False Claims Act Update & Alert
Taxpayers Against Fraud Education Fund | Washington, D.C. | WWW.TAF.ORG
April 15, 2005
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CONTACT: James Moorman,
President, TAF Education Fund
202-296-4826 ext 22
JMoorman@taf.org
False Claims Act Brings in $887 Million
In First Six Months of FY 2005
The False Claims Act brought in over $887 million in recoveries to the Federal Government during the first six months of Fiscal Year 2005, says Taxpayers Against Fraud, a national nonprofit organization focused on enforcement of the False Claims Act."Over $14 billion of America's stolen money has been recovered by the Federal False Claims Act since 1986," says Jim Moorman, President of Taxpayer's Against Fraud, "but the real story is how much fraud has been deterred.
"Hopefully, it is starting to sink in that if you rip off the Federal Government your own employees may turn you in."
Moorman notes that the largest frauds tend to be "business plan frauds" which are organized by corporate managers and often copied by entire business sectors.
"A company figures out how to game the system, and pretty soon their accountant or CEO moves to a competing firm and the con spreads," says Moorman.
"In sector after sector -- laboratories, hospitals, drug manufacturers, defense contractors -- we see the same sophisticated frauds being repeated with only minor variations.
"Right now about 85% of all dialysis clinics in the U.S. are under investigation for fraud, and it's all the same stuff. Some of these companies, such as Gambro and Fresenius, are repeat players with the False Claims Act, which suggests they are either slow learners or the original settlements with these companies -- hundreds of millions of dollars in both cases -- were not big enough.
"One problem is that DoJ can't seem to process enough cases, especially big cases which are labor-intensive.
"Last year DoJ took action on less than 90 cases, and at the rate they're going now, they're not going to do any better this year.
"What's frustrating is that we know there are more than 125 cases against drug manufacturers cheating Medicaid and over 500 drugs are being investigated. This is on top of big cases against hospital corporations like Tenet, pharmaceutical benefit managers like Medco and Caremark, and defense contractors operating in Iraq.
"The False Claims Act backlog at the Department of Justice is growing because not enough resources are being devoted to investigations and prosecutions. The problem is not just at DoJ, but at other federal agencies as well, such as HHS and DoD. DoJ Attorneys are swamped and are being forced to triage good cases.
"The problem is not political, but a simple lack of resources and lack of support from top officials at the U.S. Department of Justice and supporting agencies. The False Claims Act is the Goose that lays the golden eggs, but the farmer is not doing the obvious things necessary to produce more eggs."
A new report from TAF shows that every dollar invested by the government in investigation and prosecution of federal health care fraud returns $13 back to the American people.
"It hard to think of a better return on investment," says Moorman. >> To read report
Summary of False Claims Act Cases Settled or Brought to Judgment
In the First Half of FY 2005
A total of 43 cases were settled or brought to judgment in the first half of FY 2005.
These 43 cases yielded a total of $887.2 million in settlements - more than was brought in under the False Claims Act in all of Fiscal Year 2004.
A False Claims Act case against Gambro, a renal care company, was settled for $325.5 million. A case against HealthSouth, a healthcare corporation, was settled for $325 million.
Of the 43 cases settled or brought to judgment 30 (70 percent) involved Medicare or Medicaid billing.
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For a complete listing of FY 2005 cases settled during the first six months of the Fiscal Year >> click here
To compare these results to previous year's statistics >> click here