ATTORNEY NEWSLETTER Medicare Fraud From Illegal Referrals, Kickbacks, and False Charges Stark Law and False Claims Act Suit Whistleblower/qui tam cases brought under the federal False Claims Act (FCA) often involve false claims for reimbursement under Medicare and Medicaid. In addition to the FCA, the federal Stark Law prohibits physician […]

ATTORNEY NEWSLETTER California Insurance Fraud Whistleblower Cases Whistleblowers Rewarded The California Insurance Frauds Prevention Act (“CIFPA”) allows members of the public to file private whistleblower/qui tam suits against anyone who commits insurance fraud in the State of California.  Cal. Ins. Code § 1871.7.  There have been several large whistleblower settlements […]

ATTORNEY NEWSLETTER Bank Loans Often Contain Arbitration Clauses Be Wary of Agreeing to Arbitration Clauses Many banks include arbitration clauses in their loan contracts, but consumers should beware of agreeing to them, as that means giving up a number of your rights. If a customer agrees to an arbitration clause, […]

ATTORNEY NEWSLETTER Financial Elder Abuse By Caregivers Seniors here in San Francisco and throughout California are vulnerable to financial elder abuse, often at the hands of the caregivers hired to help them. In one recently reported case, a caregiver withdrew over $100,000 from her 100-year-old patient’s bank accounts before the […]

ATTORNEY NEWSLETTER Full and Partial Surrenders or Cancellations of Nationwide Life and Annuity Insurance Company Annuities Nationwide Life and Annuity Insurance Company, part of the Nationwide Mutual Insurance Group, issues fixed indexed annuities in California under the trade names Nationwide New Heights©, Nationwide High Point 365 ©, and Nationwide High […]

ATTORNEY NEWSLETTER When Financial Predators Strike Taking Advantage Of Isolation And Cognitive Impairment Our litigators see a sadly familiar pattern in financial elder abuse cases: an elderly person’s spouse of many years dies and the survivor is left alone. Enter a stranger or caregiver to “help” the survivor. Cash begins […]

ATTORNEY NEWSLETTER Regulators Take Closer Look Investigating Annuity Sales Practices Our litigators recommend against annuities because commissions, fees and surrender penalties reduce returns and make it expensive to get your money out if you need it. Agents may pitch you on an annuity for your retirement plan. We advise against […]

ATTORNEY NEWSLETTER Increasing Reports Of Financial Elder Abuse What To Look For Financial elder abuse is on the rise here in Alameda County. Adult Protective Services received approximately 6000 reports of elder abuse in Alameda County last year, 70% of which were reports of financial elder abuse. The elder abuse […]

ATTORNEY NEWSLETTER Financial Powers of Attorney and the Elderly Potential for Misuse Financial elder abuse can strike seniors from various directions including from those whom the senior has trusted with a Power of Attorney (POA) over financial matters. A financial POA is an important legal document where a principal authorizes […]

ATTORNEY NEWSLETTER Dangers of Premium Payment Loans Tax Consequences Borrowing against a whole life insurance policy can have serious economic and tax consequences down the road if policyholders are not careful. Insurance agents use the fact that policyholders can borrow against the cash value of whole life policies as part […]