False Claims Act Update & Alert
Taxpayers Against Fraud Education Fund | Washington, D.C. | WWW.TAF.ORG
September 18, 2008| ![]()
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Taxpayers Against Fraud
2008 Award Winners
Lifetime Achievement Award to
James HelmerBack in 1985, when the False Claims Act amendments were first being debated in Congress, Jim Helmer was the only lawyer inthe country with a False Claims Act case in court. Jim not only testified before both the Senate and House concerning the 1986 False Claims Act amendments, but every one of his suggested changes were ultimately enacted into law! Jim went on to win his 1985 False Claims case against GE Aircraft Engines for fraudulent billing on the B-1 bomber, and he has continued to win ever since. To date, Jim’s law firm has returned over $700 million of purloined money to America’s coffers.
Jim Helmer has done far more than win cases, however; he has also been instrumental in building the False Claims Act bar as we know it today, authoring the first legal treatise on the False Claims Act (now in its 5th Edition), and mentoring scores of other lawyers practicing in the field.
Notes, TAF President Jeb White, "For more than 23 years, Jim Helmer's advice and intellect has been of immeasurable value to government, co-counsel, and whistleblowers trying to recover America's stolen billions. In my opinion, every American taxpayer owes him a note of gratitude, as we know that the best is yet to come."
____________Lawyer of the Year Awards to
Steve Cohen, Mark Kleiman,
& BethAnne YeagerTaxpayers Against Fraud is pleased to announce that Steven H. Cohen, Mark A. Kleiman, and BethAnne Yeager are recipients of TAF's Lawyer of the Year Award for 2008.
Over the course of seven years, Steven and Mark -- and later with the help of BethAnne -- spearheading litigation against Merck Pharmaceuticals brought by whistleblower Dean Steinke, alleging massive violations of Medicaid Best Price and marketing violations involving Vioxx and Zocor. That case was ultimately settled for more than $400 million.
Said TAF President Jeb White, "This was not a simple or quick case; Mark and Steve mortgaged their houses in order to fund this litigation and shepherd the case forward to successful resolution. In the end, this case was a near-perfect model of the kind of public-private partnership we like to see between a whistleblower, private counsel, the Federal Government, and individual states." >> Read the press release (PDF)
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Whistleblower of the Year Awards to
Sherry Scharff and
Walter T. “Tom” DecykTaxpayers Against Fraud is proud to name Sherry Scharff, L.P.N., and Walter T. “Tom” Decyk, L.P.N., as our Whistleblowers of the Year for 2008.
In February of 2004, Sherry and Tom filed a complaint under the Federal False Claims Act and it state analog, alleging that Green Valley nursing home of Smyrna, Delaware, had intentionally mismanaged diabetics in order to obtain more reimbursement; failed to provide wound care resulting in amputations and deaths; routinely had nurses perform procedures for which they were not authorized or licensed, and falsified records in order to hide inadequate staffing levels.
Green Acres Health Systems eventually settled for $550,000, and six nurses were indicted on fraud and conspiracy charges, with five of these nurses pleading guilty to felony record falsifications.
Notes, TAF President Jeb White, "Tom and Sherry blew the whistle to end systematic patient abuse of the elderly, sick and poor whose care had been entrusted to the management and staff of Green Acres Health Systems. This was not a case about money; this was a case about getting a company to change the way it did business, and to stop putting profits before patients."____________
Honest Abe Integrity in Government Award to Congressman Dan Lungren of CaliforniaCongressman Dan Lungren has been given Taxpayers Against Fraud's 2008 “Honest Abe Integrity in Government Award,” for his work in support of the False Claims Act, both as Attorney General of California and for his continuing support for the Federal False Claims Act as a Member of Congress on the House Judiciary Committee.
Under Dan Lungren's tenure as Attorney General, California brought and settled the largest State False Claims Act case to date, for $187 million against Bank of America for improperly retaining unclaimed municipal bond revenue. More recently, Congressman Lungren has been a vocal champion of the False Claims Act Amendments of 2008 which are key to keeping the False Claims Act a sharp tool in the Government's continuing war against fraud.
This is the third time TAF has given this award to a Member of Congress. Previous recipients have been Congressman Howard Berman (D- CA) and Senator Chuck Grassley (R-IA). >> Read the press release
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