ATTORNEY NEWSLETTER
Upcoming Trial Of False Claims Allegations
Claims Of False Advertising And Kickbacks To Go To Jury
Former Sales Representative Initiated Suit In 2002
Whistleblower/qui tam cases for false claims against the government are brought under the federal False Claims Act, 31 U.S.C. §§ 3729 et seq. (FCA), are often very complex and can take a long time. Individuals with credible information of the false claims initiate the case (called a qui tam) and are referred to as “relators.” In one large case, discussed below, the whistleblower/relator initiated a case 18 years ago! Our attorneys are still litigating a large qui tam case initially filed over 10 years ago. Our attorneys realize how long these cases can take. We also understand the pressure on relators in such cases. Relators in whistleblower cases put a lot of time and work in these cases but the reward can be a substantial percentage of whatever the government ultimately recovers. 31 U.S.C. § 3730(d). The attorneys at Evans Law Firm, Inc. have extensive experience with whistleblower/qui tam cases under the federal and California False Claims Act. If you have credible information of fraud against the government that may be the basis for a whistleblower or qui tam case, call us today at (415) 441-8669 or toll free at (888)50EVANS 503-8267.
Case Filed 18 Years Ago To Proceed To Trial
In a widely followed case[1] against a large French drug maker, allegations in a whistleblower’s 18-year-old False Claims Act (FCA) lawsuit are finally proceeding to trial. Claims to be tried include allegations that defendant engaged in false advertising and issued kickbacks to physicians who promoted a cancer drug produced by defendant. A former sales representative brought the FCA case in 2002 and alleged that the company orchestrated schemes involving an advisory board, speaker programs, education grants and kickbacks, all apparently aimed at expanding the chemotherapy drug’s market presence. These actions allegedly constitute breaches of the FCA and the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b. The trial date for the case has not yet been set.
Relator Efforts
This particular case illustrates the dedication of a relator to proceed with a case even though the government has not intervened in the case. The case has involved years of motion practice, discovery and investigation. The defendant moved to dismiss all of the allegations but the relator successfully opposed the motion to dismiss the entire case. Cases begin with original and credible information of false claims and include hard documentation and other evidence supporting that information. The litigators at Evans Law Firm know how to frame your evidence into a complaint. Once the complaint is filed, the case proceeds through discovery and investigation, and trial and/or settlement negotiations. Cases may also include claims that the defendant unlawfully retaliated against the relator and our attorneys can represent you in those claims as well.
Contact Us
If you have information regarding a whistleblower or qui tam case for any kind of healthcare fraud against the government or other false claims or under the Internal Revenue Code for prosecution of tax avoidance schemes including offshore schemes, contact Ingrid M. Evans and the other Evans Law Firm whistleblower and qui tam attorneys at (415) 441-8669 or toll free at (888)50EVANS 503-8267, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. In addition to False Claims Act cases, Evans Law Firm also handles bank fraud whistleblower cases under the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), commodities and futures trading cases under the Commodities Futures Trading Commission Whistleblower Program, securities fraud cases under the Securities and Exchange Commission Whistleblower Program and FINRA Whistleblower Office and offshore tax evasion and other tax fraud cases under the Internal Revenue Service Whistleblower Office. Our attorneys also handle cases involving physical and financial elder abuse, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.
[1] Evans Law Firm, Inc. was not involved in the case in any way.
