Wednesday, October 19, 2011

Is the Government Making the Most Out of Whistleblower Statutes?

See the video from “Is the Government Making the Most out of Whistleblower Statutes?” at the 2011 Washington Whistleblower Assembly.  

I practice with Paul Lawrence.  He is a very talented qui tam lawyer.   
 
Here is a description of the program: Recoveries under the Federal False Claims Act have been over 20 billion since 1986 and some are claiming success. With Medicare-Medicaid fraud alone estimated at 60 billion dollars per year, are we really doing all that we can under the law? With cases investigated and settled under seal, are the cases being used to expose wrongdoing or conceal it? Are settlements punishing companies or setting a license fee for the right to break the law? How can we better use the statute for the benefit of the Government and taxpayers? The panel will also ask the question: “Now that Dodd-Frank allows bounties to be paid to whistleblowers, what problems can we expect and what lessons can be learned from experiences under the False Claims Act?”
 



Tuesday, October 18, 2011

Criminal gets slapped on the wrist - whistleblower forced to resign

Yesterday I blogged about how U.S. Army Major Davis escaped real justice despite pleading guilty to a serious federal criminal offense.  However, his misdeeds would have never seen the light of day had it not been for the courageous whistleblowing of Colonel (Dr.) Michael Eisenhauer.  That man deserves a medal.  Instead, he was drummed out of the Army.  This case illustrates the perils of doing the right thing.  It also illustrates a cultural problem among some leaders in the U.S. Army.  Read the Seattle Times article below.

Sunday Seattle Times 14 Aug 2011

Monday, October 17, 2011

U.S. Army Major sentenced -- gets a slap on the wrist

I've blogged about the federal case against U.S. Army Major Jason Davis (click here).  He was finally sentenced (see below).  Needless to say, he got a slap on the wrist.

More to follow about how Davis was caught.  

It's a mystery why he wasn't court-martialed?  Please email if you have more information about the Army's handling of Major Davis' case.  With cases like this, is anyone surprised why the military healthcare budget is exploding.  

10/07/201117 Minute Entry for proceedings held before Judge J Richard Creatura- CRD: K Miller; AUSA: David Jennings; Def Cnsl: Steven Krupa; USPO: Becky Miller; Time of Hearing: 11:00 AM; Courtroom: D; Session #: TAC111007; SENTENCING held on 10/7/2011 for Jason Layne Davis (1). Court hears from counsel and the defendant. SENTENCE as to Count 1: Fine $7,986.00, restitution $4,812.00 and $25.00 special assessment due within 30 days. (KAM) (Entered: 10/07/2011)

Monday, October 3, 2011

Back from active duty and ready to start blogging

Sorry about the lapse in blogging.  I was pulled up to active military duty for about two months.  Now that I'm back, I'm ready to start blogging.  I had another qui tam case settle while I was gone, so I'll blog about that.  I'm also going to allow a few guest bloggers - - interesting stuff.  Finally, I've received some tips on what his happening with various fraud cases coming out of the military health care community.  Stay tuned and thanks for all the comments while I was gone.