Mississippi Lawyer Blog

A whistleblower is loosely defined as a person who reports to the government the conduct of a company that is either illegal or dishonest. Of course you could have a whistleblower who reports to the government on improper or illegal conduct by employees in government. Whistleblowers are protected under the False Claims Act, the Sarbanes-Oxley Act and many other federal laws. In fact there is not one law governing false claims or improper conduct by businesses or government but many laws depending on the type of fraud or waste.

The various federal and in some instances state laws that are enacted to protect whistleblowers do not always work perfectly. There are many reported cases where companies and government officials retaliated against the employee who reported improper or wrongful conduct and the employee had to go to court to protect his/her job. I do think that this area of the law is improving and we are witnessing much more employee protection than ever before in this country. There is actually an Office of Whistleblower Protection Program. One of the attractive features of many of the whistleblower laws is that they offer a financial incentive for reporting on departments in the government or businesses that engage in improper waste, spending, or violate laws. For example under the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) the Securities and Exchange Commission can provide money payments for people who report violations of security laws.

The term "qui tam" is also heard or written about in connection with a whistleblower action. Qui Tam is part of the False Claims Act which permits a private citizen with the help of an attorney to file a lawsuit against any company or person who may have committed fraud upon the United States Government. Once the lawsuit is filed and the government is notified, the government has the right to intervene and become a party to the lawsuit. Some of the "qui tam" whistleblower lawsuits have earned citizens millions of dollars for the fraud they reported.

You usually hear of large monetary awards in qui tam lawsuits or whistleblower actions involving medical fraud and waste. The Obama administration has made uncovering and preventing fraud in the health care field one of its priorities. Here are just a few of the major awards: JP Morgan paid $45 million to settle a whistleblower lawsuit alleging it charged veterans hidden fees in mortgage refinancing; BOA whistleblower gets $1 million;; Dynacorp agrees to pay $7.7 million in whistleblower case. At Coxwell & Associates we have helped people report medical fraud and abuse. The healthcare costs in this nation are rising astronomically. While lawsuits are blamed by big business and the insurance industry, the amount of money lost to fraud and waste is far in excess of the cost of medical negligence cases. Payments to people who have been injured by medical errors or negligence in this country amounts to less than 1% of the costs of medical care costs but medical waste and fraud is estimates at $700 billion a year. .

If you have knowledge of fraud or waste in government contracts, over-billing to the government in medical care cases, improper charges in mortgage cases, violations of the law dealing with securities do not hesitate to call and schedule an appointment with one of our attorneys. We are willing to help you investigate and explore the possibility of filing a whistleblower or qui tam case.

Continue reading "Whistleblowers Help Keep Businesses and Government Honest" »

Health care fraud and other types of fraud cost the taxpayers billions of dollars each year. It is hard to imagine how a company can get away with cheating the Government out of billions, but it happens of a frequent basis. As a taxpayer we should all want to prevent this type of conduct.

The United States Congress passed a law that is now commonly know as the Whistler Blower's Law. Attorneys usually call it the False Claims Act. The purpose of the law is to encourage people who have information of fraud against the government to report that fraud. It allows someone with insider information to go to a lawyer and file a private lawsuit against the company or business committing the fraud or over charging the government. The United States Attorney is then served with a notice of the lawsuit and is given the opportunity to take over the lawsuit or work with the private attorneys. The whole purpose of this law is to prevent and expose fraud against the government.

Fraud is most often found in defense contracts, building or supply contracts, and health care fraud. Currently health care fraud is the focus of the Unites States Government. Health Care fraud includes medical treatment, medical products and services, and prescription drugs. This is going to be the focus of the U.S. Government for many years. Already this year the Government has recovered approximately 2.4 billion dollars from companies that over charged or cheated the U.S. Government.

If have information of fraud, over charging, or any excessive charges to the United States Government call us at Coxwell & Associates. If your information turns out to be true, you will be compensated by the Government for your willingness to be truthful. Your compensation will be based on the amount of the money recovered. Many people don't know this but Mississippi leads the nation in some forms of health care fraud. Health care fraud cheats us all and raises the cost of our health care. If you have information call us at 601-948-1600. Coxwell & Associates is located in Jackson, Hinds County, Mississppi. We travel and work in Rankin and Madison Counties each week. For our experienced attorneys the entire State is like our backyard. You may also e mail our managing partner Merrida (Buddy) Coxwell at merridac@coxwelllaw.com.

White collar offense are generally considered to be corporate crimes or crimes by business people or corporations. The are also crimes that do not involve acts of violence. The Justice Department has stated that it intended to prosecute more white collar and corporate crimes, including crimes by American Corporations under the Foreign Corrupt Practices Act. This Federal Law essentially prohibits bribery of foreign officials or governments by American corporations.

Currently the Department of Justice is investigating the pharmaceutical industry and alleged violations under the Foreign Corrupt Practices Act. I do not know if there have been any violations of Federal Law. What I do know is that these drug companies have far too much power and control over health care policy in our country. Americans pay far to much for drugs compared to Canada, Mexico, and European Countries. The Pharmaceutical Industry also throws up excuses like "things are different in America. We have to charge more." The only difference is the amount of money they spend lobbying so that no good consumer policy passes Congress. If you doubt me look at the difference in the cost of drugs.

The difficult economic times and the retiring of the baby boomers will strain Social Security and Medicare. The country could save billions by having competitive drug purchasing. Can you as a consumer think of a single reason why the government should not bargain and be competitive when purchasing drugs? If you can tell me. I am in support of the Department of Justice rooting out foreign corruption. I would also like to see them root out corporate corruption in this country. For far to long corporations have used America as private business at the expense of the consumers. This needs to end.

Merrida Coxwell is senior partner of Coxwell & Associates, a firm focusing on serious injuries and criminal defense. Frank Coxwell is the sole partner who handles consumer bankruptcy, predatory lending, debtor-creditor cases, and other legal issues for consumers.

Financial fraud crimes are a type of white collar crime that we have written about previously. The F.B.I. and the Secret Service both have special divisions that investigate financial crimes. The Security & Exchange Commission has a division that investigates financial crimes in addition to the Attorney Generals for the U.S. and State Governments. These types of crimes are often pyramid schemes, insider trading, mortgages frauds, identity theft, and others. The punishment for these crimes at least in Federal Court is heavily dependent on the amount of money taken.

Corporations and other organizations can also be charged with crimes. Over the past 20 years we have witnessed numerous corporations charged with violating environmental laws, stock trading laws, and other similar offenses. If employees of a corporation and the corporation are both charged together in the same criminal offense they cannot use the same lawyer. This could lead to a conflict of interest for the lawyer. Who would he protect first, the person or the corporation.

Sometimes employees witness crimes being committed by corporations. If the employee does not report the crimes they could be charged with accessory to the crime or misprison of a felony. When the person does report a crime they may be entitled to payment of money under the Whistleblower Laws. We have written about these lawyers in other blogs.

Our attorneys have experience handling Whistleblower cases and we have defended hundreds of people charged with crimes. If you have a problem, call lawyers who are experienced and who care for their clients. Call 601-948-1600.

The Federal False Claims Act, also know as a qui tam action or "whistleblower action", was created to prevent persons and corporations from defrauding the government. Under the False Claims Act, 31 U.S.C. §§ 3729-3733, those who knowingly submit, or cause another person or entity to submit, false claims for payment of government funds are liable for three times the government's damages plus civil penalties of $5,500 to $11,000 per false claim. The False Claims Act was amended in 2006 to include tax fraud. Hospitals, nursing homes, and hospice facilities are just a few of the corporations who routinely defraud the government on a daily basis. Drug companies, oil companies, and defense contractors are others who need oversight but the government needs your help.

If your company is committing fraud against the government, you could be eligble for compensation for the risk and effort of filing a qui tam case. Specifically, the citizen whistleblower may be awarded a portion of the funds recovered, typically between 15 and 25 percent.

False Claims Act lawsuits have resulted in settlements in exess of 26 billion dollars since 1986. In January 2009, the drug company giant Eli Lilly agreed to pay a record $1.4 billion for improperly promoting its drug Zyprexa for off label uses. Corporate fraud is costing U.S. taxpayers and filing a false claims act is the way to end this abuse!

Chuck Mullins, a partner at Coxwell and Associates, handles false claims act cases in Jackson, Hinds County, Mississippi, and all over the state. If you are aware of your company defrauding either the state of federal government, please give Chuck a call to find out way you need to do.

Chuck Mullins handles serious personal injury cases in Jackson, Hinds County Mississippi and all over the state. One area that is recently getting serious recongition by the Federal Government is Hospice Medicare Fraud. Reportedly, Mississippi ranks very low in the nation in hospice fraud prosecutions yet fraud cases are rampant. The problem is that the government needs an insider or "whistleblower" to assist them in prosecuting those responsible for fraud. Medicare and Medicaid fraud affects us all in the form of higher taxes and higher medical costs. If you work at a hospice facility and suspect fraudulent activity, contact Chuck Mullins at Coxwell & Associates. You could qualify to receive a substantial monetary benefit if the claims is proven. These are known as qui tam actions or "whistleblower" cases. The Federal False Claims Act is an important tool to combat those who seek to defraud the government. Call us if you have a loved one in hospice care whom you believe is not getting proper treatment. The hospice facility may be overbilling for services which are not being performed. Chuck Mullins has handled cases against medical providers and can assist you on your case.