First Amendment challenges to the FDA’s off-label promotion ban are hardly novel, however case law in this area remains relatively unsettled. Drug makers initially rejoiced with the ruling in Washington Legal Foundation, however the case was later vacated. Case law now appears to be more settled in the wake of…
Jeffrey Friedlander, physician at the Neurology & Pain Center in Tampa, was recently convicted of Medicare fraud and drug conspiracy through his participation in a “pill mill.” Friedlander facilitated a drug-trafficking scheme by signing blank prescriptions, used to obtain powerful pain killers that were then sold on the street. Centers…
The First Amendment of the United States Constitution protects the freedom of speech. Not all forms of speech, however, receive total protection, such as yelling “fire” in a crowded theater if doing so is likely to cause injury. So-called “commercial speech” is a category of speech afforded partial, but not…
In the wake of a large settlement (for more, see here), GlaxoSmithKline attorney Lauren Stevens was indicted for obstruction and making false statements to the FDA. Allegedly, the attorney withheld incriminating documents and made misrepresentations in letters sent to the FDA. In addition to actions related to poor manufacturing, charges…
According to Dodd-Frank legislation, the SEC is required to adopt regulations regarding its whistleblower program no later than April 21 2011 (nine months from enactment). According to a recent report released by the SEC, the agency has set aside about $450 million for future payments to whistleblowers whose information results…
The Louis Berger Group settled a False Claims Act case for $69.3 million, after receiving contracts for reconstruction projects in both Iraq and Afghanistan with both the United States Agency for International Development (USAID) and the Department of Defense. The suit alleged that LBG intentionally overbilled the government through an…
Mission Essential Personnel, a government contractor providing language translators in Afghanistan, has recently lost a motion to dismiss a False Claims Act case filed by whistleblower Paul Funk. Funk, a former manager in 2007 and 2008, alleges that MEP committed fraud on the government by providing substandard translators overseas. MEP…
Rocky Mountain Instrument Company (RMI) recently entered into a settlement agreement with the DOJ to resolve False Claims Act allegations. RMI, a manufacturer of optical components used in laser and imaging applications, allegedly violated both the Arms Export Control Act and International Traffic in Arms Regulations by manufacturing some components…
The 58th Annual Attorney General Awards Ceremony occurred this past Wednesday, in which Attorney General Eric Holder honored approximately 350 federal prosecutors, law enforcement officers, and other government employees. The DOJ’s most prestigious award, the Attorney General’s Award for Exceptional Service, was given to the DOJ and federal employees who…
Cheryl Eckard, the whistleblower responsible for the recent GlaxoSmithKline settlement, recently received a reward of $96 million — the largest award in history to a single whistleblower. As a result of her whistleblowing activities, many sources have labeled Eckard as a “role model for whistleblowers.” In a statement given Tuesday,…