exclusively with whistleblowers and the False Claims Act since 2008. He takes great pride in the fact that in every case, he has the honor of working for the "good guys" - whistleblowers who believe that nothing is more important than integrity - and helping the United States dispense justice against cheats and frauds. For as long as he can remember, Jason knew he would be a lawyer (other than a period in the fourth grade when he briefly contemplated dermatology). He graduated from the University of Georgia School of Law, cum laude, as the youngest member of the Class of 2006. While at UGA, in addition to indulging in his love of college football, Jason served as Notes Editor for the school's Journal of Intellectual Property Law and as President of the Sports & Entertainment Law Society. Prior to law school, Jason earned his Bachelor of Arts Degree from Tulane University in just two years, majoring in Political Economics and minoring in English. DOWNLOAD VCARD After law school, Jason served as law clerk for the honorable Magistrate Judge G. R. Smith of the Southern District of Georgia. He served his term at the federal courthouse in Savannah, Georgia, where he gained an invaluable education that can come only from working for a respected federal judge. Jason then returned to metro Atlanta to work for a small practice, gaining experience in the courtroom litigating civil cases, as well as practicing criminal and family law. In... --- - Published: 2020-04-15 - Modified: 2024-01-25 - URL: https://www.fcacounsel.com/our-team/nathan-m-peak/ For most of his legal career, NATHAN PEAK has fought for whistleblowers who face seemingly insurmountable obstacles in exposing corporate fraud against the government. He treats this not as a job or a career, but a mission to help those courageous individuals blow the whistle on fraud and present the truth. While at this point Nate cannot picture himself doing anything else with his law degree, the False Claims Act found him when he was not seeking it. Nate began his legal career with the prestigious Washington, D. C. plaintiff’s firm of Ashcraft & Gerel, where he represented injured workers and accident victims in personal injury cases. Recognizing his talent as a litigator, the firm soon enlisted him to work alongside a former Assistant United States Attorney to develop the firm’s False Claims Act practice group. In 2015, Nate was named a Partner and was promoted to head the firm’s False Claims Act practice. For over a decade, Nate successfully represented whistleblowers under the federal and state False Claims Acts. Somewhat unusually, the firm’s practice specialized in litigating cases after a government declination. This has given him rare and valuable experience litigating declined cases, as well as cooperating with the government to settle such cases, with or without an intervention. As but one example, in 2015 he and his practice group completed a $35 million settlement of a partially intervened case against Columbus Regional Hospital System in the Middle District of Georgia. Nate met Julie and Jason early in their... --- - Published: 2020-04-15 - Modified: 2024-01-25 - URL: https://www.fcacounsel.com/our-team/sheri-lang/ Download VcardCall in to Bracker & Marcus LLC and you likely will have the pleasure of speaking with SHERI LANG, our office manager, paralegal, and office guru. Sheri's resume includes multiple awards for team contributions and customer service, and the reason why will be immediately apparent to any caller. Sheri’s legal experience has focused exclusively on the intricacies of the False Claims Act and working with whistle blowers--she's becoming an expert on filing under seal in any federal district, and her typical work day has her interfacing with multiple US Attorneys' Offices, clients, co-counsel, and people who are in the important process of weighing the pros and cons before becoming a whistleblower themselves. She finds a lot of satisfaction in the opportunity to witness first-hand when the “good guys” prevail over greed and fraud. SHERI LANG began working with both Julie Bracker and Jason Marcus at their prior firm. When they decided to start their own practice, Sheri was thrilled to be asked to join them. Starting the practice from the ground up has been an invaluable experience, a real challenge, and a daily pleasure. Prior to beginning her paralegal career, Sheri had nearly two decades of experience in the hospitality industry, first with Callaway Gardens Resort in Pine Mountain, Georgia before moving to the Alpharetta area to work with Hilton hotels. Sheri is married, with two wonderful children, and lives in East Cobb just a few miles from the Bracker & Marcus offices. In her free time, she loves... --- - Published: 2020-04-15 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/false-claims-act-attorneys/ Representing whistleblowers nationwide The False Claims Act (FCA) empowers whistleblowers to expose fraud against the government by filing qui tam lawsuits, potentially earning 15-30% of recovered funds. However, these cases are complex and require skilled legal representation to succeed. At Bracker & Marcus LLC, we use our deep expertise in FCA litigation to maximize rewards and protect our clients’ rights throughout the process. We’re one of the few firms in the country focusing solely on FCA litigation Bracker & Marcus LLC exclusively represents whistleblowers in False Claims Act (FCA) and qui tam litigation nationwide. Our experienced attorneys personally handle every case, and we’re known for being client-focused, transparent, and committed to protecting whistleblowers from retaliation. We achieve twice the national average in government interventions and successfully litigate declined cases. Our firm is nationally recognized for its leadership in FCA litigation, frequently advising other attorneys and lecturing at whistleblower law seminars. Working on a contingency basis, we cover all legal costs upfront, ensuring whistleblowers can pursue justice without financial risk. Related article: From Phoenix, Arizona all the way to Tacoma: Bracker & Marcus is settling False Claims Act cases nationwide Successful whistleblower cases: Holding fraudsters accountable B&H Health Care Services Inc. - $24 million Three New York-based home care agencies paid $23,963,100 to settle allegations that they employed untrained home health aides who provided unqualified medical care to vulnerable patients. The agencies billed Medicaid for millions in services that aides were not certified to perform. Taylor Bean & Whitaker Mortgage Corp.... --- - Published: 2020-04-15 - Modified: 2024-06-21 - URL: https://www.fcacounsel.com/why-choose-us/ A law firm dedicated to representing whistleblowers in False Claims Act and other qui tam litigation nationwide If you found our site by doing an internet search, no doubt you saw that there are thousands of attorneys who claim to be able to handle your False Claims Act case. So what makes Bracker & Marcus LLC stand out among qui tam lawyers? We Exclusively Represent Whistleblowers in False Claims Act and other qui tam litigation. False Claims Act litigation is an extremely specialized and constantly changing area of the law, with millions of dollars at stake. We are one of a handful of firms in the country who spend all of our professional time and billable hours better understanding the ever-shifting world of whistleblower law. That makes a huge difference in how we understand and care for you and your case. We are committed to giving you the best possible counsel. When you are represented by Bracker & Marcus LLC, you will always be working with an experienced False Claims Act lawyer. There’s no bait-and-switch like at other firms, where you meet with the named partner, and then your case is handed off to a young associate. In fact, we don’t even employ any inexperienced associates; all of our lawyers are veterans in the qui tam arena and have chaired qui tam practices in their careers. We get results. Fewer than 25% of filed False Claims Act cases are intervened by the Government, which results in successful prosecutions about 95%... --- - Published: 2020-04-15 - Modified: 2024-01-25 - URL: https://www.fcacounsel.com/whistleblower-testimonials/ Whistleblower Clients “Bracker and Marcus LLC made me feel safe when the world was closing in around me. Their expertise in the industry, devotion towards their clients and pride in what they do, make them 5 stars all the way around. ” “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. ” “I started down this path because my patients wanted to be heard and needed a voice. Alone I was not much help, but with support from Jason and Julie, we made those voices heard. ” “Jason and Julie handled a federal Medicaid fraud case for me and then a retaliation case. They were nothing but helpful and informative all through the process. Jason would keep me updated on any progress in the case and answered countless questions that I had with patience and calm. Though I hope I never have need of their services again I am so grateful they were there when I needed help. ” “Bracker & Marcus do an excellent job of using their experience and knowledge to listen to their clients and truly evaluate all aspects of the case to present a straightforward opinion on the issue being brought forward. They also have an obvious personal interest in... --- - Published: 2020-04-15 - Modified: 2020-06-24 - URL: https://www.fcacounsel.com/resources-for-whistleblowers/ Need More Information about the False Claims Act? Some resources for individuals interested in the False Claims Act, IRS whistleblowers, and whistleblower retaliation. The Federal False Claims Act Statute The Georgia State False Medicaid Claims Act Statute The Georgia Taxpayer Protection False Claims Act The IRS Whistleblower Regulations Taxpayers Against Fraud Education Fund National Employment Lawyers Association --- - Published: 2020-04-15 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/our-team/julie-k-bracker/ DOWNLOAD VCARDWith nearly a twenty years of focusing exclusively on False Claims Act litigation, JULIE KEETON BRACKER knows that her passion–and her mission–is to protect people who are willing to stand up and expose the truth. And if she can bring down those who profit from corruption along the way, all the better. Julie fell in love at first sight with the False Claims Act. Unfortunately, her first sight was across the Bar– from the defense side! After wrapping up her first and only case as a lawyer for an FCA defendant, Julie upended her practice to switch sides–or, as she says, to don a white hat and fight for the good guys. For the next eight years, she worked exclusively in an FCA boutique firm, where she was named partner after only two years and closed more than 30 cases, bringing more than 80 million dollars back to the taxpayers. In 2015, Julie and Jason Marcus opened Bracker & Marcus LLC and set out to “do well by doing good. ” Their partnership is the foundation for a team of attorneys with the same mission. Over the last decade, the firm has expanded to a nationwide scope, and consults regularly with attorneys across the country to evaluate FCA claims and strategize about the best means of protecting their heroes, the whistleblowers. Julie served on the Board of the Georgia Chapter of the National Employment Lawyer’s Association (NELA) and had the honor of serving as its President in 2014. She... --- --- ## Posts - Published: 2025-11-13 - Modified: 2025-12-23 - URL: http://www.fcacounsel.com/blog/first-ppp-fca-judgment-realtor-win/ - Categories: FCA Settlements If your law firm is going to have a blog, then the blog has to announce the wins—and it just so happens that we’re winning a heck of a lot recently. Look out for some non-PPP settlement blogs coming soon! Bracker & Marcus Successfully Litigates a PPP Case to Judgment First, we are pleased to announce that we obtained a judgment in a PPP matter of $361,297. 74. To our knowledge, this is the first successfully litigated—rather than settled—PPP-based False Claims Act case brought by a relator. The case is captioned United States ex rel. Collins v. Robertson, 1:22-CV-022634 (N. D. Ga. ). The judgment is being appealed to the Eleventh Circuit, so we hesitate to say more at this time, but congratulations to our whole team for its work on that matter. It is rare to obtain a judgment in a False Claims Act case. Millions in PPP Settlements with Domestic Companies with a Large Foreign Parent Like our recent settlement out of Mississippi, our relator Blockquote again has successfully brought three more cases alleging “foreign affiliation,” where a small domestic company failed to include the employees of its foreign parent company when determining whether it was a small business eligible for PPP funds. First, the Eastern District of Tennessee settled claims that an industrial tooling company was ineligible for an $844K Second Draw loan. The settlement of more than $1. 4 million constitutes 1. 6 times the total loan forgiveness. Our congratulations and appreciation to Assistant United States... --- - Published: 2025-10-28 - Modified: 2025-11-13 - URL: https://www.fcacounsel.com/blog/whistleblower-process/ - Categories: Whistleblower Blog & News The whistleblower process empowers individuals with inside knowledge of government fraud to come forward and take action. Filing a qui tam lawsuit under the False Claims Act (FCA), individuals can help the government recover taxpayer money that was lost to fraud in areas like public health and federal programs. When a case succeeds, the whistleblower may also receive a portion of the recovered funds as a financial award. Taking this step can feel overwhelming, especially when you are up against an employer or large organization. You do not have to navigate the process alone. Bracker & Marcus supports whistleblowers from the very first conversation and helps guide them through each requirement of the FCA. An experienced qui tam whistleblower attorney can help protect your rights and stand with you every step of the way. Qui tam lawsuits: Who is involved People who speak up about fraud play an important part in these cases, and the law recognizes that role. The relator is the whistleblower who comes forward with information about fraud. They work with an attorney to explain how government money was misused and to provide any evidence they have access to. While the whistleblower starts the lawsuit, the United States is considered the plaintiff because it experienced the financial harm. The case is filed in the government’s name, and federal authorities may decide to take over if the claims are strong and pursuing them benefits the public. Whistleblowers usually keep their own qui tam lawyer throughout the case. Their... --- - Published: 2025-08-12 - Modified: 2025-08-12 - URL: http://www.fcacounsel.com/blog/record-breaking-healthcare-fraud-takedown/ - Categories: Healthcare Fraud Blog The Department of Justice's latest healthcare fraud enforcement action reads like an action movie, but the $14. 6 billion in alleged fraud represents a real threat to our healthcare system and taxpayers. This unprecedented takedown, announced earlier this year, charged 324 defendants across the country and revealed something particularly troubling: the growing sophistication of transnational organized crime (TOC) syndicates targeting American healthcare programs. Having spent over two decades in law enforcement and serving on FBI Atlanta’s TOC squad before becoming a whistleblower attorney, I've witnessed firsthand how these networks operate. What strikes me most about this latest enforcement action isn't just its scale, but how it illustrates the evolution of healthcare fraud from opportunistic schemes to highly organized international operations. A New Player in Healthcare Fraud One of the highlights of this press release, Operation Gold Rush, demonstrates just how sophisticated these criminal enterprises have become. A network of foreign operators used encrypted messaging and assumed identities to direct a $10. 6 billion Medicare fraud scheme from overseas. They strategically purchased dozens of medical supply companies across the United States, using foreign straw owners, some specifically sent to the U. S. for this purpose, to maintain the facade of legitimate American business. The scope is impressive, as over one million Americans had their identities stolen across all 50 states to submit fraudulent claims for durable medical equipment. The criminals exploited not just our healthcare system, but our financial infrastructure, laundering proceeds through cryptocurrency and shell companies abroad. This wasn't a... --- - Published: 2025-08-04 - Modified: 2025-08-19 - URL: http://www.fcacounsel.com/blog/recent-settlements-doj-commitment-to-fca-customs-fraud-enforcement/ - Categories: False Claims Act Blog Consistent with the Department of Justice’s (DOJ) recent dedication to prioritizing enforcement against fraudsters who are evading customs duties and tariffs, the DOJ announced two customs fraud settlements this month. DOJ Prioritizing Customs Fraud Enforcement Given the Trump administration’s recent use of tariffs in its trade policy, it is no surprise that robust customs fraud enforcement is necessary to combat schemes to avoid these tariffs. During his remarks at the Federal Bar Association’s Qui Tam Conference on February 20, 2025, the now former Deputy Assistant Attorney General Michael Granston identified customs fraud and tariff evasion as an area subject to False Claims Act (FCA) enforcement. Likewise, in a May 12, 2025 memorandum, the DOJ Criminal Division announced that it would prioritize investigating and prosecuting trade and customs fraud, including tariff evasion. Additionally, trade, tariff, and customs fraud by corporations were added to the subject areas in which the DOJ is interested in receiving tips for its Corporate Whistleblower Awards Pilot Program. Recent Customs Fraud Settlements Two recent settlements prove that companies who evade customs duties will be targets of DOJ enforcement. On July 23, 2025, DOJ announced a settlement where companies avoided paying duties owed to the U. S. Customs and Border Protection Agency (CBP) by failing to declare the correct country of origin and correct value of products. Global Plastics LLC and Marco Polo International LLC agreed to pay $6. 8 million for their failure to pay customs duties on certain plastic resin imported from China. This settlement was... --- - Published: 2025-06-30 - Modified: 2025-09-17 - URL: http://www.fcacounsel.com/blog/ppp-settlements-false-claims-act-june-2025/ - Categories: False Claims Act Blog, FCA Settlements As we enter the dog days of summer, we have two more False Claims Act settlements to announce involving PPP loans, totaling nearly $4. 5 million. One is with an automotive parts manufacturer, and the other is with a chain of roofing companies. $1. 8 Million PPP Settlement Against Company with a Large Corporate Parent First, in the Northern District of Mississippi, our client Blockquote Inc. successfully brought an action alleging a violation of the “foreign affiliation” rules. The defendant was owned by a foreign conglomerate that employed thousands of people. Although the Mississippi factory employed fewer than 300 employees, which was the limit for Second Draw eligibility, it should have included the parent company’s employees. Blockquote has previously found success with this theory, including the two settlements from our previous PPP blog. It has now recovered more than $7. 7 million in PPP funds. This investigation was led and resolved by Assistant United States Attorney Harland Webster. The defendant settled its claim for more than $1. 8 million in payments. $2. 65 Million PPP Settlement Against Roofing Company with Multiple Affiliated Entities Second, a new data miner called K3 Analytics, LLC filed a False Claims Act lawsuit in the Eastern District of North Carolina against a roofing company. This time, the defendant as alleged to have violated the “domestic affiliation” rules, meaning that it should have added up all the employees from all of its different affiliates when determining its eligibility. Collectively, they exceeded the 500 employee limit for... --- - Published: 2025-05-19 - Modified: 2025-07-25 - URL: http://www.fcacounsel.com/blog/genexe-false-claims-act-allegations-settlement/ - Categories: False Claims Act Blog, FCA Settlements Bracker & Marcus’s parade of settlements continues with some long-awaited news out of the Eastern District of Pennsylvania. (And for those of you playing Steve Miller band bingo, that officially makes settlements out of Phoenix, Tacoma, Philadelphia, and Atlanta. Fingers crossed for L. A. by the end of the year! ) Genetic Testing Must Be Ordered by a Treating Physician to Qualify for Medicare Nearly two years ago, we blogged about genetic testing scams being one of the priorities of the Department of Justice. Marketers, often without healthcare backgrounds, were setting up tables at grocery stores, farmer’s markets, churches, you name it and convincing passersby to swab their cheeks and be tested for a genetic predisposition for cancer. Medicare in particular paid billions of dollars for these tests, which were not considered medically necessary when the patients had no telltale signs of cancer and the results were not used for their treatment. Today, we are pleased to announce our involvement in a $6 million settlement with one of those marketing companies, called Genexe. We filed our case back in July 2020, and our client was actually the fourth relator to bring these allegations; the first filed in August 2019. So it took nearly six years to resolve the claims. According to the Government’s settlement, Genexe publicly described itself as “a one-stop shop” for genetic and pharmacogenetic profiling, and marketed itself as “involved in every aspect of the patient screening process, from the collection of samples to laboratory processing. ” We... --- - Published: 2025-03-24 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/false-claims-settlements-from-a-new-batch-of-data-miners/ - Categories: False Claims Act Blog, FCA Settlements In our last update, we promised you more False Claims Act settlements, so we are back to bring you just that! The first is a healthcare case, and the second and third are, you guessed it, are more PPP cases. $150,000 for Renting Out a Healthcare Provider’s Billing Number Our next settlement comes out of our home office in Atlanta. In this case, a local physician paid $150,000 to settle claims that he had billed, or caused to be billed, Georgia Medicaid for services he had not provided. In sum, it was alleged that this provider had been paid by a local counseling center to let it use his provider number to bill for certain psychiatric services. This case was not brought by an insider, but rather by an individual who mined the Medicare data looking for outliers. In this instance, he found that this particular provider had billed an “impossible” number of claims, meaning that if he had actually performed the services, he would have had to have worked non-stop for an excessive number of hours every day of the year. This was possible to calculate because the codes being billed were time-based rather than a flat fee for a service. For example, our relator determined that to bill even a single one of the codes at issue, which required a minimum of 16 minutes of treatment, the provider would have to work a minimum of 11. 9 hours per day for 365 days. Adding other codes brought that... --- - Published: 2025-03-03 - Modified: 2025-07-25 - URL: http://www.fcacounsel.com/blog/bracker-and-marcus-settling-false-claim-act-cases-nationwide/ - Categories: False Claims Act Blog, FCA Settlements Well, I've been lookin' real hard And I'm tryin' to fight the frauds But it just keeps gettin' tougher every day But I got to do my part 'Cause I know in my heart I’m a False Claims Act lawyer, baby, yeah Much like the Steve Miller Band, we have been rock’n here at Bracker & Marcus. Julie and Jason were again named to the Georgia Super Lawyers list. And we added another lawyer / former GBI agent to help us out. In addition to our usual healthcare fraud and procurement cases, our cyberfraud and PPP practices are two of the most prolific in the nation, and we are starting to see results. Here are some of our recent False Claims Act settlements: A $13. 5 Million Settlement for Ordering Medically Unnecessary Power Wheelchairs First, in Arizona, power wheelchair company Numotion agreed to pay $13. 5 million to resolve allegations that certain of the company’s salesmen (known as Assistive Technology Professionals) were “scribing” orders for wheelchairs and wheelchair accessories. The problem with this practice is that only medical providers actually ordering the wheelchairs for the patients should be writing the orders for those wheelchairs. Otherwise, ATPs (who usually work on commission) have incentive to order power wheelchairs more advanced (and more expensive) than what the patient actually needs, with all the bells and whistles to boot. Moreover, sometimes the patients actually receive less than what they needed, since certain upgrades could prevent the patients from being able to use the... --- - Published: 2025-02-11 - Modified: 2025-02-11 - URL: http://www.fcacounsel.com/blog/attorney-general-pam-bondi-pledges-to-defend-the-constitutionality-of-the-false-claims-act/ - Categories: False Claims Act Blog Amid recent constitutional challenges to the False Claims Act, recently sworn-in U. S. Attorney General Pam Bondi promised to support whistleblowers during her January 15, 2025 confirmation hearing. Bondi’s confirmation hearing Senator Chuck Grassley, a longtime supporter of whistleblowers and the False Claims Act, questioned Bondi during her confirmation hearing about whether she believes the False Claims Act is constitutional and if she would commit to the Department of Justice’s defense of its constitutionality. Senator Grassley noted the important role “patriotic” whistleblowers have played in the government’s recovery of more than $78 billion since 1986. Bondi confirmed that she “would defend the constitutionality of course of the False Claims Act. ” She also assured that she would maintain the Department of Justice’s staff and funding levels to support and prosecute False Claims Act cases. The constitutional debate over qui tam provisions Bondi’s stated support of whistleblowers is reassuring, considering the recent debate on the constitutionality of the False Claims Act that was ignited by a dissent authored by Justice Clarence Thomas. The qui tam provisions of the False Claims Act allow private individuals to file lawsuits on behalf of the government as whistleblowers against those who have defrauded the government. On June 16, 2023, in United States ex rel. Polansky v. Exec. Health Res. , Inc. , 599 U. S. 419 (2023), the United States Supreme Court held that the government may dismiss a qui tam case litigated by a relator even after it has declined to intervene in the... --- - Published: 2024-10-30 - Modified: 2024-11-13 - URL: http://www.fcacounsel.com/blog/cybersecurity-fraud-cases-bracker-marcus-recent-developments/ - Categories: Cyber Security It was a big week for Bracker & Marcus LLC’s cyberfraud cases, with a motion to dismiss filed in one case and a $1. 25 million settlement in another. Georgia Tech Case On October 21, 2024, Georgia Tech filed a motion to dismiss United States ex rel. Craig v. Georgia Tech Research Corp. , et al, the first complaint-in-intervention filed by the United States in a cybersecurity False Claims Act case. Bracker & Marcus LLC initiated the qui tam case on July 8, 2022, and the United States filed its complaint-in-intervention on August 22, 2024. The case alleges that Georgia Tech violated cybersecurity requirements specified by National Institute of Standards and Technology (“NIST”) Special Publication (“SP”) 800-171, including failing to install, update or run antivirus or anti-malware; submitting false cybersecurity assessment scores; and failing to develop and implement a system security plan (SSP). Penn State Case We also have exciting news about the settlement of a cybersecurity fraud case we filed before the Georgia Tech case. On October 5, 2022, we filed United States ex rel. Decker v. Penn State University, and the seal was lifted on October 2, 2023. The Parties agreed to allow a magistrate judge to preside over the case while the government continued its investigation. DOJ Announces Settlement On October 22, 2024, the Department of Justice (DOJ) announced the settlement of a pioneer cybersecurity fraud False Claims Act case for $1. 25 million. As one of the first cyber-fraud whistleblowers, Matthew Decker, former chief information officer... --- - Published: 2024-10-16 - Modified: 2024-10-21 - URL: http://www.fcacounsel.com/blog/anti-fraud-coalition-annual-conference-2024/ - Categories: Bracker & Marcus Firm News & Updates The Anti-Fraud Coalition’s 24th Annual Conference was held on September 25 to 27, 2024 in Washington, DC. TAF Coalition Conference brings together attorneys who are dedicated to supporting whistleblowers to discuss recent developments under the False Claims Act (FCA) and other whistleblower laws. 2024 John Phillips Leadership Award: Jeb White During the conference, TAF Coalition’s previous President & CEO, Jeb White was awarded the 2024 John Phillips Leadership Award, an award named after the organization’s founder that recognizes leadership and commitment to TAF. “Honest Abe” Integrity in Government Award: Dan Fruchter The 2024 “Honest Abe” Integrity in Government Award, which recognizes dedication to public service and commitment to False Claims Act enforcement was bestowed to Dan Fruchter, the Chief of the Fraud & White Collar Crime Unit for the United States Attorney’s Office for the Eastern District of Washington. 2024 Lawyers of the Year Award Attorneys from Berger Montague and Reese Marketos were awarded the Lawyers of the Year Award for their work on two notable cases: United States ex rel. Penelow v. Janssen Products, LP: Resulted in a $150 million jury verdict for illegal off-label marketing of HIV/AIDS treatment drugs. United States ex rel. Silver v. Omnicare, Inc. , PharMerica Corp. , et al. : Resulted in a $100 million settlement for allegations of below-cost drug pricing practices. 2024 Whistleblower of the Year Award: Dr. Ray Edler Finally, the 2024 Whistleblower of the Year was awarded to Dr. Ray Edler who filed an FCA case alleging pervasive EMS training... --- - Published: 2024-09-18 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/fbi-warns-of-escalation-in-iran-based-ransomware-attacks/ - Categories: Cyber Security On August 28, 2024, the FBI, CISA, and the Department of Defense Cyber Crime Center (DC3) issued a joint Cybersecurity Advisory (CSA) to alert U. S. organizations about Iranian-sponsored cyber actors exploiting vulnerabilities to gain network access, which they sell to ransomware affiliates. The FBI warned that the group's primary objective is to gain full domain control, including administrative credentials, which are sold on cyber marketplaces to ransomware affiliates. The FBI has observed these actors collaborating with ransomware groups to lock down victim networks and devise strategies for extorting victims, often receiving a portion of the ransom payments. Contact one of our Cybersecurity Fraud Attorneys today to navigate you through the process and help you with your case. Understanding the Threat Actors Since 2017, these cyber actors have conducted numerous intrusion and exploitation attacks, targeting U. S. and international schools, municipal governments, financial institutions, and healthcare facilities. One of their primary objectives is to steal sensitive information from countries and organizations aligned with Iran's state interests, including targets in Israel, Azerbaijan, the UAE, and the U. S. defense sector. This activity has led the FBI to conclude that the group is likely linked to the Iranian government, though the FBI does not believe Iran officially sanctions their ransomware activities. The group is known by various names in the private sector, including "Pioneer Kitten," "Fox Kitten," and "Lemon Sandstorm. ” It refers to itself as “Br0k3r” and “xplfinder” in online channels. It also uses the name of the Iranian company Danesh... --- - Published: 2024-07-18 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/department-of-defense-cybersecurity-compliance-requirements/ - Categories: Cyber Security My name is Leslie Weinstein, and I am a rising third-year, part-time law school student at the University of Baltimore School of Law. I am also a full-time professional with more than 18 years of experience in cyber, intelligence, and policy analysis across the federal government. This blog is the second in a series focused on the Department of Justice’s Civil Cyber Fraud Initiative and its relationship with the False Claims Act. Through this blog series, I look forward to sharing insights from my professional journey and the impactful work being done at Bracker and Marcus. Read part one here: Inside the DOJ’s Civil Cyber-Fraud Initiative Civil Cyber-Fraud Initiative and the False Claims Act As a quick recap, leveraging the False Claims Act (FCA), the Department of Justice’s Civil Cyber-Fraud Initiative seeks to identify, pursue and deter cyber vulnerabilities and incidents that arise when companies fail to meet federal cybersecurity requirements stipulated in their contracts or grants. Government contractors can violate the FCA by failing to adhere to cybersecurity terms, misrepresenting security controls and practices, or failing to report suspected breaches in a timely manner. Through this initiative, the government seeks to ensure robust cybersecurity measures are in place to protect vital federal information and systems. The Department of Defense (DoD) implements cybersecurity requirements for their contractors and subcontractors through contract clauses. Defense Federal Acquisition Regulation Supplement (DFARS) The Code of Federal Regulations (CFR) Title 48 governs the federal acquisition process by which agencies procure goods and services. Chapter 2,... --- - Published: 2024-07-12 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/doj-civil-cyber-fraud-initiative/ - Categories: Cyber Security This blog is the first in a series of blogs about the Department of Justice’s Civil Cyber Fraud Initiative. Through this blog series, I look forward to sharing insights from my professional journey and the impactful work at Bracker and Marcus. I am Leslie Weinstein, a rising third-year, part-time law school student at the University of Baltimore School of Law. I am also a full-time professional with over 18 years of experience in cyber, intelligence, and policy analysis across the federal government. I have served the U. S. government as a federal civilian and Soldier. I’ve also supported the government as a government contractor and as a cybersecurity consultant for contractors. I am an extern with Bracker and Marcus LLC, and I am thrilled to contribute to the firm’s library of resources as a guest blogger. I sought out an externship with Julie Bracker specifically to deepen my understanding of the False Claims Act (FCA) and to contribute to the firm's mission of championing justice and integrity. False Claims Act (FCA) The Department of Justice’s (DOJ’s) CCFI leverages the False Claims Act (FCA) to hold federal contractors accountable when they knowingly jeopardize sensitive government information and critical government information systems. The False Claims Act, codified at 31 U. S. C. §§ 3729-3733, was enacted by Congress in 1863 in response to widespread fraud by defense contractors during the American Civil War. The FCA imposes penalties and triple damages on those who knowingly submit false claims for payment or who fail... --- - Published: 2024-05-23 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/new-doj-whistleblower-program/ - Categories: Whistleblower Blog & News The new initiative will begin later this year A newly created whistleblower program run by the Department of Justice offers an additional opportunity for whistleblowers to report corporate misconduct by “fill gaps” in coverage left by other agency-led programs from the SEC and CFTC. At the American Bar Association’s 39th National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco announced the launch of a Department of Justice-run whistleblower program that incentivizes whistleblowers to bring tips about corporate fraud and other white-collar crime. Keep reading for more from our whistleblower retaliation and protection lawyers. If you have questions about the new program or believe you may have something to report, give us a call at (770) 988-5035. The need for a new program Agency-led programs at the SEC and CFTC “paid out many hundreds of millions of dollars and disgorged billions in ill-gotten gains from corporate bad actors” due to tips from whistleblowers. However, because the agencies with whistleblower programs are limited to investigating misconduct within their jurisdiction, DAG Monaco compared agency whistleblower programs to “a patchwork quilt that doesn’t cover the whole bed. ” Similarly, although the False Claims Act allows qui tam relators to file cases reporting financial fraud, relators may only file cases and recover under the FCA when the financial fraud is perpetrated against the government – leaving corporate and financial fraud without redress. The new DOJ-run whistleblower rewards program seeks to remedy these gaps in enforcement. Other Corporate and Financial Fraud Whistleblower Programs Financial... --- - Published: 2024-05-10 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/julie-bracker-and-jason-marcus-to-speak-at-american-bar-association-conference-2024/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog On June 4 and 5, 2024, the American Bar Association will host a virtual conference on the Civil False Claims Act. Partners Julie Bracker and Jason Marcus have each been asked to serve as faculty on two important topics. The Civil False Claims Act conference will bring together government attorneys, defense counsel, and the relator’s bar to discuss False Claims Act litigation trends and developments. The conference is designed for those new to the FCA and those practicing for decades. Topics covered include applying the most recent Supreme Court precedents, mediation, litigation, and trial strategy. Healthcare fraud, cyber-fraud, and pandemic relief will be explored. There will also be a Qui Tam 101 panel for new practitioners. Julie’s panel at the ABA False Claims Act conference Julie will be moderating a panel called “The Civil Cyber Fraud Initiative: Practitioners in This High Priority Area Discuss Their Bird's Eye View of What's Happening. ” This is a hot topic because, since the announcement of the Civil Cyber Fraud Initiative in October 2021, the False Claims Act is increasingly being used to enforce cybersecurity requirements for government contractors, especially the Defense Industrial Base. This panel will discuss the goals of DOJ's Civil Cyber-Fraud Initiative, public litigations and settlements to date, theories of liability and damages, the role of qui tam relators, and DOJ incentives for corporate disclosure, remediation, and cooperation. Julie will be joined by Kim Friday, Trial Attorney for the Civil Division of the Commercial Litigation Branch (Fraud Section) for the Department... --- - Published: 2024-05-06 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/eleventh-amendment-immunity/ - Categories: False Claims Act Blog The longstanding clash between the False Claims Act and the Eleventh Amendment came to a head again recently in Monroe v. Fort Valley State Univ. , et al. , 2024 U. S. App. LEXIS 3612 (11th Cir. February 15, 2024, the Eleventh Circuit ruled that states and state agencies are immune from whistleblower retaliation suits under the False Claims Act. In its February 15, 2024 decision in Monroe v. Fort Valley State Univ. , the Eleventh Circuit Court of Appeals held that Eleventh Amendment immunity applies to suits against states brought under the retaliation provisions of the False Claims Act. Can a relator sue a state under the FCA? A relator may not sue states or state agencies under the False Claims Act as a private individual. The Supreme Court of the United States answered this question in Vermont Agency of Nat. Res. v. United States ex rel. Stevens, 529 U. S. 765 (2000) when it held that a relator, or qui tam whistleblower, may not bring a case in federal court against a state (or state agency) under the FCA. The Supreme Court reasoned that the FCA requires the suit to be brought against a “person. ” Because a state or state agency is not a “person,” relators may not bring FCA cases against states. The Supreme Court did not need to decide the case based on whether the Eleventh Amendment sovereign immunity protected states from FCA cases. But the Supreme Court opinion left open the question of whether... --- - Published: 2024-04-09 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/midwest-federal-district-courts/ - Categories: False Claims Act Blog Qui tam cases filed under the Federal False Claims Act are filed in federal district courts and investigated by United States Attorney’s Offices in the districts. Our associate Sara Ballew is based in Kansas City, Missouri, so she has firsthand experience with federal courts in Midwest states. Here is more information about the federal district courts in the Midwest. Illinois Illinois has three federal district courts, U. S. District Courts of the Central, Northern, and Southern District of Illinois. The Central District of Illinois has Peoria, Urbana, Springfield, and Rock Island locations. The Southern District of Illinois has court locations in Benton and East St. Louis. The United States District Court for the Northern District of Illinois has court locations in Chicago and Rockford. The U. S. Attorney’s Office for the Northern District of Illinois announced a settlement that resolved a qui tam case that alleged an unbundling scheme where doctors performed multiple mole removal procedures on patients on a single date but submitted claims as though the procedures were on multiple dates. Indiana Indiana has two district courts, the Northern and Southern districts of Indiana. The United States District Court for the Northern District of Indiana has court locations in Fort Wayne, Hammond, Lafayette, and South Bend. The Southern District of Indiana has court locations in Indianapolis, Terre Haute, Evansville, and New Albany. In December 2023, the Southern District of Indiana announced a $345 million settlement to resolve allegations of Stark Law violations where physicians were recruited for referrals... --- - Published: 2024-04-03 - Modified: 2024-04-03 - URL: http://www.fcacounsel.com/blog/doj-announces-false-claims-act-settlements-exceeded-2-billion-in-2023/ - Categories: False Claims Act Blog, Whistleblower Blog & News On February 22, 2024, the Department of Justice announced that settlements and judgments under the False Claims Act exceeded $2. 83 billion for the fiscal year ending September 30, 2023. These 543 settlements and judgments marked a record-breaking number of settlements and judgments in a single year. The announcement highlighted the importance of cases filed by whistleblowers in exposing fraud. In the fiscal year 2023, whistleblowers filed 712 qui tam lawsuits. Of the $2. 68 billion in reported settlements and judgments, the government recovered more than $2. 3 billion from cases filed by whistleblowers. Whistleblowers who exposed fraud by filing qui tam cases were paid more than $349 million by the government. The settlements and judgments related to fraud in various areas including health care, procurement, pandemic-related fraud, and cyber-fraud. Healthcare Fraud Fraud in the healthcare industry continues to be the main source of recovery in False Claims Act cases. The government recovered more than $1. 8 billion related to fraud in health care including fraud in the Medicare Advantage program, billing for unnecessary services, providing substandard care, exacerbating the opioid epidemic, and unlawful kickbacks. For example, The Cigna Group agreed to pay $172 million and Martin’s Point Health Care Inc. agreed to pay $22. 5 million to resolve allegations that they knowingly submitted inaccurate diagnosis codes for Medicare Advantage enrollees to increase payments from Medicare. Cornerstone Hospital Medical Center and other entities agreed to pay $21. 6 million to resolve allegations that it knowingly submitted claims for services performed... --- - Published: 2024-04-01 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/bracker-and-marcus-score-another-settlement-against-docklight/ - Categories: False Claims Act Blog, FCA Settlements Bracker & Marcus Scores Second PPP Settlement, This Time Against Marijuana Marketing Company Docklight Brands Since early 2022, our firm has thirteen intervened False Claims Act settlements, resulting in recoveries of more than $37 million for the federal and state governments and American taxpayers. To be honest, writing these FCA settlement announcements every few months is starting to Drive Me Crazy. I’m A Slave 4 these blog posts. So I thought I’d try something a little different, and hopefully more interesting to the reader, featuring the music of Britney Spears. Baby One More Time On the heels of our $9 million Paycheck Protection Program settlement, we are pleased to announce another PPP settlement of a False Claims Act case brought by our client Sidesolve LLC. Defendant Docklight Brands, Inc. has agreed to settle the FCA allegations for $989,438. Our client will receive a 15% relator’s share for investigating and bringing this matter to the Government’s attention. Criminal In this case, filed in the Western District of Washington, Sidesolve alleged that the Seattle-based company Docklight Brands, Inc. was not eligible for PPP funds because it was a “Marijuana-Related Business. ” The PPP eligibility requirements, and the application itself, required loan recipients to certify that “The Applicant is not engaged in any activity that is illegal under federal, state or local law. ” This, according to guidance from the SBA, included businesses that profited from the sale of marijuana, even in states where the sale of recreational marijuana was legal since it... --- - Published: 2024-02-29 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/false-claims-act-case-for-14-3-million/ - Categories: False Claims Act Blog, FCA Settlements Covered conduct includes billing for unnecessary respiratory pathogen panels with routine COVID tests Bracker & Marcus LLC is excited to announce that the United States has intervened and settled one of its False Claims Act cases for more than $14. 3 million. The defendants—Capstone Diagnostics, LLC d/b/a Capstone Healthcare, and its owner and CEO Drew Maloney—are settling allegations that they billed the federal government and state Medicaid programs for medically unnecessary testing and violations of the Anti-Kickback Statute. Our client, a former employee of Capstone, will receive a 20% relator’s share from the False Claims Act settlement. Few whistleblowers have been more deserving. He has requested that we limit publicizing his identity so that we won’t give details about his role with the company, but his story is too incredible not to share. COVID-19 created a Huge Opportunity for Fraud Instead of “miraculously going away” by April 2020, as some had predicted, COVID-19 shut down the country. By that month, more than 1 million confirmed cases had been reported worldwide, a ten-fold increase from the prior month. Widespread testing became key to understanding and stopping the wave of positive diagnoses, with an average of 146,000 people per day getting tested. One of the laboratories conducting the tests was Atlanta-based Capstone Healthcare. CEO and owner Drew Maloney visited local news stations to tout Capstone’s COVID-19 testing efforts. Maloney even claimed the company was losing money by performing COVID testing to paint Capstone as a pandemic hero. Capstone was a Pandemic Profiteer... --- - Published: 2024-02-14 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/bracker-and-marcus-partners-honored-as-super-lawyers-2024/ - Categories: Bracker & Marcus Firm News & Updates Bracker & Marcus LLC is proud to announce that partners Julie Bracker and Jason Marcus have been selected as Super Lawyers by Super Lawyers Magazine for the state of Georgia for 2024. Julie has been recognized every year since 2017. Jason has been recognized as a Rising Star every year since 2016 and as a Super Lawyer for the past two years. Each year, no more than 5 percent of the lawyers in the state are selected by the publication’s research team to be named a Super Lawyer. Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys. --- - Published: 2024-02-09 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/julie-bracker-co-chairs-2024-false-claims-act-conference/ - Categories: False Claims Act Blog It was my honor to co-chair the American Conference Institute’s Eleventh Annual False Claims Act and Qui Tam Enforcement conference, which took place January 22 through 23, 2024 at the New York Bar Association in Manhattan. Co-chairs Tara Shewchuk and Gus Eiyler and I were joined by Andrea Tredenick, conference coordinator, and many of the brightest lights of the FCA bar. About the Annual False Claims Act and Qui Tam Enforcement Conference As I stated in my opening remarks, the ACI conference may be my favorite of the year for pure intellectual stimulation. I am a huge fan of the Anti-Fraud Coalition (formerly Taxpayers Against Fraud) and its annual conference, which brings relators’ counsel from around the country to D. C. to discuss issues common to our bar. I also support the Federal Bar Association Qui Tam section’s annual conference, which brings together both relator and defense counsel who practice in this space. Both conferences also feature FCA government attorneys as speakers and occasional attendees. But what is unique to the ACI conference is the presence of industry leaders in domains directly affected by our statute. I find the presence of industry leaders to change the dynamic of the discussion. It pulls both relator and defense counsel away from our tried and true (and to some extent, extreme) examples and urges us to confront issues closer to the margin, leading to the deepest and most useful discussions. Conference Panel Discussions - Day One The Subjective Scienter Standard and Future Litigation... --- - Published: 2024-01-31 - Modified: 2024-01-31 - URL: http://www.fcacounsel.com/blog/one-of-two-cmmc-proposed-rules-published-for-public-comment/ - Categories: Cyber Security For Christmas, the Department of Defense (DoD) asked the Defense Industrial Base (DIB) for a shiny new $63 billion Cybersecurity Maturity Model Certification (CMMC) Program. The anxiously awaited CMMC Rule was published in the Federal Register for public comment the week of Christmas 2023, with comments due by February 26, 2024. This proposed rule is the second attempt by the DoD to publish a CMMC regulation to implement the CMMC program officially. In September 2020, the DoD attempted to implement CMMC through an interim final rule; however, that effort was stalled primarily due to the change in presidential administrations, the transfer of the CMMC program from the office of the Undersecretary of Defense for Acquisition and Sustainment (USD(A&S)) to the office DoD CIO (Chief Information Officer), and an investigation into the chief CMMC Program architect for allegedly mishandling classified information. This time around, the DoD plans to publish two CMMC Rules, one in 32 C. F. R. Section 170 to define and describe the CMMC program and a second in the Defense Federal Acquisition Regulation Supplement (DFARS) in Part 48 of the C. F. R. which will be used to incorporate the CMMC requirements into DoD contracts. Only the 32 C. F. R. Section 170 rule is available for public comment. Overview of CUI and the CMMC Program Controlled Unclassified Information (CUI) is generated by, for, or on behalf of the Executive Branch of the U. S. Federal Government. CUI is sensitive but unclassified information. Federal agencies designate specific types... --- - Published: 2024-01-19 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/cybersecurity-fraud-sec-issues-new-regulations/ - Categories: Cyber Security, False Claims Act Blog On July 26, 2023, the Securities and Exchange Commission (SEC) produced a final rule that strengthened and standardized the agency's requirements for companies regarding disclosures of “cybersecurity risk management, strategy, governance, and incidents. ” The SEC issued guidance regarding cybersecurity risk in 2011 and again in 2018. However, this final rule establishes new requirements regarding disclosures companies must make in their public SEC filings. The final rule and its new requirements became effective 30 days after publication, and filers other than small reporting companies were to begin complying on December 18, 2023. Small reporting companies must comply with the new requirements by June 15, 2024. Keep reading for more from our cybersecurity fraud attorney. Why the new law? In the modern business world, cyber-threats and data security are big business—and come with significant liabilities for failures and misrepresentations. A wise investor would want to know whether a company that does business on the internet is appropriately securing itself against the risks that come with a data breach, whether it is of customer’s personal information, patient healthcare information, or state secrets provided to government contractors that present national security risks. Reporting requirements The final rule requires disclosure of a “material cybersecurity incident” on an SEC Form 8-K within four business days of the incident being discovered or deemed “material. ” The only exception to this requirement is if the “U. S. Attorney General determines immediate disclosure would pose a substantial risk to national security or public safety. ” Secondly, in their... --- - Published: 2023-12-19 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/bracker-marcus-ties-for-the-largest-ppp-settlement-on-record/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog, FCA Settlements, Financial Fraud Blog, Whistleblower Blog & News The end of the year usually means cold weather, holiday decorations, and a rush to finalize False Claims Act settlements. This year is proving to be no different, as we are pleased to announce that our client Sidesolve LLC has successfully brought a case based on Paycheck Protection Program (PPP) fraud. The result is a $9 million settlement, of which Sidesolve will receive $1 million. The defendants were too large to be eligible for PPP funding This settlement amount ties for the largest PPP settlement so far with another $9 million settlement against Victory Automotive Group. Before these settlements, the largest we were able to find was about $2. 25 million. So, we can see that settlements are getting larger as theories become more complex. The theory in both of the $9 million cases was the same: multiple companies were “affiliated” but each separately applied for and received PPP loans. Under the PPP rules, companies with common ownership or management should have been added together when considering funding eligibility. For example, imagine I own a chain of successful tire shops. I have 20 locations, each with 30 employees. Companies were eligible for PPP loans if they employed less than 500 people, and so separately, each tire shop would be eligible for PPP funds. But if all 20 tire shops were under a single corporate entity, I’d have 600 employees. I would have to qualify under a different measurement based on revenue, net income, or tangible net worth. Logically, it doesn’t... --- - Published: 2023-11-20 - Modified: 2025-07-25 - URL: http://www.fcacounsel.com/blog/government-reaches-fca-settlement-with-ga-physician/ - Categories: Bracker & Marcus Firm News & Updates, FCA Settlements, Healthcare Fraud Blog, Whistleblower Blog & News Our client becomes a successful two-time whistleblower It is difficult and rare to be a successful False Claims Act relator. First, you have to be educated enough to recognize the fraud that is occurring around you. You must be wise and confident enough to not be gaslit by your bosses that what they are doing is appropriate. Second, you must have the integrity and fearlessness to be a whistleblower. Third, you have to bring a case significant enough to convince the government to intervene. This only happens in about 20%-25% of cases. When it doesn’t, your attorneys must litigate and win a declined case, which is even rarer. And so you can probably count on your fingers the number of whistleblowers who twice bring successful False Claims Act cases. Not only do they have to experience that situation yet again, but they have to be willing and able to go through this difficult process a second time, with a case strong enough to again result in a successful resolution. You can add our client, Ms. P, to that short list. This month, the government announced a $225,000 settlement with Atlanta Medical and Aesthetic Center, Inc. and its owners. The case was filed by two relators—the practice’s former nurse practitioner and former office and billing manager. Notably, the nurse practitioner previously brought a False Claims Act case that resulted in a $430,000 ability-to-pay settlement. This is Bracker & Marcus’s 11th intervened False Claims Act settlement since the start of 2022, totaling... --- - Published: 2023-07-12 - Modified: 2023-07-13 - URL: https://www.fcacounsel.com/blog/sba-reports-more-than-200-billion-of-ppp-and-eidl-funds-lost-to-fraud/ - Categories: False Claims Act Blog, Whistleblower Blog & News Our law firm has filed over a dozen False Claims Act cases alleging Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) fraud, and we have more in the works. A recent federal report evinces that PPP and EIDL fraud remain fertile ground for whistleblowers. A recipe for fraud Since the COVID relief programs were first implemented—the Paycheck Protection Program and Economic Injury Disaster Loans—our phones have been ringing off the hook with interested whistleblowers. These programs were implemented very quickly, with an aim towards getting money into the people’s hands as quickly as possible, a recipe for fraud. Very quickly, we started to see news reports of owners of fake companies using PPP funds to purchase sports cars and mansions. Recently, the SBA OIG completed an analysis of the fraud and determined that over $200 billion of COVID relief funds had been disbursed to potentially fraudulent actors. Approximately 4. 5 million of the 22. 1 million loans and grants were fraudulent. This represents more than 17% of the total funds--$1. 2 trillion—paid out under the PPP and EIDL programs. This publication comes on the heels of an Associated Press News report that calculated an approximate $280 billion in COVID relief fraud, and another $123 billion in waste and misspending. According to that report, the DOJ inspector estimated tens of billions of dollars, maybe exceeding $100 billion, in fraud. The article also cited a University of Texas study that calculated as much as $117 billion in possibly fraudulent loans.... --- - Published: 2023-06-23 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/crh-healthcare-settles-covid-overbilling-claim-for-1-6-million/ - Categories: False Claims Act Blog, FCA Settlements As anyone involved in healthcare during the Covid pandemic can attest, there was an enormous amount of confusion about what providers could and could not do, and how they should do it. Thousands of Covid testing centers opened seemingly overnight throughout the country, by governments, physicians’ offices, pharmacies, and urgent care centers. CRH Healthcare, doing business in Georgia as Peachtree Immediate Care, opened its own set of Covid testing locations, including in-office, curbside, and drive-thru testing. Our clients were a physician and a nurse practitioner who worked at these sites, providing testing to Georgia residents. This False Claims Act settlement resolves allegations by our whistleblowers that CRH overbilled for its Covid testing services by seeking a higher level of reimbursement than to which it was entitled. The $1. 6 million settlement does not include an admission of liability and reflects a compromise as to what the Government thought should have been billed what CRH thought should have been billed. Our whistleblower clients will receive a 20% relators’ share for reporting their concerns and bringing this False Claims Act case. This is Bracker & Marcus’s tenth intervened False Claims Act settlement since the start of 2022, totaling more than $27 million in recoveries for the Government. Billing and Reimbursement for Office Visits Depend on the Length and Complexity of the Visit When a patient goes to a doctor’s office and meets with the physician, that visit is billed under an Evaluation and Management code, also known as E/M. There are five... --- - Published: 2023-05-12 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/doj-false-claims-act-statistics-2022/ - Categories: False Claims Act Blog, Whistleblower Blog & News The False Claims Act (FCA) imposes liability on individuals and organizations that defraud the government by submitting false or fraudulent claims for payment. When private whistleblowers discover such fraudulent activity, they can initiate legal action, through counsel, in federal court against the alleged wrongdoer under the FCA. Keep reading to learn more about this process and get the latest stats from a whistleblower attorney. The government investigates False Claims Act cases When a case is filed under the FCA, the government, through the Department of Justice (DOJ), is mandated to investigate the claims of the private whistleblower. Upon completion of its investigation, the DOJ will either intervene or take over the lawsuit, or decline to intervene in the lawsuit. In some instances, the intervention decision may be a sliding scale between intervention and declination, but that is a whole different blog post. If the government declines to intervene for whatever reason, the private whistleblower, through their experienced FCA counsel, may litigate the case without the government. Recoveries and settlements Recoveries and settlements in FCA cases refer to the amounts of money paid by defendants who are found liable or who settle with the government and/or private whistleblowers in declined cases. The settlement/recovery belongs to the government. However, under the FCA, private whistleblowers are entitled to a portion of the recovery when it results from the whistleblower’s lawsuit. If the government intervenes and recovers funds, the whistleblower is entitled to between 15% - 25%. In cases where the government declines to... --- - Published: 2023-04-13 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/mfcu-annual-report/ - Categories: Healthcare Fraud Blog “Hey Mafookoo! What do you think you’re doing? ” Yes, Mafookoo (actually "MFCU”) sounds like it might be some sort of veiled insult, but in reality, it is quite the opposite. It’s a force for good in the nefarious world of healthcare fraud, patient abuse, and neglect. Learn more about these essential investigation units and get in touch with one of our Atlanta whistleblower attorneys for more guidance. What is an MFCU? So what is an MFCU exactly? Well, let’s have the Office of the Inspector General (OIG), the designated Federal agency that oversees and annually approves Federal funding for MFCUs, describe it for you: “Medicaid Fraud Control Units (MFCUs or Units) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. The Social Security Act (SSA) requires each State to effectively operate an MFCU, unless the Secretary of Health and Human Services (HHS) determines that (1) the operation of a Unit would not be cost-effective because minimal Medicaid fraud exists in a particular State; and (2) the State has other adequate safeguards to protect enrollees from abuse or neglect. In fiscal year (FY) 2022, all 50 States, the District of Columbia, Puerto Rico, and the U. S. Virgin Islands operated MFCUs. ” Each state administers its own Medicaid program, which provides health care funding for low-income families or individuals, but Medicaid is funded jointly by state and federal governments. Thus, the state and federal governments jointly fund MFCUs, with the federal government providing 75% of MFCU funding and... --- - Published: 2023-03-31 - Modified: 2025-07-25 - URL: http://www.fcacounsel.com/blog/bracker-marcus-settle-case-against-fraudulent-ophthalmology-group-for-2-9-million/ - Categories: FCA Settlements, Healthcare Fraud Blog Bracker & Marcus LLC is pleased to announce that the United States and the State of Texas have settled a lawsuit brought by their client, Dr. Carrie L. Morris, against a large ophthalmology group, Arlington Ophthalmology Association, P. L. L. C. , doing business as Kleiman Evangelista Eye Centers, with offices in Arlington, Dallas, Plano, Southlake, Mount Pleasant, and Gun Barrel City, Texas. The United States press release may be found here. Our client alleged that optometrists who referred their patients to Arlington for cataract surgeries were offered 20% of the patient’s global surgery fee and a guarantee that the patient would return to the optometrist without competition for future routine eye care. In addition, referring optometrists also receive a flat fee payment if their patients choose to upgrade to a premium lens. This flat payment comes from the funds collected from the patient (or secondary/supplemental insurance) and is based on which level of upgrade the patient selects. Defendants structured their 20% kickback under the “co-management” provisions for cataract surgeries, which basically are set up so that if a patient has to travel to have the surgery, they don’t have to travel back and forth for post-operative care. Instead, they see the surgeon for the presurgical exam and the surgery, and then their care is managed by their own optometrist, who (presumably) is more conveniently located. When an optometrist performs this “co-management” of post-operative care, they are paid 20% of the global fee. This arrangement, which on its face seems... --- - Published: 2023-02-10 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/bracker-marcus-super-lawyers/ - Categories: Bracker & Marcus Firm News & Updates Jason Marcus has been chosen as a Super Lawyer in his first year of eligibility. Julie Bracker has been chosen as a Super Lawyer since 2017. Bracker & Marcus LLC is proud to announce that partners Julie Bracker and Jason Marcus have been selected as Super Lawyers by Super Lawyers Magazine for the state of Georgia for 2023. Julie has been recognized every year since 2017. Jason has been recognized as a Rising Star every year since 2016 and now has been recognized as a Super Lawyer in his first year of eligibility. Each year, no more than 5 percent of the lawyers in the state are selected by the publication’s research team to receive the honor of being named a Super Lawyer. Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. --- - Published: 2023-01-13 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/advanced-bionics-settles-false-claims-act-case-for-13-million/ - Categories: Bracker & Marcus Firm News & Updates, FCA Settlements, Healthcare Fraud Blog Bracker & Marcus LLC is pleased to announce that Advanced Bionics LLC, a California-based manufacturer of cochlear implants, agreed to pay the government nearly $13 million to resolve a complaint brought by our client, David Nyberg. Mr. Nyberg was Advanced Bionics’ principal electrical engineer for Radio Frequency (RF) research and development from December 2010 to August 2017. During that time, he became aware of what he later realized was a scheme to mislead federal healthcare programs about the RF emissions generated by some of Advanced Bionics’ cochlear implants. Read more about this case and contact a whistleblower attorney if you spot fraud in the workplace. Engineers improperly tested cochlear implants When Mr. Nyberg came to us, he was concerned because he knew that the cochlear implants being manufactured by Advanced Bionics (AB) could not pass emissions testing and had never been able to do so. Instead, he alleged, AB engineers had “cheated” the tests by shielding the parts that emitted RF energy, turning the devices down to very low levels, and in one case, even turning the device off when it was supposed to be on for testing. Even though this was clearly fraudulent behavior, and even though Mr. Nyberg was in a perfect position to know about the cheating and relate the story to the government, it was still a long road from our first conversation with Mr. Nyberg to filing the complaint. There were several reasons for this, both practical and legal. The long road to results: Jargon,... --- - Published: 2022-12-29 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/false-claims-act-case-against-mississippi-orthopedic-clinic-results-in-1-87-million-settlement/ - Categories: Bracker & Marcus Firm News & Updates, FCA Settlements, Healthcare Fraud Blog Defendants allegedly defrauded Medicare and Medicaid by submitting false claims for name brand viscosupplements Just in time for the new year, Bracker & Marcus is pleased to announce a settlement in its long-running case against two orthopedic practices and its owner. Defendants Mitias Orthopaedics, a subsidiary, and its owner will repay over $1. 9 million to the government. This settles allegations that they injected Medicare and Medicaid beneficiaries with drugs purchased from compound pharmacies that were billed as FDA-approved, name-brand products. Learn more about this historic settlement and contact a healthcare fraud attorney if you suspect a healthcare provider of improper billing. Making History in Mississippi This is the first qui tam case intervened or settled in the history of the Northern District of Mississippi. In January 2020, the United States intervened in the case after a lengthy investigation. The Assistant U. S. Attorney for the Northern District of Mississippi, Harland Webster, was brand new to the False Claims Act but was a seasoned trial attorney. Bracker & Marcus LLC partner Jason Marcus was an experienced False Claims Act practitioner but had limited trial experience. It was a match made in Mississippi, as Jason handled the heavy lifting on briefing the law while AUSA Webster masterfully handled the depositions and trial preparations. In recognition of our contributions to the case, our relator (who prefers to remain anonymous) was given a 25% relator’s share. This is the maximum possible relator’s share for an intervened case. Mitias Orthopaedics Allegedly Billed for Products... --- - Published: 2022-10-18 - Modified: 2025-07-25 - URL: http://www.fcacounsel.com/blog/bracker-marcus-client-settles-case-pharmacies-selling-compounded-drugs/ - Categories: Bracker & Marcus Firm News & Updates, FCA Settlements, Healthcare Fraud Blog Bracker & Marcus LLC is pleased to announce that four pharmacies have agreed to pay more than $6. 8 million to settle claims brought by their client in the Northern District of Georgia. Keep reading to get the details on this settlement and learn how a whistleblower attorney could help with your case. Compound Pain Creams at Center of Fraud Case DermaTran Health Solutions, LLC (“DermaTran”) opened in 2012 with a simple scheme: to manufacture and sell custom “compound” pain creams. At the same time, another company named Pharmacy Insurance Administrators, LLC (“PIA”), was created to handle the billing for DermaTran. Making money by selling pain creams might sound like a strange “get rich quick” scheme, but it was a surprisingly common one at that time, and very lucrative, because of the nature of compounding pharmacies and a strange rule change in 2012. In general, a “compounding pharmacy” is one that makes up a special prescription for a patient that cannot be found commercially. For example, many veterans returning from war had injuries that required them to apply one cream to help with scarring, one for flexibility of the healing skin, one for keeping the wound clean, and yet another for pain. A compounding pharmacy could blend the ingredients of the four (patented) creams together, making one convenient application. To do so, the pharmacist must have a patient-specific order from a doctor, directing the pharmacist as to what ingredients to include in the compound. Unscrupulous Pharmacies Find Ways to Increase... --- - Published: 2022-09-05 - Modified: 2025-07-25 - URL: http://www.fcacounsel.com/blog/doj-settles-suit-against-defense-contractor/ - Categories: Bracker & Marcus Firm News & Updates, FCA Settlements, Government Fraud Blog, Whistleblower Blog & News Bracker & Marcus LLC is proud to announce that a suit brought by their client against WDC Acquisitions LLC, d/b/a Wellman Dynamics, has been intervened and settled by the Department of Justice. The settlement resolves allegations that Wellman failed to properly perform metallurgical testing on parts used in military aircraft. The US press release is available at this link. Keep reading to learn more about the case and find out what our False Claims Act attorneys can do for you. About Wellman Dynamics Wellman Dynamics is a 400-person manufacturing facility in Creston, Iowa. It creates castings from aluminum and magnesium for prime defense contractors like Boeing Rotorcraft Systems, Bell Textron, Sikorsky Aircraft, Raytheon Missiles & Defense, and Aerojet Rocketdyne. These customers use the parts for military and commercial helicopters, jet engines, rockets, and missile systems. Wellman parts are found on the Blackhawk, Apache, Viper, Venom, King Stallion, and Marine One helicopters. Wellman has also contributed to the Space Launch System (SLS) for NASA and the nuclear-armed air-launched Long Range Stand Off Weapon (LRSO) currently in development for the United States Air Force. Lab Technician Uncovers Government Fraud at Work Our client was a lab technician for quality control in Wellman’s Metallurgical Lab. They discovered that on two separate occasions, the Lab Manager had falsified test results for tensile strength testing to ship products when the metal was not as strong as required by the government contracts. After digging deeper, he found that at least one set of these defective castings... --- - Published: 2022-06-27 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/viscosupplementation-fraud-continues-to-make-news/ - Categories: Bracker & Marcus Firm News & Updates California provider settles allegations of billing for re-imported drugs for more than $1 million Back in January 2014, Julie and I were the first False Claims Act attorneys to bring a successful qui tam case alleging the improper use and billing of viscosupplements by healthcare providers. Read on to learn how these devices are used to commit healthcare fraud and contact one of our False Claims Act attorneys for additional information. About Viscosupplementation Viscosupplementation agents are hyaluronic acid-based devices that are injected into the knee to alleviate pain and swelling, usually from arthritis. They are sold under the brand names Synvisc, Orthovisc, Supartz, Hyalgan, and Euflexxa, among others. Viscosupplements are regulated by the Food and Drug Administration (FDA) as devices, but they are billed with unique brand-specific codes just like drugs. So, for example, it would be improper to bill any product except for Orthovisc using the code specifically designated for Orthovisc. Moreover, the reimbursement rates are based on the sales prices for these specific products, so billing a cheap knockoff product as if it were Orthovisc would garner a windfall for the provider. Profit-Driven Orthopedic Clinics Cutting Corners with Reimported Viscosupplements In our case, two orthopedic clinics were billing Synvisc and Orthovisc under their corresponding codes, but rather than purchasing the products from the manufacturers, they purchased reimported products from Turkey and elsewhere. This was problematic for several reasons. First, because the products left the country for a time and were reimported back into the United States, they lost... --- - Published: 2022-06-20 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/bracker-speaks-at-false-claims-and-qui-tam-conference/ - Categories: Bracker & Marcus Firm News & Updates Event: 9th Annual Advanced Forum on False Claims and Qui Tam Enforcement DATE: June 22-23, 2022 LOCATION: New York Marriott Downtown, New York, NY I am honored to have been invited to represent the Relator’s Bar at ACI’s Advanced Forum on False Claims and Qui Tam Enforcement. This is a premier industry event that brings together leading firms from “both sides of the v”— Relator’s bar and Defense bar—as well as key government officials and industry leaders and stakeholders from businesses subject to FCA enforcement. This year’s co-chairs of the conference are Joseph H. Hunt, Alston & Bird LLP and former Assistant Attorney General from the United States Department of Justice, and Kristen Mayer, Head of U. S. Compliance, Vice President, Legal, Argenx US, Inc. Along with Jeb White, the President and CEO of Taxpayers Against Fraud, and Robert Vogel, partner at Vogel, Slade and Goldstein LLP, I will be speaking on “Drafting, Pleading, and Litigating: The Relator’s Counsel Perspective. ” Our topics include choosing venues, addressing pleading standards, litigating with and without participation from the Department of Justice, and overcoming statutory barriers like public disclosure. In addition to “Drafting, Pleading, and Litigating: The Relator’s Counsel Perspective,” topics include: Materiality, Scienter, and Falsity: Clarity or more Confusion? Cybersecurity Fraud: The New Frontier in FCA and Qui Tam Enforcement? Advanced Advocacy in FCA and Qui Tam Claims: The Defense Perspective Optimal Strategies for Resolving FCA Matters and Qui Tam Lawsuits The Who, What Where, and When of Pandemic Fund Recovery Critical... --- - Published: 2022-06-17 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/why-are-false-claims-act-cases-filed-under-seal/ - Categories: False Claims Act Blog The seal protects the Government’s investigation, the Defendant’s privacy, and the whistleblower’s employment. The False Claims Act requires that every new case be filed under seal. Pursuant to 31 U. S. C. § 3730(b)(2): “The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders... . The Government may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal ... . ” The first rule of filing a False Claims Act lawsuit is that you don’t talk about filing a False Claims Act lawsuit. Breaching the seal—even inadvertently— can result in severe sanctions and possibly dismissal of your case. But why does this rule exist? What is the purpose of sealing your qui tam case? Read on to learn why from False Claims Act attorneys. The Four Purposes of the FCA’s Seal Provision According to the Fourth Circuit, the False Claims Act’s seal provision serves several purposes: “(1) to permit the United States to determine whether it already was investigating the fraud allegations (either criminally or civilly); (2) to permit the United States to investigate the allegations to decide whether to intervene; (3) to prevent an alleged fraudster from being tipped off about an investigation; and, (4) to protect the reputation of a defendant in that the defendant is named in a fraud action brought in the name of the United States, but... --- - Published: 2022-04-15 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/behavioral-health-settles-false-claims-act-allegations/ - Categories: Bracker & Marcus Firm News & Updates, FCA Settlements, Healthcare Fraud Blog, Whistleblower Blog & News Bracker & Marcus Client Latashia Hawkins Awarded 23% Relator’s Share We are proud to announce that the United States and the State of Georgia have intervened in a False Claims Act lawsuit filed on behalf of our client, Latashia Hawkins. Her allegations have been settled for $750,000. Learn more about the settlement and call one of our healthcare fraud attorneys for more information. Whistleblower Alleges Medicare, Medicaid Fraud Ms. Hawkins reported that her employer and its executive director had defrauded the Medicare and Medicaid programs by falsifying the identity and qualifications of its provider. The purpose was to receive reimbursement at a higher rate, inflating the amount of time spent with patients, documenting face-to-face contact with patients that never occurred, misrepresenting dates of service, and creating fabricated documents in response to government scrutiny. Defendants acknowledged that the government has a claim for over $38 million, but the final judgment was based on their limited ability to pay a settlement. It has been a long journey to get to this point. Ms. Hawkins is one of our firm’s earliest clients, filing her False Claims Act complaint in December 2015. We have an enormous amount of admiration for what she has done. Over the last six-plus years, she has gone through numerous trials and tribulations, but whenever the government called upon her, she responded, even going so far as to wear a wire for the FBI to record the defendants engaged in wrongdoing. In sum, Ms. Hawkins is a remarkable woman. After... --- - Published: 2022-03-25 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/scotus-judge-ketanji-brown-jackson/ - Categories: Bracker & Marcus Firm News & Updates On February 25th, 2022, President Biden nominated Judge Ketanji Brown Jackson to become the 116th Associate Justice of the United States Supreme Court. The nomination is historic for obvious reasons, as Judge Jackson will be the first Black female justice. It is also historic to yours truly for a much less obvious reason: Judge Jackson would become the first sitting Supreme Court Justice that I have argued a case in front of! But before I talk about myself, let's talk a little bit about this incredible jurist. Judge Ketanji Brown Jackson: A Career Synopsis Judge Jackson was born in Washington, DC, but was raised in Miami, Florida. She attended Palmetto Junior High School and Miami Palmetto Senior High School, where she served as student body president. Judge Jackson attended Harvard University for both undergraduate and law school. Impressively, she graduated magna cum laude as an undergraduate while she subsequently graduated from Harvard Law School cum laude and served as editor of the Harvard Law Review. Judge Jackson’s legal career is equally, if not more, impressive. She began her career as a Supreme Court Clerk for Justice Stephen Breyer, whose seat she has been nominated to fill after he announced his retirement earlier this year. Following her Supreme Court Clerkship, Judge Jackson served as a Public Defender, representing criminal defendants who did not have the means to hire private counsel. This is of particular significance in that Judge Jackson will not only become the first black woman to serve on the... --- - Published: 2022-03-11 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/covid-relief-fraud-justice-takes-time/ - Categories: False Claims Act Blog, Financial Fraud Blog, Whistleblower Blog & News A recent Law 360 article titled “The Hottest FCA Cases and Trends to Watch in 2022” starts its round up of “the new FCA frontiers that lawsuits are beginning to explore” with a pronouncement that “ Pandemic Cases Modest Despite ‘Tough Talk. ’” Bracker & Marcus LLC has been following Covid relief fraud closely, especially as it pertains to the Paycheck Protection Program. Keep reading to get the latest on what our Atlanta whistleblower attorneys believe are the biggest factors holding back pandemic-related fraud claims. Where’s the colossal crackdown on pandemic relief fraud? The Law 360 article stated that there had been “widespread expectations of an FCA onslaught targeting misused dollars, but there haven’t yet been many clear signs of a colossal crackdown” other than “low hanging fruit” like executives who buy Ferraris with their PPP loan money. The explanations offered by defense counsel quoted in the article largely - and unsurprisingly - focus on the available defenses for such cases. They note that the rules and regulations around COVID relief money changed rapidly and often; that companies who acted in good faith will not likely be subjected to prosecution; and that the “extraordinary circumstances” of the pandemic will make the Department of Justice more lenient and forgiving of errors. The article gives barely a nod to the fact that it has only been two years since the pandemic began. That’s a miniscule amount of time in the world of FCA investigation, even though it feels like a lifetime to... --- - Published: 2022-02-25 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/bracker-marcus-super-lawyers-2022/ - Categories: Bracker & Marcus Firm News & Updates Julie Bracker listed as a Super Lawyer; Jason Marcus listed as a Rising Star Once again, Bracker & Marcus LLC is proud to announce that partner Julie Bracker has been selected as a Super Lawyer, and partner Jason Marcus has been selected as a Rising Star, by Super Lawyers magazine for the state of Georgia for 2022. Julie has been recognized every year since 2017; Jason has been recognized every year since 2016. Each year, no more than five percent of the lawyers in the state are selected by the publication’s research team to receive the honor of being named a Super Lawyer. No more than 2. 5 percent of the lawyers in the state are named to its list of Rising Stars. Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys. --- - Published: 2022-02-18 - Modified: 2023-12-01 - URL: https://www.fcacounsel.com/blog/ppp-fca-cases-coming-unsealed/ - Categories: False Claims Act Blog, Government Fraud Blog, Whistleblower Blog & News When the federal government unleashed the Paycheck Protection Program, it quickly became obvious that while it would help many people and businesses in need, it would likely be plagued with fraud. Fraud on the PPP program is a violation of the False Claims Act because it involves getting money from the Government to which the perpetrator is not entitled. There are various ways to report PPP fraud, but an FCA case is (in our opinion) the best because it can result in the best recovery to you for being a whistleblower. If you believe you have spotted an outlier in the data—whether it be PPP loans, Medicare funds, customs payments, or otherwise—contact our PPP fraud whistleblower lawyers for a free consultation. Early PPP Fraud And The FCA: A Tenuous Link Under the PPP program, applicants received loans from private banks. Accordingly, there were seemingly only two sources of damages for False Claims Act relators. First, the federal government pays the banks a processing fee based on the size of the loan. Second, if the loan is forgiven, the federal government reimburses the bank for the loan. Only in the latter situation, it seemed, would the full amount of the loan be subject to the trebled damages of the False Claims Act. Otherwise, the damages in the case where your cousin fraudulently obtained a loan for $100,000 is only the 3. 5% processing fee, or $3,500, plus a potential penalty. This was not exactly the reward a lot of our callers... --- - Published: 2022-02-04 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/covid-relief-funds-and-the-false-claims-act/ - Categories: False Claims Act Blog, Government Fraud Blog, Whistleblower Blog & News At this point, the COVID pandemic and its ongoing implications for public health and policy is a constant topic of debate. We are not here to discuss any of the politically triggering issues surrounding the COVID pandemic—although this author notes that public health should not be a political issue. However, that seems to be the environment in which some want the discussion to be held. Nonetheless, the trillions of dollars of government COVID relief funds that have been distributed is of particular note to False Claims Act (FCA) practitioners and provides some unique attributes as it relates to FCA liability. Keep reading to learn more from a government fraud attorney. Criminals Snatch $100B in COVID Relief Of note, the United States Secret Service, which specializes in investigating financial fraud, has stated that criminals have stolen nearly $100 billion of COVID relief funds. Those funds have been diverted from the Small Business Administration’s Paycheck Protection Program (PPP), the Economic Injury Disaster Loan program, and the program to distribute unemployment assistance funds. The Secret Service further states that more than $2. 3 billion in stolen funds have been recovered to date, which also includes more than 100 arrests, from culpable individuals to organized groups of fraudsters. Beyond criminal investigations and recoveries, COVID relief fund fraudsters are also subject to civil liability under the FCA. However, even though the amount of relief funds authorized and the scale at which relief funds were defrauded is staggering, there have been very few FCA recoveries to... --- - Published: 2022-01-21 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/marcus-to-speak-at-virtual-qui-tam-conference/ - Categories: Bracker & Marcus Firm News & Updates This virtual conference is available to all members of the Federal Bar Association Panel Details Date & Time: Friday, February 25, 2022 at 1:10 PM ET Title: The Modern Relator Description This panel of experienced qui tam plaintiff lawyers will provide an in-depth discussion on the evolution of qui tam cases, from the traditional individual whistleblower to the corporate relator. Join this impressive panel of lawyers in their discussion about the various forms of relators, including corporations and professional data miners, and the motivation behind these relator types. The panel will share their experiences with true corporate relators versus corporate fiction and provide useful insight as to how courts have been perceiving these various relator forms. The panel will also discuss modern alternatives to the traditional relator, such as relator coalitions, and the driving factors behind creating such arrangements. The panelists will also provide an overview of some of their more notable cases and what they learned from representing the “modern relator. ” Confirmed Speakers Alison Hawthorne, Principal, Beasley Allen (moderator) Jason Marcus, Principal, Bracker & Marcus LLC James Barger, Jr. , Principal, Frohsin Barger & Walthall LLC Robert “Bob” Thomas, Jr. , Managing Member, Whistleblower Law Collaborative LLC Marcus To Speak on Data Miners as Relators This three-day event sponsored by the Federal Bar Association—dubbed “the Oscars for False Claims Act nerds” by a prior panelist—is one of the premier conferences in the world of qui tam and False Claims Act litigation. Attendees include relator’s counsel, defense counsel, whistleblowers,... --- - Published: 2021-12-03 - Modified: 2024-06-21 - URL: https://www.fcacounsel.com/blog/bracker-marcus-recognized-as-prolific-qui-tam-firm/ - Categories: Bracker & Marcus Firm News & Updates, Whistleblower Blog & News Legal analytics firm Lex Machina reviewed thousands of unsealed False Claims Act cases from 2016 to 2020 to determine most active plaintiffs’ law firms. Adding another feather to Bracker & Marcus’ cap, legal analytics firm Lex Machina recently released a report identifying our firm as the fourth most active qui tam plaintiff’s firm in the country. The report identified 33 False Claims Act cases that we have filed between 2016 and 2020. Bracker & Marcus ended up trailing Phillips & Cohen—one of the largest and oldest qui tam firms in the country—by just five cases. Of course, these numbers are skewed somewhat as a result of the seal period for False Claims Act cases. Lex Machina was only able to track unsealed cases. Good qui tam cases can take at least a few years for the government to investigate. The vast majority of cases from 2019 and 2020 are likely to remain under seal. Today, we’ll take a look at what sets our False Claims Act attorneys apart from others. Cases Filed, Cases Settled In a recent blog post, I noted my belief that we are a “sleeping giant,” and the Lex Machina report confirms it. We opened our doors in 2015, and it took some time to find our footing. In 2015 and 2016 combined, we filed 16 False Claims Act cases as lead counsel. That alone would have been good enough for 18th on this list of firms, which was based on the last five years, not just... --- - Published: 2021-11-19 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/bracker-marcus-llc-settles-second-fca-case-this-month/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog, FCA Settlements, Healthcare Fraud Blog, Whistleblower Blog & News The whistleblowers alleged that the hospital was improperly billing split/shared visits as if patients were seen by a physician when they were only seen by a midlevel provider. Right on the heels of our $325,000 False Claims Act settlement for improper billing for drug infusions, our firm has a second intervened settlement coming from the Middle District of Georgia. The defendant hospital settled relators’ claims of improper evaluation and management billing for $56,144. In sum, the whistleblowers alleged that the hospital billed for inpatient evaluations performed by midlevel providers as if they had been partially performed by physicians, otherwise known as split/shared billing. The relators, former employees in the hospital revenue cycle department, will receive a 20% relator’s share. Today, we’ll take a look at some of the details of this case and answer common questions potential relators have for our False Claims Act attorneys. The False Claims Act: High Risk, High Reward An intervened settlement is an intervened settlement, so we are ultimately pleased with the outcome. However, this particular settlement comes with some interesting lessons about the high risk, high reward nature of the False Claims Act and the uncertainties that come with filing a qui tam case. Moreover, we had another case in the same district, with similar claims, against a different provider, brought by a coding auditor. The government declined to intervene. So what went wrong? As we are one of the most active False Claims Act law firms in the country with decades of combined... --- - Published: 2021-11-05 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/bracker-marcus-settles-intervened-false-claims-act-case/ - Categories: Bracker & Marcus Firm News & Updates, FCA Settlements, Healthcare Fraud Blog, Whistleblower Blog & News Georgia requires licensed nurses to perform infusions; our whistleblower nurse discovered her co-workers were unqualified medical assistants. Bracker & Marcus LLC is pleased to announce that the federal government has intervened in and settled its False Claims Act case against Infectious Disease Consultants, P. C. (IDC) for $325,000. IDC is an Atlanta area provider of infectious disease management and care. Our client alleged that IDC allowed medical assistants to perform IV infusion therapy (IVIT) and Immunoglobulin replacement therapy (IVIG) on its patients, for which it billed Medicare. Georgia rules and regulations require a nursing license to perform these services. Our client will receive a 20. 25% relator’s share from the government’s recovery. Keep reading to learn more about the case and how a healthcare fraud attorney assists whistleblowers. Nurse Blows Whistle on Healthcare Fraud Our whistleblower is a former IDC employee, a nurse who was properly qualified to perform the infusions. She and her colleagues were referred to as “infusion nurses,” causing her, and the patients, to believe that they were all nurses. Our client learned that the other infusion nurses were not nurses at all, but medical assistants. Furthermore, they sometimes performed infusions without a medical provider present in the facility. She raised her concerns with management that it was unsafe to perform, and improper to bill, the infusions. Soon thereafter, our client was given notice that her employment was being terminated. Her claim of whistleblower retaliation under the False Claims Act remains pending. Medical services performed by unqualified... --- - Published: 2021-09-30 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/mediating-false-claims-act-cases/ - Categories: False Claims Act Blog Mediation is an efficient and effective option for resolving False Claims Act lawsuits Here in Georgia, autumn has rolled in seemingly overnight. The yelling from the playground across the street was replaced by silence as kids returned to school. Their silence was abruptly replaced with the dreaded noise of suburban leaf blowers. Yes, fall is definitely here. But fall doesn’t just mean cooler weather; it also means settlements. The new fiscal year has begun for businesses, and so any legal settlements go on the following year’s reports. Christmas is just around the corner, so individual clients are eager to resolve their cases and go shopping for loved ones. Courts want to move long-standing cases and motions off their dockets before they land on the dreaded “six months list” compiled at the end of September, which tells Santa they have been naughty by not being efficient with their case management. And nobody likes working during the holidays, so settling cases in September and October guarantees we all get to spend more time with our families. Keep reading to find out how our Atlanta whistleblower attorneys make the most of this season. What is mediation? We are such fans of mediation for resolving thorny qui tam and retaliation cases that partner Jason Marcus even spoke on this issue at the State Bar of Georgia’s False Claims Act Summit in 2019. And so, unsurprisingly, Bracker & Marcus LLC had three separate mediations scheduled for September and October this year. Since we are already... --- - Published: 2021-09-10 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/attorney-general-merrick-garland-rescinds-infamous-brand-memo/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog, Whistleblower Retaliation Blog Department of Justice may once again use internal agency guidance to enforce the rule of law In January 2018, then-Associate Attorney General Rachel Brand issued a memo, known as the Brand Memo, in which she instructed the Department of Justice that it was prohibited from using agency “guidance” documents to prosecute (or even threaten to prosecute) defendants for civil violations, including under the False Claims Act. The Brand memo came on the heels of a similar memo issued by Attorney General Jeff Sessions. In November 2017, he essentially stated that the DOJ could not create and enforce its own binding policies through guidance documents. However, the Brand Memo took this one step further, applying it to all agency documents. Take a closer look with the False Claims Act attorneys from Bracker & Marcus LLC. The Brand Memo The Brand Memo said that the Department of Justice “may not use its enforcement authority to effectively convert agency guidance documents into binding rules. ” In other words, “binding requirements” for parties dealing with the government could only come from statutes and regulations. Unless the DOJ could point to a specific statute or regulation being violated, it was not supposed to prosecute potential violations, even if they were plainly in violation of notices or other public documents issued by the affected agency. A deadly arrow had been removed from the DOJ’s quiver. Almost certainly a complete coincidence, Ms. Brand resigned one month later to take a job as head of global corporate governance... --- - Published: 2021-08-20 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/proposed-false-claims-act-amendments-of-2021/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog, Whistleblower Blog & News On July 26, 2021, a bipartisan group of senators, guided by long-time False Claims Act champion, Charles Grassley (R-Iowa), introduced a bill to amend the federal False Claims Act (FCA). The amendments are meant to address several legal developments in the law that were not necessarily intended by legislators and have left federal dollars vulnerable to fraud and the FCA’s ability to recoup those dollars. The amendments deal with several issues, including the FCA’s materiality standard. While the materiality standard is probably the most significant potential change to the FCA, we will discuss that topic in another post. Here, we will focus on another key change in the FCA that the amendment proposes: cost-shifting when a party in a declined FCA case seeks discovery from the government. When the Government Declines to Intervene When the government investigates a whistleblower brough action under the FCA, it will either intervene and take over the action, or it will decline to intervene. Pursuant to 31 U. S. C. 3130(c)(3), the whistleblower and their counsel “shall have the right to conduct the action. ” Meaning, the case proceeds without the government actively participating. Relators and their experienced False Claims Act attorneys have been very successful in recovering fraudulently acquired federal funds when proceeding with declined qui tam actions without the government. Practically speaking, once a case is declined and the FCA action is unsealed, the case commences and proceeds as any other civil action in federal court. That means civil discovery. What is discovery... --- - Published: 2021-08-06 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/partner-jason-marcus-honored-by-fulton-county-daily-report/ - Categories: Bracker & Marcus Firm News & Updates Given to twenty lawyers under the age of 40, Marcus is being recognized for his achievements in representing whistleblowers in False Claims Act cases. Today, I am proud to announce that I have been selected by the Fulton County Daily Report (the newspaper for the Georgia legal community) as a On The Rise award recipient. The Daily Report’s On The Rise program recognizes Georgia’s most promising lawyers under the age of 40, as selected by a panel of esteemed lawyers. This annual award is given to just twenty lawyers in the entire state. A Rare Honor for Qui Tam Attorneys I cannot overstate how surprised I am to have received this honor. Past and current award recipients include all types of lawyers: plaintiff, defense, corporate, real estate, in-house counsel, public interest, civil rights, state and federal government, politicians, and even judges. Being chosen as just one of twenty among the thousands of young lawyers in the entire state is an incredible honor, one that I am privileged to share with a number of attorneys that I very much admire and respect. Moreover, I have long assumed that obtaining such recognition was not likely for a qui tam lawyer. When I first started representing whistleblowers in False Claims Act cases in 2008, it became pretty apparent that this was not an area that garnered a lot of attention. Very few of my attorney friends had even heard of the False Claims Act or qui tam law, let alone my non-lawyer friends.... --- - Published: 2021-07-28 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/july-settlement-round-up/ - Categories: Bracker & Marcus Firm News & Updates, FCA Settlements, Healthcare Fraud Blog As vaccinations roll out and we all begin our return to normalcy—or at least, to the “new normal,” so too does our firm. Various False Claims Act settlements that have long been in the offing finally have started to come to fruition. Today, we are pleased to announce two settlements involving False Claims Act whistleblowers represented by Bracker & Marcus LLC. St. Jude Medical Pacemaker Settlement First, on July 8, 2021, the Department of Justice announced a settlement with St. Jude Medical, Inc. St. Jude agreed to pay $27 million to settle allegations that, between November 2014 and October 2016, it sold defective pacemakers to health care facilities that were subsequently implanted into patients. The relator in this matter was proudly represented by Bracker & Marcus counsel Nathan Peak, who brought the case on behalf of one of the recipients of the defective pacemaker. The complaint alleged that in 2013, St. Jude discovered that the lithium batteries in certain pacemakers were defective. This defect caused a premature drain of the battery, so in 2014, St. Jude asked the Food and Drug Administration (FDA) for permission to change the design of those pacemakers to fix the issue. St. Jude specifically told the FDA that “no serious injury, permanent harm or deaths have been reported associated with this” issue. The complaint alleged that at the time it made that statement, St. Jude was aware of two reported serious injuries and one death associated with premature battery depletion. Despite knowing of the issue,... --- - Published: 2021-07-02 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/happy-independence-day-from-bracker-marcus/ - Categories: Bracker & Marcus Firm News & Updates The Fourth of July is a particularly meaningful holiday for the lawyers at Bracker & Marcus. The existence of our firm and the premise of our legal practice is protecting the federal fisc, recovering money stolen by “the bad guys” and returning it to the taxpayers where it belongs. We work closely with the federal government, and so naturally, we want to celebrate the creation of that very same government. But even more than that, this country was founded by troublemakers and rabble-rousers who fought against tyranny and injustice and theft from the American citizens. Men and women who refused to stay silent in the face of overwhelming pressure to stay in line. The demonstrators who boarded the ships of the British East India Company and tossed the entire shipment of tea into the Boston Harbor were the whistleblowers of the 18th Century. When they saw the British monarchy essentially picking their pockets, they stood up and did something about it. Independence Day is a celebration of our great country and the great men and women who founded it. I have no doubt that the patriots of 250 years ago would be proud and supportive of our clients, the modern-day whistleblowers, for the courageous acts that they have undertaken on behalf of their country. The United States would not be the great country that it is without the valor of those who were willing to rock the boat. So today, we honor those heroic men and women of the past... --- - Published: 2021-06-17 - Modified: 2025-07-25 - URL: http://www.fcacounsel.com/blog/u-s-attorneys-office-settles-healthcare-fraud-case/ - Categories: Bracker & Marcus Firm News & Updates, FCA Settlements, Healthcare Fraud Blog, Whistleblower Blog & News Pharmacist Claims AlixaRx Took Govt. Money for Dispensed Drugs That Weren’t Prescribed In May, the Department of Justice announced that AlixaRx LLC would pay $2. 75 million to resolve allegations brought by our whistleblower client under the False Claims Act. AlixaRx is a national provider of pharmacy services to long-term care facilities. Our client, a former pharmacist employed by the company, worked at the Atlanta hub and was familiar with the dispensing practices that were at the heart of the case. Healthcare Fraud Made Easier With Automated Dispensing Units, Relator Says AlixaRX’s “innovative” method of improving efficiencies in dispensing centered around its “Automated Dispensing Units”—basically drug vending machines—that were used in combination with electronic medication cabinets to store, stock, package, label, and dispense over 300 medications, one dose at a time. According to AlixaRX’s website and promotional materials, this enhanced pharmacist-nursing staff “collaboration”. Plus, they claim, the drug vending machine model saves on nursing time and costs, reduces drug waste, and replaces the need for the manual “tackle box” solution where each patient’s drugs are stored on-site within the facility. In reality, the Relator alleged, this dispensing methodology made it more efficient to fraudulently obtain funds from government health programs by: (1) Dispensing prescription drugs without either a prescription or a practitioner’s medical judgment about whether the drugs are reasonable or medically necessary; (2) manufacturing fake drug dispensing “emergencies” and then claiming payment for dispensed CSA Schedule II controlled substances, including dangerous and addictive drugs such as morphine and oxycodone,... --- - Published: 2021-05-20 - Modified: 2024-09-27 - URL: https://www.fcacounsel.com/blog/build-back-better-recovery-plan/ - Categories: False Claims Act Blog, Government Fraud Blog, Whistleblower Blog & News It is finally springtime here at Bracker & Marcus LLC. In Atlanta, Julie and I are running outside to bask in the warmth during breaks in our depositions. In D. C. , Nate is jogging on Pennsylvania Avenue and enjoying the cherry blossoms. In New York, Anna is strolling down Broadway, breathing in the fresh (for New York) air. Springtime represents new beginnings, and in that spirit, the new administration has disclosed a planned $3 trillion jobs and infrastructure proposal with two separate focuses. In any situation where the government is pumping money into the economy, whether it be for pandemic relief or building a wall, opportunities for fraud are rife. The purpose of this blog is to more generally discuss why these types of spending plans make for an increase in False Claims Act cases. If you have additional questions about your potential False Claims Act Case, set up a consultation with one of our Atlanta whistleblower attorneys. More Jobs, More Whistleblowers The first part of the plan is focused on jobs: the government will invest heavily in infrastructure, clean energy, and manufacturing, creating an estimated five million new jobs. The second part of the plan is focused on education, training, and benefits to bring individuals back into the job market. In other words, jobs, jobs, and more jobs. Jobs and training programs that are funded by the government. This is the perfect recipe for five million new potential whistleblowers under the False Claims Act. The False Claims Act... --- - Published: 2021-05-07 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/partner-jason-marcus-interviewed-by-false-claims-act-insider-webcast/ - Categories: Bracker & Marcus Firm News & Updates Jason Marcus was recently invited to be a guest on a new web series about the False Claims Act hosted by fellow qui tam attorney Tony Munter. They talked a little about relator bankruptcies, Bracker & Marcus’ practice of taking smaller cases that other firms might not, the uptick in genetic testing fraud, litigating declined cases, and more. You can see the full interview here, and book your free evaluation with one of our Atlanta whistleblower attorneys. --- - Published: 2021-04-22 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/whats-all-this-about-ppp-loan-fraud/ - Categories: Government Fraud Blog, Whistleblower Blog & News The Paycheck Protection Program has already been defrauded out of millions of dollars. One of the hottest areas for fraud against the government right now is Paycheck Protection Program (PPP) loan fraud. The federal government has authorized nearly a trillion dollars in funds to be dispensed to individuals and businesses to keep the economy afloat during these difficult times. Whenever the government is giving away money, there are certain to be fraudsters violating the False Claims Act. Hear how the PPP Loan program works (or, at least, was designed to work) from a government fraud attorney. The PPP Loan Program Based on the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, Pub. L. 116–136) the Small Business Administration (SBA) received funding and authority to modify its existing loan programs and establish a new loan program. The goal is to assist small businesses nationwide that had been or were expected to be adversely impacted by the pandemic. Specifically, Section 1102 of the CARES Act authorized the SBA to guarantee 100 percent of certain loans under a new program titled the “Paycheck Protection Program. ” From a high level, the PPP Loan Program is supposed to work like this: small businesses apply for a loan through an SBA-approved lender, which reviews the application and decides if the loan should be issued. The integrity of the program relies on the integrity of this underwriting process, so lenders are expected to follow well-established guidelines and requirements, most of which have been around for... --- - Published: 2021-04-08 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/bracker-marcus-llc-wins-federal-appeal/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog, Whistleblower Blog & News, Whistleblower Retaliation Blog The Sixth Circuit held that the False Claims Act anti-retaliation provision applies to retaliatory acts performed after the employment is terminated. On March 31, 2021, I had what I can only describe as a career highlight - a winning opinion for my client in a matter I had briefed and argued before the Sixth Circuit Court of Appeals. Very few attorneys have the opportunity to argue cases before the Courts of Appeals, so that alone was exciting. Our cause was just, but the deck was stacked against us. You can imagine how thrilled we all were at the outcome! This blog is my attempt to explain, with minimal legalese, exactly what was at issue in the case and what the Court of Appeals had to say. Dr. Felten alleges that Beaumont Hospital fired him after discovering he was a whistleblower and then blackballed him in the industry. The following are allegations from Dr. Felten’s lawsuit; the facts of the case have not yet been proven in a court of law. On August 30, 2010, Dr. David Felten filed a qui tam complaint alleging that his then-employer, William Beaumont Hospital, paid kickbacks to various physicians and physicians’ groups in exchange for referrals of Medicare, Medicaid, and TRICARE in violation of the Anti-Kickback Statute and Stark Laws. In addition, Dr. Felten alleged that Beaumont had already retaliated against him in violation of 31 U. S. C. § 3730(h) and Mich. Comp. Laws § 400. 610c by “continuously and increasingly marginaliz,” reducing his... --- - Published: 2021-03-17 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/the-department-of-justice-announces-false-claims-act-enforcement-priorities/ - Categories: False Claims Act Blog, Whistleblower Blog & News Acting Assistant Attorney General Brian M. Boynton provided remarks on February 17, 2021 at the annual Federal Bar Association’s Qui Tam Conference. The remarks include the U. S. Department of Justice’s (DOJ) ongoing enforcement priorities related to the federal False Claims Act (FCA). Mr. Boynton highlighted six areas of fraudulent conduct that DOJ will be particularly focused on. Pandemic Relief Rightfully, the first priority Mr. Boynton highlighted was fraud related to the significant funds earmarked for COVID-19 pandemic relief. Congress has made $659 billion of relief available to the U. S. Small Business Administration (SBA) through the CARES Act and the PPP loan program. Eligible small businesses can access these funds to help weather the economic crisis brought about by the COVID-19 pandemic. For those funds to be rapidly dispersed to needy businesses, red tape and other administrative safeguards were minimized, making the program ripe for fraudulent behavior. “The vast majority of the funds distributed under these programs have gone to eligible recipients. Unfortunately, however, some individuals and businesses applied for – and received – payments to which they were not entitled,” Boynton explained. Boynton further explained that the FCA is the tool to combat this type of fraud, stating, “The circumstances of the current pandemic may be novel, but the inevitable fraud schemes it will produce will in many cases resemble misconduct that the False Claims Act has long been used to address. ” Our Atlanta whistleblower attorneys have received many reports of fraud against these federal programs. Undoubtedly,... --- - Published: 2021-03-04 - Modified: 2024-10-18 - URL: https://www.fcacounsel.com/blog/the-bibby-saga-part-ii-living-in-a-materiality-world/ - Categories: False Claims Act Blog, Whistleblower Blog & News In our previous blog on the Bibby case, we discussed the importance of the seal in False Claims Act (FCA) litigation. In our second installment of teaching moments from the Bibby case, we now will cover the “materiality” element of a False Claims Act claim. But what exactly is “materiality” and why is it important to a whistleblower claim under the False Claims Act? Glad you asked - the Atlanta whistleblower attorneys at Bracker & Marcus LLC are always happy to explain it for you! Review of the False Claims Act and the Materiality Element First, let’s review what the False Claims Act is and the elements you need to prove in a False Claims Act claim. The False Claims Act imposes civil liability on “any person who ... knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval” or “knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim” paid by the government. 31 U. S. C. § 3729(a)(1)(A) & (B). The basic elements of a False Claims Act claim are: (1) a false statement or fraudulent course of conduct that was (2) knowingly made or carried out (called “scienter” in legalese), (3) that was material, and (4) caused the government to pay out money or not collect money due to it. Since the 2016 Supreme Court case of United Health Servs. , Inc. v. United States ex rel. Escobar, 136... --- - Published: 2021-02-18 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/bracker-marcus-llc-partners-honored-by-super-lawyers-magazine/ - Categories: Bracker & Marcus Firm News & Updates 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 every year since 2016. Each year, no more than five percent of the lawyers in the state of Georgia are selected by the publication’s research team to receive the honor of being named a Super Lawyer. No more than 2. 5 percent of the lawyers in the state are named to its list of Rising Stars. Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys. When you entrust your False Claims Act case to one of our Atlanta whistleblower attorneys, rest assured you are teaming up with some of the most dedicated (and decorated) legal professionals in the state. --- - Published: 2021-02-08 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/anti-kickback-statute/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog 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 received: (1) A draft of the Centers for Medicare & Medicaid Services’ (CMS) final rule regarding Stark Law, the more common name for Medicare’s physician self-referral law; (2) A press release and fact sheet explaining how the new Rule affects the Stark Law; and (3) A draft of the final revisions to safe harbors under the Anti-Kickback Statute (AKS). In all, we were gifted with 1,627 pages to read and digest. This blog continues our review of these materials by addressing the draft of the final revisions to safe harbors under the Anti-Kickback Statute that was published by the Office of Inspector General for the Department of Health and Human Services (OIG). Background: The Anti-Kickback Statute The Anti-Kickback Statute prohibits knowingly and willfully paying or receiving remuneration in exchange for federal healthcare program referrals. Let’s break those elements down. To be a violation of the AKS, a situation would have to be a “yes” on each of these questions: Did one health care provider pay another “remuneration”? As with “financial relationship” under the Stark Law, “remuneration” is broadly defined. It can include cash but also reduced rent, reduced contract pricing, gift cards, fancy dinners, trips, etc. Was the purpose of the remuneration to induce or reward referrals? Key to this would be whether the remuneration is “volume-based,” because if you are paying someone on a... --- - Published: 2021-01-20 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/cms-issues-final-rule-with-changes-and-clarifications-to-the-stark-law/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog 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 of the Centers for Medicare & Medicaid Services’ (CMS) final Rule regarding the Physician Self-Referral Law (Stark Law), which prohibits health care providers from referring to themselves without disclosure; (2) A press release and fact sheet explaining how the new Rule affects the Stark Law; and (3) A draft of the final revisions to safe harbors under the Anti-Kickback Statute, which prohibits health care providers from paying others for referrals. In all, we were gifted with 1,627 pages to read and digest along with our turkey. This blog takes a look at the two Stark-related publications. A second installment will address the Anti-Kickback Statute. Background: The Stark Law The Stark Law, which was passed in 1989, generally prohibits doctors from making referrals for certain healthcare services to entities with which the doctor or a family member has a financial relationship. For example, unless an exception applies, a general practitioner cannot refer patients to a specialist practice owned by his wife. Similarly, unless an exception applies, an orthopedist who owns an X-ray company cannot send her patients to her own X-ray facility. The Stark Law is a “strict liability” statute, which means you don’t have to “intend” to violate it. If a doctor engages in prohibited self-dealing, they have violated the statute. Moreover, if the Stark Law is violated, both sides of the transaction are tainted.... --- - Published: 2021-01-05 - Modified: 2024-09-27 - URL: https://www.fcacounsel.com/blog/bracker-marcus-llc-2020-year-in-review/ - Categories: Bracker & Marcus Firm News & Updates Happy New Year, whistleblower blog readers! Today, I am looking back on the unexpected year that was 2020. For our firm, it was a transitional year, as we expanded, moved, and even recovered a little money for the federal government. And like most, if not all of you, we are excited for 2021! COVID-19 Impacts Firm Operations, Cases COVID, the elephant in the room for any yearly recap, was of course no fun for anybody. On a local level, it drove us all out of the office and into the solitude of our home offices. Our meetings with clients and the government took place on computer monitors. What we lost in fellowship was mitigated by a reduction of time stuck in Atlanta traffic. Not to mention, the joys of seeing Assistant United States Attorneys lose the suit and tie, as well as their collective composure when children and dogs barged in on important meetings. Still, it will be nice to get back to seeing our friends and colleagues in person. On a False Claims Act level, the consequences were severe. Not just at our firm, but nationwide, fewer cases were resolved last year. Jury trials have been delayed for months in courts throughout the country. Government investigations and discovery screeched to a halt as defendants were unable to even staff their offices for document productions. Witness interviews and depositions became highly problematic ventures. Healthcare cases in particular took a dive, as providers were slightly more preoccupied with other matters. And... --- - Published: 2020-12-03 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/whistleblower-retaliation-2/ - Categories: False Claims Act Blog, Whistleblower Blog & News It is important to hire competent False Claims Act counsel to protect you from employer retaliation. The Federal False Claims Act and those states that have passed state-level FCA statutes rightly incentivize whistleblowers to step forward and help stop and prevent fraud against taxpayers and public funds. Various other federal agencies not covered by the FCA have instituted their own whistleblower programs to do the same, such as the Internal Revenue Service (IRS) and U. S. Securities and Exchange Commission (SEC). Media headlines document the millions and sometimes billions of dollars that are recovered under these respective statutes and programs. However, the practical realities of being a whistleblower are not glamorous or easy. The majority of cases result in no financial rewards for the would-be whistleblower attempting to do right. Courage and Sacrifice: The Truth About Whistleblowers We see it in our practice daily; someone reaches out to our office because they know of wrongdoing at their job. They may work in a hospital, specialty practice, or for a government contractor doing work on behalf of the government or selling products to government agencies. Something fishy is going on, so they report it to a supervisor or other superior. Nothing is done by management and the employee has decided to call a lawyer to discuss. (Important note here to would-be fraudsters: Take employee internal complaints seriously. In most, if not all, of the cases we file under FCA or state statutes, had the employer done right by the whistleblower when... --- - Published: 2020-10-26 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/give-me-your-tired-your-poor-your-huddled-masses-yearning-to-breathe-free/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog Bracker & Marcus LLC Litigates False Claims Act Cases That Other Relator’s Counsel Turns Away In last week’s blog post, I mentioned that Bracker & Marcus LLC practices differently from a lot of other firms. While I have the utmost respect for our colleagues in the relator’s bar and understand that they have to make difficult decisions based on completely different factors than we do, I couldn’t help but feel great about the “unicorn” law practice that we have built. What Sets Bracker & Marcus LLC Apart Here are some of the realizations I had about what distinguishes us from other plaintiff’s firms: Our clients are always dealing with an experienced False Claims Act attorney. Even our new counsel additions, Anna Dover and Nathan Peak, were partners in charge of the qui tam groups at their previous firms. When speaking with clients past and present, we hear repeatedly how meaningful it is that they are never handed off to an associate or paralegal. Our clients have regular, direct contact with us. Much like the above point, they send us emails directly and we respond. If we are not immediately available to take calls, we schedule something soon thereafter. Our clients are never struggling to get in touch with their lawyers. As mentioned above, we take cases of all sizes. Some firms will not even consider offering representation unless the damages are in the millions or even tens of millions. As long as the damages are more than the costs of... --- - Published: 2020-10-19 - Modified: 2023-09-06 - URL: https://www.fcacounsel.com/blog/lets-give-them-something-to-talk-about/ - Categories: Bracker & Marcus Firm News & Updates How about the False Claims Act, Act, Act? As we enter day 845 (approximately) of quarantine, the regular qui tam conferences that we have come to enjoy every fall, winter, and spring soldier on in a virtual format. And with them, Julie and I have the honor of being talking heads on webinar panels, discussing the False Claims Act, whistleblowers, and other aspects of representing relators in qui tam cases. Look Out for Our Upcoming Speaking Engagements I kicked things off last week with the Federal Bar Association Qui Tam Section’s “False Claims Act Today” panel for the Districts of Vermont and New Hampshire. These presentations travel around the country to different districts to discuss different U. S. Attorney’s offices, courts, and qui tam relator and defense practices. When I volunteered to help set the event up, I had visions of traveling to New England and driving with my wife through the fall foliage. Instead, I sat in front of a painting of fall foliage in my dining room as we presented our thoughts and ideas via Zoom. At the end of the month, Julie and I will each be presenting to other relator’s counsel at the Taxpayers Against Fraud annual conference. Julie will be discussing best practices for litigating cases with multiple relators. I will be presenting on the very sexy and exciting topic of how bankruptcies filed by relators or defendants affect False Claims Act cases. I will also be speaking to the membership about the amazing progress... --- - Published: 2020-09-30 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/remembering-justice-ruth-bader-ginsburg-champion-of-equality/ - Categories: Bracker & Marcus Firm News & Updates The recent passing of Ruth Bader Ginsburg, Associate Justice of the Supreme Court, caused me to take a step back and reflect on her career as a mammoth figure in American Jurisprudence. I have known her as a member of the Supreme Court since I was a teenager. Her career as an appellate judge for the United States Court of Appeals for the District of Columbia Circuit in Washington, D. C. began when I was six months old. I was less familiar with her career as a lawyer and with her death came the opportunity to remember and study her amazing career as a lawyer, an appellate judge, and justice. Ginsburg’s Commitment to Gender Equality In her career as a lawyer and advocate, Ginsburg probably did more for gender equality under the law than any other single person in American history. She fought institutional inequality with determination, great legal skill, and most amazingly to me, courage, personal resilience, and strength. I cannot imagine the strength it took to make it your life’s work to get up daily to change both a legal and social structure that was stacked against you. She did it. Her fight for gender equality as a practicing lawyer culminated in the 1970s when she argued six cases in front of the Supreme Court, winning five of them. All were gender equality cases. Maybe it was her plan all along to fight for gender equality. Or, maybe events in her own life inspired her to do so.... --- - Published: 2020-09-18 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/whistleblowers-continue-to-make-news-to-the-benefit-of-us-all/ - Categories: Bracker & Marcus Firm News & Updates, Healthcare Fraud Blog, Whistleblower Blog & News False Claims Act defendant Mahendra Amin, M. D. is back in the news for allegations of medically unnecessary procedures on detained immigrants. In April 2015, the United States and the State of Georgia announced a False Claims Act settlement with the Hospital Authority of Irwin County and certain doctors in a qui tam lawsuit that Julie and I filed. While the monetary settlement was of a relatively nominal amount, we were gratified by what we understood to be a Corporate Integrity Agreement that would significantly improve patient care in this rural area. Although this was one of our smallest settlements in dollars, it was one of our proudest and most important accomplishments as Atlanta False Claims Act lawyers. One of the defendants in that action, Dr. Mahendra Amin, is back in the news as a whistleblower has alleged that Dr. Amin gave unnecessary hysterectomies to women detained at a U. S. Immigration and Customs Enforcement facility. And so our case and our former clients are also back in the news as well, with the complaint and settlement having been re-published by prominent media. We do not represent the new whistleblower, and so we have no comment on these new horrific allegations. We can say that we are deeply saddened if they are true. Our original False Claims Act complaint and the resulting settlement speak for themselves, and so they too require no additional comment. Whistleblowers Uncover That Which Outside Observers Cannot So instead, I will use this opportunity to speak... --- - Published: 2020-08-28 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/partner-julie-bracker-named-to-the-vanderbilt-university-law-school-board-of-advisors/ - Categories: Bracker & Marcus Firm News & Updates The Vanderbilt Law School Board of Advisors plays a vital role in carrying out the school's mission to provide students an excellent legal education. According to the organization, the Board's members are valued stakeholders committed to: Supporting the school's academic programs by lending input regarding curriculum enhancement and/or serving as adjunct faculty. Offering advice and counsel as the school's academic programs evolve. Investing in the school financially and encouraging other alumni and friends to do the same. Reaching out to prospective students with strong potential and sharing the Vanderbilt Law School experience to attract the brightest and most talented to Vanderbilt. Mentoring students and recent graduates. Recruiting and interviewing students for placement in exciting careers in both the private and public sectors. Julie will be serving a three-year term on the Board. Join us in congratulating her! --- - Published: 2020-08-20 - Modified: 2024-09-27 - URL: https://www.fcacounsel.com/blog/georgia-on-my-mind/ - Categories: Bracker & Marcus Firm News & Updates Georgia has three excellent jurisdictions for filing False Claims Act cases. We here at Bracker & Marcus LLC like Georgia a lot. Sweet tea, college football (Go Dawgs! ), peaches, mild winters, fried chicken. It’s little wonder that we decided to make Atlanta our home. But Georgia is more than just the home of great whistleblower lawyers and good food: we also have three fantastic United States Attorneys’ Offices, in the Northern, Middle, and Southern Districts of Georgia. We know all three extremely well; our firm has twenty-nine open False Claims Act cases across the state. Since 2015, it has settled more than a dozen other qui tam cases. One thing you may notice as you check out the maps below is that they don’t exactly conform to their names. For example, Athens (in northeast Georgia) and Valdosta (on the Georgia-Florida border) are both in the Middle District. This is because until 1926, there were only two districts, and so the newly-formed Middle District took pieces from the other two. Northern District of Georgia Atlanta is the ninth-largest metro area in the nation and is home to over six million people. Therefore, the Northern District of Georgia houses the largest U. S. Attorney’s Office in the state and handles the most qui tam cases by far. Located in downtown Atlanta, about 20 minutes from the busiest airport in the world, the Northern District investigates a high volume of local cases (such as this $16 million settlement with an Atlanta-based hospital... --- - Published: 2020-08-06 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/theres-no-place-like-home/ - Categories: Government Fraud Blog, Healthcare Fraud Blog, Whistleblower Blog & News Qui Tam Filings are Abundant around Washington, D. C. , Home of Most of the Nation’s Federal Agencies I was born and raised in Manhattan, Kansas. The Little Apple, as it is affectionately called. A wonderful place to grow up. Now, the Washington, D. C. metro area is home for me and has been for the last 18 years. In fact, I have lived nowhere else for a longer duration. I moved here in 2002 to attend law school, graduated three years later, and have been practicing in the D. C. metro area for my entire legal career. At first, my practice was not focused on the False Claims Act (FCA), but it eventually found me, and my career became fully dedicated to helping whistleblowers reveal fraud. In my experience, the D. C. area United States Attorney’s Offices are particularly adept at handling False Claims Act cases. This is largely because the federal courts (the District Courts for the District of Columbia, Eastern District of Virginia, and District of Maryland) see a high volume of cases filed. These districts have within their jurisdictions a number of federal agencies and a high concentration of government contractors. Federal agencies plus federal contractors equal fraud against the government! The District of Maryland is a Hotbed of Healthcare Fraud The Centers for Medicare & Medicaid Services (commonly known as CMS) are headquartered in Maryland. Healthcare fraud accounts for the highest percentage of monetary recoveries by industry under the FCA. Therefore, the Maryland federal courts... --- - Published: 2020-07-30 - Modified: 2025-07-25 - URL: http://www.fcacounsel.com/blog/comfort-community-center-llc-settles-false-claims-act-allegations-for-150000/ - Categories: False Claims Act Blog, FCA Settlements, Whistleblower Blog & News, Whistleblower Retaliation Blog Whistleblower Alleged that the Adult Day Care Provider Overbilled Georgia Medicaid for Developmentally Disabled Adults Bracker & Marcus LLC is pleased to announce a $150,000 False Claims Act settlement with Comfort Community Center, LLC, and its owner. The settlement resolves allegations filed by their client. Comfort Community Center is a for-profit provider of services to adults with behavioral and developmental disabilities, mental health diagnoses, and traumatic brain injuries. The whistleblower served as Comfort Community Center’s Program Director for approximately six months beginning in 2013. Developmental Disabilities and the Medicaid Waiver Program A developmental disability is defined by the Georgia Department of Behavioral Health and Developmental Disabilities (DBHDD) as a cognitive and/or physical impairment that continues indefinitely. It manifests before the age of 22 and results in limitation in at least three of the areas of self-care, receptive/expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency. Nationally, one out of every six families is affected by some type of developmental disability, such as autism, cerebral palsy, Down’s syndrome, epilepsy, or neurological impairment. There are approximately 98,000 people in Georgia living with a developmental disability. The financial impact on these families is staggering; it costs two to three times more to care for a loved one with a disability compared to someone without a disability. Compounding the problem, 53% of Georgia households with a disabled member have annual incomes under $30,000, and 29% have annual family incomes under $15,000. About 28% of children with disabilities live in poverty. Once... --- - Published: 2020-07-13 - Modified: 2025-07-25 - URL: http://www.fcacounsel.com/blog/universal-health-services-inc-settles-false-claims-act-allegations-for-117-million/ - Categories: False Claims Act Blog, FCA Settlements, Healthcare Fraud Blog, Whistleblower Blog & News The settlement resolves eighteen qui tam lawsuits alleging healthcare fraud and mistreatment of psychiatric and behavioral health patients. Bracker & Marcus LLC is pleased to announce a $117 million False Claims Act settlement with Universal Health Services, Incorporated (UHS). The settlement resolves eighteen whistleblower lawsuits filed against the hospital system, including a qui tam claim filed by its client, Heidi Parent-Leonard. Coming Together to Protect Fragile Citizens UHS owns and provides services to nearly 200 inpatient psychiatric and behavioral treatment facilities nationwide, including Forest View Psychiatric Hospital in Grand Rapids, Michigan. When social worker Heidi Parent-Leonard began working as a case manager at Forest View, she was stunned by the inadequacy of the services being provided. “ would line patients up in the hallway and spend five minutes talking to each, one after another,” said Ms. Parent-Leonard. “Nobody was getting the help they needed. ” These brief meetings, Ms. Parent-Leonard alleged, were billed to Medicare and Medicaid as costly therapy sessions. Ms. Parent-Leonard also alleged that the hospital admitted ineligible and under-medicated patients to lengthen their stays. After reporting her concerns to the Centers for Medicare & Medicaid Services (CMS), Ms. Parent-Leonard retained Bracker & Marcus LLC to file one of the eighteen qui tam lawsuits that would ultimately be brought against UHS. The $117 million settlement resolves allegations that UHS billed for medically unnecessary inpatient behavioral health services and failed to provide adequate and appropriate services at facilities throughout the country. “I'm both proud and grateful that the situation... --- - Published: 2020-06-29 - Modified: 2024-06-21 - URL: https://www.fcacounsel.com/blog/happy-hour-with-pigs-and-chickens/ - Categories: Bracker & Marcus Firm News & Updates Farm Subsidy Fraud is a False Claims Act Violation Two things conspired to make Friday Happy Hour a 2020 tradition at Bracker & Marcus LLC. First, there was the small matter of a worldwide pandemic. We were already cloud-based and capable of working from “virtually” anywhere. However, the advent of digital learning (also known as “teach your kids at home days”), not to mention the very real concerns about the spreading virus, meant that the then-three of us needed to get serious about working from home for a while. Without the casual updates that normally occur in an office setting, we needed to find a time to connect. Second, in March and April, Bracker & Marcus LLC grew team grew, adding Nathan Peak in Washington, D. C. Both are experienced False Claims Act litigators, but they needed to be brought into the fold of the firm, from the minute (“always use Oxford commas” and “only one space after a period”), to big-picture discussions such as case matters and legal questions. Simply put, we now had a law firm of four attorneys and an office manager paralegal, none of whom were physically sharing space. Zoom Happy Hour with Bracker & Marcus LLC To stay connected, we began the Bracker & Marcus LLC Friday afternoon Zoom Happy Hour. We use the time to discuss potential clients, share interesting discoveries made during the week, provide updates on existing cases, and, of course, share personal stories. Last week, it was Mr. Speckles’ hair-raising adventures... --- - Published: 2020-06-20 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/sec-issues-50-million-award-to-whistleblower-its-biggest-award-ever/ - Categories: Financial Fraud Blog, Whistleblower Blog & News Bracker & Marcus LLC not only represents whistleblowers in False Claims Act cases, but we also represent whistleblowers reporting tax fraud or U. S. Securities and Exchange Commission (SEC) violations. This blog will look primarily at the SEC whistleblower program. Whistleblower Awards Are Worth the Wait The SEC has a whistleblower rewards program that awards between 10% and 30% of money collected from tips that result in over $1,000,000 in sanctions. More than 33,000 whistleblower submissions have been filed with the SEC since its whistleblower program was established in 2011. However, it is extremely picky in which cases it pursues. The SEC averages approximately eight whistleblower awards per year, and the cases can take a long time. Many take 24 months between case opening and the filing of an enforcement action, but 37 months for financial fraud and issuer disclosure cases. Actual payouts to the whistleblowers sometimes take up to five years longer. But when there are finally payouts, they are frequently in the tens of millions of dollars. Such is the case of a recent whistleblower award, the largest ever awarded by the SEC in the history of the program. In June 2020, the whistleblower received a $50 million award for reporting a scheme by the Bank of New York Mellon. The scheme found the bank “giving pension funds less-than-desirable exchange rates” when exchanging foreign currency, resulting in a windfall for the bank. In 2015, the Bank of New York Mellon settled with the SEC for more than $700... --- - Published: 2020-06-13 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/marching-to-justice-peaceful-protests-sweep-the-nation/ - Categories: Bracker & Marcus Firm News & Updates Washington D. C. is no stranger to protests. As a longtime resident of D. C. , I can observe a protest concerning just about any subject you can think of on any given day. Which is as it should be. It's no accident that the right to free speech, along with its corporate form, the right to peacefully assemble and petition the government for redress of grievances, are both in the very front of the Bill of Rights. Our country is founded on that triple pillar. D. C. Residents Peacefully Unite for Justice This week, the protests have been different - both in the scale of participation, which you would expect, and in the composition of those participating. On the afternoon of June 2nd, 2020, I strapped my ten-month-old daughter to my chest, and the two of us attended a march on Fourteenth Street. If you want an idea of how peaceful it was, picture Evelyn, smiling and laughing as we marched. The child of two lawyers, Evelyn is starting early in her quest for justice! The crowd cut across all demographics, from ethnic background, to age, to socioeconomic status and beyond. They were peaceful, they were full of energy, and they show a level of support for the Black Lives Matter movement that is new and exciting. Later that evening, I attended another gathering in Logan’s Circle, during which the peaceful crowd took a knee for the 8:46 seconds - the same amount of time that Officer Chauvin had... --- - Published: 2020-05-19 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/who-cares-about-ppp-fraud-we-do/ - Categories: False Claims Act Blog Fradulent PPP Loan Certifications Can Create False Claims Act Liability The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law on March 27, 2020. This over $2 trillion economic relief package, passed amid the unprecedented economic conditions resulting from the global coronavirus pandemic, includes the Payroll Protection Program or “PPP” for small businesses. In short, the program authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis. All loan terms are the same for everyone. The loan amounts will be forgiven as long as: 1) The loan proceeds are used to cover payroll costs, and most mortgage interest, rent, and utility costs over the 8 week period after the loan is made; and 2) Employee and compensation levels are maintained. Fraud surrounding these programs—by fraudulently obtaining PPP funds, misusing them, or lying to get loans forgiven—is likely to be the basis for False Claims Act cases for years to come. Given the pressure on financial institutions to issue these loans and the high number of applications, the likelihood of fraudulent loan applications and those looking to take advantage of the crisis is high. For example, the first criminal charges were announced on May 5, when two businessmen in Rhode Island were charged in connection with submitting fraudulent PPP loan applications for more than half a million dollars of taxpayer funds by allegedly falsely certifying payroll costs for businesses that they did not own, were... --- - Published: 2020-05-07 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/congrats-to-partner-julie-bracker/ - Categories: Bracker & Marcus Firm News & Updates For the fifth year in a row, Julie has been chosen for the Women in Law Award from Lawyer Monthly, in recognition of her outstanding legal expertise and contribution within the practice area of Employment. Congrats! --- - Published: 2020-05-01 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/irs-whistleblower-awards-2019/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog, Whistleblower Blog & News IRS Whistleblowers Were Paid More than $120 Million The IRS recently issued its annual report for Fiscal Year 2019 Whistleblower Awards, disclosing that made 181 awards totaling more than $120 million, with total recoveries of over $616 million. This actually represented a decrease in the total number of awards from 217 in 2018 to 181 in 2019. Substantial changes were made to the IRS whistleblower program in 2019, including a mandate from Congress that it now disclose to whistleblowers whether the IRS referred the information for audit or examination; whether a payment of tax was made with respect to an issue raised by the whistleblower; and upon written request, provide information on the status and stage of any investigation or action related to such information, and in the case of a determination of the amount of any award under section 7623(b), the reason for such determination. Successful IRS whistleblower cases take on average 8 years to investigate and resolve. Although awards to relators are few, they can be considerable. Moreover, unlike other qui tam statutes, the IRS whistleblower statute may allow you to remain anonymous. Bracker & Marcus LLC represents IRS whistleblowers. If you are aware of an individual with gross income of over $200,000 who is cheating on his or her taxes, or of a corporate entity committing at least $2 million in tax fraud, please contact us immediately to discuss your potential case. --- - Published: 2020-04-14 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/bracker-marcus-adds-nathan-peak-as-counsel/ - Categories: Bracker & Marcus Firm News & Updates Nate brings over a decade of experience litigating declined False Claims Act cases Bracker & Marcus LLC is excited to announce the newest addition to its team: Nathan Peak! False Claims Act Attorney Nathan M. Peak Nathan joins us after more than a decade successfully representing whistleblowers in False Claims Act matters with the renowned Washington, D. C. plaintiff’s firm of Ashcraft & Gerel. As but one example, in 2014 he and his practice group completed a $35 million settlement of a partially intervened case against Columbus Regional Hospital System in the Middle District of Georgia. In 2015, Nate was named Partner and was promoted to lead the firm’s False Claims Act practice. After Nate’s wife recently gave birth to their first child, Nate had a Jerry Maguire epiphany: he decided to step back from the rigorous demands of leading a big law practice group and get back to what he enjoyed most, working closely with the individual clients to pursue justice on behalf of the American taxpayers. Nathan will be immediately providing assistance in our existing cases, as well as taking lead on new cases for the firm. Nate will be working out of his home in Washington, D. C. , assisted by his faithful companion, Mr. Speckles. Mr. Speckles Welcome, Nate! --- - Published: 2020-03-31 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/watch-out-for-coronavirus-scams/ - Categories: Bracker & Marcus Firm News & Updates, Healthcare Fraud Blog Last week, we posted a reminder to watch out for COVID-related scams that could potentially lead to False Claims Act cases. As the virus gets worse, the scams get worse. Here is a list of scams that various United States Attorneys’ Offices have already seen: Seeking donations for illegitimate or non-existent charitable organizations. Check scams, contacting people by phone or e-mail and telling them that their stimulus checks are ready and asking for bank account and Social Security numbers, resulting in identity theft. Offering to sell fake cures, vaccines, and advice on unproven treatments for COVID-19. Some scammers are impersonating governmental organizations, such as the Centers for Disease Control and Prevention (CDC) and urging people to reserve a vaccine for COVID-19 with their credit card and to provide personal information such as a Social Security Number. Impersonating organizations such as the Red Cross, and offering COVID-19 home tests door-to-door. Creating fake shops, websites, social media accounts, and email addresses claiming to sell medical supplies such as surgical masks. Posing as representatives of national and global health authorities, including the World Health Organization (WHO) and the CDC, sending phishing emails designed to trick recipients into clicking on a link or opening an attachment that downloads malware and gains access to personal information, including usernames, credit card numbers and passwords. Creating and manipulating mobile apps and websites purportedly designed to track the spread of COVID-19 but actually used to insert malware that will compromise users’ devices and personal information, then seeking payment... --- - Published: 2020-03-25 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/reminder-to-report-suspected-covid-19-fraud/ - Categories: False Claims Act Blog, Healthcare Fraud Blog Fraud Against Medicare Beneficiaries Likely Due to Vulnerability Unfortunately in times of crisis, there are predators looking for opportunities to benefit. The Department of Justice announced this week that it has taken its first action in federal court to combat fraud related to the coronavirus (COVID-19) pandemic. The enforcement action filed today in Austin against operators of a fraudulent website “coronavirusmedicalkit. com”. Information published on the website claimed to offer consumers access to World Health Organization (WHO) vaccine kits in exchange for a shipping charge of $4. 95, which consumers would pay by entering their credit card information on the website. In fact, there are currently no legitimate COVID-19 vaccines and the WHO is not distributing any such vaccine. In coordination with the Department of Justice, Attorney General William Barr has directed U. S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes. Undoubtedly, this will include schemes to defraud Medicare and Medicaid and other federal aid programs asserted under the False Claims Act. This could include medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures; or providers submitting claims for COVID-19 tests for patients who lacked any symptoms. “Along with our federal, state and local law enforcement partners, we continue to stand ready to enforce the laws of the United States and to address the public safety needs of our community”, said U. S. Attorney Peter G. Strasser. “Unfortunately, during times of crisis, criminals continue... --- - Published: 2020-03-19 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/jason-marcus-shaves-head-for-charity/ - Categories: Bracker & Marcus Firm News & Updates Thank you to everyone who gave to my St. Baldrick’s Foundation Fundraiser. We raised $2,178 for childhood cancer research. Friends, family, colleagues, and strangers all gave to this important cause. Over five events over the years, we have now raised a grant total of $6,428! See the aftermath below! Full(ish) head of hair Not thrilled with this look Looking more and more like my father The final result! Thanks again to everyone who contributed! --- - Published: 2020-03-05 - Modified: 2025-10-31 - URL: http://www.fcacounsel.com/blog/hospice-false-claims-act-settlement-stg-interim-gilley/ - Categories: False Claims Act Blog, FCA Settlements, Healthcare Fraud Blog Former Compliance Director Represented by Bracker & Marcus LLC Bracker & Marcus LLC is pleased to announce the intervention and settlement of claims of False Claims Act violations raised against a hospice care provider and two of its senior executives. STG Healthcare of Atlanta, Inc. will pay $1. 75 million to settle allegations that STG, operating as Interim Healthcare of Atlanta, admitted and billed Medicare and Medicaid for non-terminal patients. Hospice care focuses on the quality of life for patients who are experiencing an advanced, life-limiting illness, by providing compassionate care for those in the last phases of incurable disease so that their final days are lived as comfortably as possible. Medicare and Medicaid provide hospice care benefits to patients determined by a physician to be “terminally ill,” defined as having six months or less to live. The settlement covers allegations that most of the patients at the Interim facility were not terminally ill, yet were being certified and recertified for years without showing signs of declining health. STG was also alleged to have paid a physician who referred and admitted patients for hospice care as a ‘back up” medical director, but who did not legitimately serve as a hospice physician. This scheme generally arises when hospice management, rather than medical providers, make the ultimate determinations as to who should be admitted to hospice care, often with a focus on keeping their census up and their reimbursements high. They frequently set aggressive goals that require nursing staff to admit patients... --- - Published: 2020-02-27 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/2019-northern-district-georgia-recoveries/ - Categories: Bracker & Marcus Firm News & Updates Atlanta USAO participates in $169 million in recoveries in civil actions, including False Claims Act cases The United States Attorney’s Office for the Northern District of Georgia announced that in fiscal year 2019, it was directly and jointly responsible for over $169 million in collections. Of that amount, about $14. 5 million was collected in civil actions and over $145 million was recovered via joint investigations worked with other U. S. Attorney’s Offices and components of the Department of Justice. “Collecting restitution owed to victims of crime and recovering funds stolen from the federal government are among our highest priorities,” said U. S. Attorney BJay Pak. “We understand that deterring crime and fraudulent conduct requires that we create disincentives through aggressive collection efforts. Here in the Northern District of Georgia, crime doesn’t pay but persons who violate our laws do. ” The largest collection of over $108 million in criminal penalties and civil settlements was the result of a joint effort against the pharmaceutical manufacturer Avanir, which was alleged to have violated the Anti-Kickback Statute and the False Claims Act by paying doctors to become high prescribers of the drug Nuedexta to beneficiaries of federal healthcare programs. Avanir agreed to pay a monetary penalty in the amount of $7,800,000, and a forfeiture in the amount of $5,074,895. It also agreed to pay $95,972,017 to the United States to resolve allegations under the False Claims Act related to its marketing of Nuedexta. Since opening its doors in 2015, the attorneys at... --- - Published: 2020-02-21 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/jason-marcus-for-childhood-cancer-research/ - Categories: Bracker & Marcus Firm News & Updates On March 13, I am going to be shaving my head to raise money for childhood cancer research. This will be my fifth time participating in an event sponsored by the St. Baldrick's Foundation. I raised $725 in 2010, $1,050 in 2012, $1,225 in 2014, and $1,250 in 2017. So far in 2020, I have raised $1,788, topping my original goal of $1,500 (but short of my new goal of $2,000). Every two minutes, a child is diagnosed with cancer. There is a massive gap in funding between what the federal government and private organizations are offering for research grants, which St. Baldrick’s aims to fill with fundraising events throughout the country every March. Not helping matters, research grants may be defrauded, so that millions of dollars go to waste. (I had to sneak the False Claims Act in somehow; it is a whistleblower blog after all! )If you are interested in making a donation to fight childhood cancer, please click here. --- - Published: 2020-02-07 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/federal-government-intervention-bracker-marcus-mitias-orthopedics/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog, Healthcare Fraud Blog Relator Alleges Mitias Orthopaedics in New Albany, Mississippi Used and Billed for Non-Approved Injectable Devices Bracker & Marcus LLC is pleased to announce that the United States Attorney for the Northern District of Mississippi has intervened in its False Claims Act case against provider Mitias Orthopaedics. Bracker & Marcus LLC represents the qui tam relator, a former orthopedic product salesman who in 2015 reported his concerns that Mitias was injecting a non-approved product into its patients. Viscosupplements, such as Synvisc and Orthovisc, are injections approved by the Food and Drug Administration for the treatment of osteoarthritis pain in the knee. Mitias is alleged to have purchased and injected its patients with a viscosupplementation agent manufactured by a compound pharmacy. This is problematic for at least two reasons. First, because these are considered medical devices rather than drugs, most insurances (including Medicare) will only cover FDA-approved name brands (such as Synvisc or Orthovisc). A provider could not build its own knee-replacement device and expect Medicare to reimburse it. Second, this fact is reflected in the billing codes, as insurance pays different amounts for the different name brands. So by billing under the code for Synvisc, the provider is certifying that it injected the patient with Synvisc, not a generic product. Not only is there a safety concern of using non-FDA approved products, but a fraudulent billing component as well. This is the second viscosupplementation case brought by the attorneys at Bracker & Marcus LLC. The first, filed against Tennessee Orthopaedic Clinics... --- - Published: 2020-02-04 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/practice-fusion-admits-to-kickback-scheme/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog, Healthcare Fraud Blog Practice Fusion paying $118. 6 million in False Claims Act settlement; no underlying qui tam. Practice Fusion, creator of electronic health records (EHR) software, admits that it solicited and received kickbacks from a major opioid company in exchange for utilizing its EHR software to influence physician prescribing of opioid pain medications. In exchange for so-called “sponsorship” payments of almost $1 million, Practice Fusion’s software was designed to influence physicians’ prescribing of opioids via “clinical decision support” alerts. A pop-up would ask about a patient’s level of pain. A drop-down menu would then list treatments ranging from a referral to a pain specialist to a prescription for an opioid painkiller. Choose an option and the program would create a treatment plan. From 2016 to spring 2019, this occurred about 230 million times in tens of thousands of doctors’ offices. While the settlement does not name the drugmaker, other media sources report that it was Purdue, manufacturer of OxyContin. From the Department of Justice press release: “Practice Fusion’s conduct is abhorrent. During the height of the opioid crisis, the company took a million-dollar kickback to allow an opioid company to inject itself in the sacred doctor-patient relationship so that it could peddle even more of its highly addictive and dangerous opioids,” said Christina E. Nolan, U. S. Attorney for the District of Vermont. “The companies illegally conspired to allow the drug company to have its thumb on the scale at precisely the moment a doctor was making incredibly intimate, personal, and important... --- - Published: 2020-01-27 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/false-claims-act-postal-service-fraud/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog “Florida Man” defrauds the Post Office A Florida man could face up to 20 years in prison and up to $750,000 in fines for fraudulent claims against the United States Postal Service. Although he is being charged criminally, a whistleblower could just have easily filed suit under the federal False Claims Act, which applies to false claims from any government entity, including the U. S. Postal Service. The last big False Claims Act settlement related to the Post Office was a $5 million settlement with Lance Armstrong, who was famously sponsored by the USPS. Jim Garcia-Albarracin has been federally charged with running a $1. 5 million fraud for allegedly filing false claims on merchandise he sold with his online company. He was arrested last week and charged with 10 counts of mail fraud, 10 counts of wire fraud, and 12 counts of money laundering. Garcia-Albarracin sold a variety of products through online marketplaces such as Listia and eBay. He would then purchase insurance through USPS and allegedly later file a claim stating that the contents of the packages had been damaged. To receive compensation for his scheme, Garcia-Albarracin would allegedly provide fake photos that "purportedly depicted damage to the products," authorities said. He received payment from USPS via checks deposited to assorted accounts which would ultimately make their way to Garcia-Albarracin. Multiple accounts were designed "to conceal and disguise the nature, location, source, ownership, and control of the proceeds of the specified unlawful activity," according to the charging documents. Under... --- - Published: 2020-01-27 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/protecting-wildlife-with-qui-tam-statutes/ - Categories: Bracker & Marcus Firm News & Updates Protecting the Environment with Qui Tam Statutes Save the Manatees Central Florida is known for three things: healthcare fraud, Disney World, and manatees. After several visits to the U. S. Attorney’s Offices to assist with healthcare fraud cases last year, I was happy to make the trip not to prosecute a False Claims Act case, but rather to relax and swim with the manatees. It was an amazing experience, one I recommend for everyone (and if you do, please use a certified guide). These kind and beautiful creatures deserve our support, and if we want our children’s children to experience the same level of joy that can only come from the embrace of a 1,500 pound sea mammal, it is our obligation to protect not only endangered species, but also the seaways in which they live and the plant life upon which they feed. There are a handful of ways that whistleblowers can not only help the environment, but potentially recover a monetary award as well. One, of course, is the False Claims Act. If, for example, a government contractor agrees to abide by certain environmental regulations as part of its contract with the government, violations of those rules can form the basis of a qui tam action. Other examples can include underpayments of royalties by companies extracting national resources; misrepresenting compliance with environmental regulations or standards to avoid paying fines or to obtain tax credits; and of course false claims related to contractors specifically employed for environmental purposes, such... --- - Published: 2020-01-22 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/dc-false-claims-act-tax-fraud/ - Categories: False Claims Act Blog, Financial Fraud Blog Only two state False Claims Acts currently include a tax provision The District of Columbia is one of 31 “states” to have its own false claims act. Now, the district is considering legislation amending its False Claims Act to include tax fraud. The proposed amendment permits a false claims actions against a person so long as they “reported net income, sales, or revenue totaling $1 million or more in a tax filing to which that claim, record, or statement pertained, and the damages pleaded in the action total $350,000 or more. ” Because the current statute prohibits a tax claim, this would be a major amendment. Even the federal False Claims Act does not include tax fraud claims. Instead, the federal government relies upon an IRS whistleblower statute. Frequently, state tax fraud falls outside the scope of the IRS, as is the case with sales tax or ad valorem taxes. For this reason, New York and Illinois are two states that have effectively utilized a tax provision in their False Claims Act. In fact, New York state’s largest qui tam settlement was under this provision, when cell phone company Sprint paid $330 million to settle claims that it had avoided collecting and paying taxes on certain wireless phone plans. Although few states have tax reporting statutes, D. C. is already one of them! D. C. Code Ann. § 47-4111 provides up to a 10% reward on any recovery to tax informants. But simply put, there is no reason not to... --- - Published: 2020-01-16 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/genetic-testing-healthcare-fraud/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog, Healthcare Fraud Blog Genetic Testing Scams Violate the False Claims Act In September 2019, the Department of Justice announced that Operation Double Helix had resulted in 35 indictments of individuals associated with telemedicine companies and cancer genetic testing (CGx) and pharmacogenetic testing (PGx) laboratories for their alleged participation in one of the largest health care fraud schemes ever charged. According to the charges, these defendants fraudulently billed Medicare more than $2. 1 billion for genetic testing. Multiple indictments were issued here in Georgia, such as against the owners of LabSolutions in Atlanta and Clio Laboratories in Lawrenceville. The dominoes continue to fall on this genetic testing scheme. Last week, Ravitej Reddy, owner of Pittsburgh-area laboratories Personalized Genetics, LLC, d/b/a Personalized Genomics and Med Health Services Management, pleaded guilty to billing Medicare more than $127 million for CGx and PGx testing, with reimbursements of approximately $60 million, in just one calendar year. As part of his guilty plea, Reddy admitted that he and a group of co-conspirators—comprising of business consultants, marketers, and the operator of a telemedicine entity, among others—acquired thousands of testing samples from Medicare beneficiaries located throughout the United States, as well as the corresponding physician-ordered prescriptions needed to bill Medicare for CGx and PGx testing. The marketers induced beneficiaries to submit CGx and PGx specimens by means of cheek swabs sent to their homes or provided to them at purported "health fairs. ” Their pay was based on a percentage of the resulting Medicare reimbursements, which is an illegal kickback to... --- - Published: 2020-01-10 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/false-claims-act-2019/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog False Claims Act recoveries top $3 billion There were $3 billion in settlements and judgments reported by the government in fiscal year 2019, over $2. 1 billion of which arose from lawsuits filed under the qui tam provisions of the False Claims Act. The government paid out $265 million to the individuals who exposed fraud by filing qui tam lawsuits. The number of lawsuits filed under the qui tam provisions of the Act has grown significantly over the years, with 633 qui tam suits filed this past year – an average of more than 12 new cases every week. Of the more than $3 billion in settlements and judgments, $2. 6 billion relates to matters that involved the health care industry, including hospitals, physicians, pharmacies, drug and medical device manufacturers, managed care providers, hospice organizations, and laboratories. Much of that amount comes from the settlement of kickback cases. Moreover, this amount does not include recovery of additional millions of dollars for state Medicaid programs. Procurement fraud, involving the government’s purchase of goods and services, was a main focus of the DOJ this past year. Other non-healthcare cases included settlements “to protect our military by ensuring that government contractors provide equipment that is safe, effective, and cost efficient; to protect American businesses and workers by promoting compliance with customs laws, trade agreements, visa requirements, and small business protections; and to protect other critical government programs ranging from the provision of disaster relief funds to farming subsidies. ” “Whistleblowers continue to play... --- - Published: 2020-01-01 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/happy-2020/ - Categories: Bracker & Marcus Firm News & Updates We here at Bracker & Marcus LLC wish you all a happy and healthy new year! 2019 was a big year for our firm. In addition to finalizing an $84. 5 million False Claims Act settlement with a hospital chain alleged to have violated the Anti-Kickback Statute and Stark Law, we had three additional cases intervened and settled, including against a defense contractor and a compound pharmacy. We also filed over a dozen new False Claims Act cases as lead counsel and confidentially settled a number of whistleblower retaliation claims. Julie continued her good work educating young attorneys in the ways of the False Claims Act, as a member of the Taxpayers Against Fraud Education Committee and National Employment Lawyers Association Success Program. She also had numerous speaking engagements, including presenting to the Georgia Chapter of Certified Fraud Examiners. All while experiencing the parenting paradigm shift of raising a high school freshman and a fifth grader. Jason (who, after thirteen years of practice, can scarcely consider himself a “young lawyer”) founded the Young Lawyers Division of Taxpayers Against Fraud. He also successfully defended one of our whistleblower clients who was falsely accused of misusing company documents. He spoke about mediation at the False Claims Act Summit, had an article published by the Federal Bar Association, and was named an Attorney to Watch by Atlanta Attorney Magazine. And both Julie and Jason were again recognized by Super Lawyers Magazine. And yet we expect 2020—which also happens to be our five-year anniversary—to... --- - Published: 2019-12-23 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/georgia-medicaid-fraud-2019/ - Categories: Bracker & Marcus Firm News & Updates, False Claims Act Blog, Healthcare Fraud Blog A majority of False Claims Act cases filed by whistleblowers include allegations of Medicaid fraud Georgia Attorney General Chris Carr announced that the office’s Medicaid Fraud Division recovered more than $8. 5 million in taxpayer dollars in the 2019 federal fiscal year. Some of the recoveries were via qui tam cases (including by Bracker & Marcus LLC), brought under the Georgia False Medicaid Claims Act. “Through hard work and persistence, our Medicaid Fraud Division has once again recovered millions of dollars for the taxpayers of Georgia,” said Attorney General Chris Carr. “Fraud and abuse within our publicly-funded programs harms our state’s most vulnerable citizens, takes advantage of those who play by the rules, and will not be tolerated by our office. ” The Division has approximately 500 active investigations. Here are a few examples of Medicaid fraud: Mental health counselors billing the program for individual therapy services to juveniles when the children were simply attending an after-school daycare. Door-to-door “marketers” offering individuals cash or gift cards to provide their personally identifying health information that is later used to bill for medically unnecessary lab services. Scams involving durable medical equipment, such as back braces, where individuals receive this equipment without ever requesting or needing it. A physician billing for office visits when he is out of the country. Medical practices using unlicensed or untrained staff to provide services that require training and licensing from the State. The diversion of personally-directed waiver funds to individuals who never provide services to the Medicaid... --- - Published: 2019-12-13 - Modified: 2024-09-27 - URL: https://www.fcacounsel.com/blog/nfl-healthcare-fraud/ - Categories: Bracker & Marcus Firm News & Updates By far, the most common type of fraud to be prosecuted under the False Claims Act is healthcare fraud, the filing of false claims (or making of false records or statements) with Medicare, Medicaid, TRICARE, and other federally-funded insurance programs. The states of California and Illinois even have a private insurance whistleblower statute. A new twist on an old scheme, 10 former professional football players were charged with a conspiracy to defraud the NFL’s health care benefit program by submitting nearly $4 million in false claims for medical equipment, resulting in $3. 4 million in reimbursements. They allegedly fabricated letters, prescriptions, and invoices to prove they purchased medical equipment that they never actually purchased. They were not subtle with their fraud either; “the players claimed to have purchased hyperbaric oxygen chambers, ultrasound machines and electromagnetic therapy devices that were designed to be used on horses. ” Those charged include fan favorite Clinton Portis (career earnings of $43. 1 million). He retired in 2009, and filed for bankruptcy just a few years later. Another player likely to soon be charged was former receiver Joe Horn (career earnings of $36. 7 million), who achieved notoriety by pulling out a cell phone to celebrate a touchdown. Unfortunately for Horn and the others, healthcare fraud warrants more than a 15-yard penalty for unsportsmanlike conduct. --- - Published: 2019-11-27 - Modified: 2023-07-12 - URL: https://www.fcacounsel.com/blog/happy-thanksgiving-2019/ - Categories: Bracker & Marcus Firm News & Updates As we approach another Thanksgiving, our fifth since opening our doors, I cannot help but think of and be grateful for our clients. Right now, “whistleblower” is a buzz word in the media and politics after a CIA officer internally blew the whistle on alleged wrongdoing by our current administration. More than ever, people are recognizing the value of whistleblowers and the risks that whistleblowers face when trying to do the right thing. Although there is some debate about whether government whistleblowers are good guys or bad guys, unless you are a defense attorney, there is no debate in our field: our clients are always the good guys, standing up against the bad guys. The False Claims Act is a bipartisan bill because we all agree that fraud against the government is wrong and needs to be stopped. When I tell people that I practice False Claims Act law and represent brave whistleblowers, the response is a resounding “I like that. ” I am thankful this holiday to have found clients that make me so proud to represent them. Happy Thanksgiving to everyone. --- --- ## FAQs ---