Representative Federal False Claims Act & Qui Tam
Representing national hospice provider in intervened and unsealed False Claims Act action pending in federal court that alleges the admission and recertification of patients who were not terminally ill. Case currently pending before 11th Circuit Court of Appeals on interlocutory appeal.
Representing a therapy services provider in relation to a Department of Justice and HHS OIG investigation under the Federal False Claims Act involving allegations of falsifying medical records in support of claims.
Conducted multitude of internal investigations for various hospitals into physician employment and other physician arrangements, including without limitation allegations relating to the Stark Law and Anti-Kickback statute. Many involved investigations by the Department of Justice and/or the HHS OIG.
Represented MetLife Bank during False Claims Act investigation into allegations of submission of false claims relating to FHA insured mortgages for single family homes. The matter settled with the Department of Justice and the HUD OIG in 2015 before the filing of a complaint.
Represented Amedisys, Inc. in relation to a major qui tam False Claims Act action alleging false claims relating to home health services. The case settled in 2014 before the unsealing of the qui tam complaint.
United States ex rel. Barbera v. Tenet Healthcare Corporation, No. 0:97-cv-06590-AJ (S.D. Fla.)
Defended numerous physicians employed by Florida hospital owned by Tenet Healthcare against qui tam whistleblower allegations brought under the Federal False Claims Act.
United States ex rel. Zeller v. Centex Corporation, 1:99-CV-00621-SJD
Successfully defended Centex Corporation against qui tam allegations of fraud against the Navy, resulting in a dismissal of the claims against Centex without liability.
United States ex rel. Wilson v. Callahan Eye Foundation Hospital, Case No. 2:03-CV-02533-KOB (N.D. Ala.)
Obtained summary judgment on behalf of defendants against False Claims Act qui tam allegations of Medicare fraud.
United States ex rel. Fender v. Tenet Healthcare Corporation et al., No. 2:98-cv-00899-JFG (N.D. Ala.)
Successfully defended numerous physicians employed by hospital owned by Tenet Healthcare against qui tam whistleblower allegations brought under the Federal False Claims Act, resulting in a dismissal of the action with no liability.
United States ex rel. Manning v. HealthSouth Corporation, 2:99-cv-02150-KOB (N.D. Ala.)
Defended HealthSouth in False Claims Act qui tam action alleging Medicare fraud.
United States ex rel. Colbert v. Blue Cross and Blue Shield of Alabama and HealthSouth Corporation, 2:01-cv-00292-UWC (N.D. Ala.)
Defended HealthSouth in False Claims Act qui tam action alleging Medicare fraud, resulting in the dismissal of the False Claims Act count and final joint stipulation of dismissal.
United States ex rel. Madrid v. HealthSouth Corporation, et al., 2:97-cv-03206-UWC (N. D. Ala.)
Defended HealthSouth Corporation in False Claims Act qui tam action alleging Medicare fraud.
Foreign Corrupt Practices Act Experience
Represented a publicly traded foreign global supplier of equipment and services with operations in over 25 countries supplying machinery to plants and processing facilities before, during and after construction. Bradley performed a thorough due diligence investigation in connection with the purchase of a foreign company to determine if the target company was in full compliance with the Foreign Corrupt Practices Act.
Represented a publicly traded U.S. company that provides a wide range of services, including design, engineering, fabrication and environmental services in 27 countries, in connection with a joint DOJ/SEC FCPA investigation of a subsidiary that had been purchased a year earlier. While the former foreign global company, whom we did not represent, was prosecuted for various FCPA violations, our client was not. Moreover, we were able to persuade the former parent company to indemnify our client for the payment of most of our legal fees.
Represented a leading global research company providing the full range of clinical development services for the world’s pharma, biotech, and medical devices industries operating in over 40 countries. Working with one of the Big Four accounting firms, we represented the company in connection with an internal investigation to determine whether one of its high level employees in an office in Central Europe had violated Foreign Corrupt Practices or UK Bribery Act. While no violations were uncovered, we, along with the accounting firm, made recommendations as to how the company’s internal controls could be strengthened.
Represented a publicly traded company with a presence in 27 countries that is a global producer of fabricated metal products. Along with local Mexican counsel, we advised the company in connection with an internal investigation to determine whether any employees violated the Foreign Corrupt Practices Act.
Represented a high-level executive of a global oil and gas services company with a presence in every major oil and gas region in the world. While the company was prosecuted for various SEC and FCPA violations, our client was not prosecuted nor was any SEC enforcement action initiated against the client.
Represented multiple employees of ABB Ltd. in connection with FCPA investigation of its operations in Mexico. The company pleaded guilty to two FCPA-related offenses and paid $19 million in criminal penalties and $39 million in penalties to the SEC. Several individuals were indicted or pleaded guilty but our clients were not prosecuted.
Represented multiple clients in connection with providing advice on an as-needed basis on various aspects of compliance with the Foreign Corrupt Practices Act. Reviewed and revised contracts with consultants and foreign sales reps, updated and revised compliance manuals, drafted new FCPA policies and procedures, reviewed and made recommendations for improving internal controls, and conducted in-depth FCPA seminars for key personnel of our clients.
United States v. W.R. Grace, et al., (D. Mont. 2009)
Represented former president of the Construction Products Division of W. R. Grace who, with seven other defendants, was indicted with conspiracy to defraud the United States and violate the Clean Air Act. After we filed a motion for judgment of acquittal, the prosecution concluded that there was insufficient evidence against the client for the case to go to the jury. On the government’s motion, a dismissal of the indictment with prejudice was granted.
HealthSouth Corporation
Represented HealthSouth Corporation in the defense of criminal allegations and proceedings relating to a $2.6 billion financial fraud, resulting in a non-prosecution agreement that has been successfully completed. Defended HealthSouth in parallel civil proceedings, including a complaint brought by the Securities and Exchange Commission, which were successfully brought to conclusion.
Public corruption
Handled a wide variety of public corruption cases on the local and federal level and has represented two high-level White House officials in separate investigations by independent counsel. All the clients were able to resolve these investigations without charges being brought or on very favorable terms.
Antitrust and public corruption
Obtained DOJ declination of prosecution of international construction company in case involving antitrust and public corruption allegations relating to large government construction project.
Construction fraud
Resolved by DOJ declination various allegations of defense procurement fraud against major defense contracting company.
Dismissal of qui tam and RICO claims against construction companies on government projects
Obtained a total dismissal of qui tam and RICO claims against construction companies accused of improperly using illegal aliens on government building projects.
United States ex rel. Manning v. HealthSouth Corporation, 2:99-cv-02150-KOB(N.D. Ala.)
Defended HealthSouth in False Claims Act qui tam action alleging Medicare fraud. Criminal Financial Fraud Investigation
Summary judgment on behalf of publishing company on 25+ claims, including RICO, fraud, defamation, and misappropriation of trade secrets
After several years of litigation, obtained complete summary judgment on behalf of a national publishing company and its subsidiary on more than 25 claims by a local distributor, including RICO, Lanham Act, fraud, defamation, misappropriation of trade secrets, and breach of contract allegations.
Qui tam whistleblower allegations defense
United States ex rel. Barbera v. Tenet Healthcare Corporation, No. 0:97-cv-06590-AJ (S.D. Fla.)
Defended numerous physicians employed by Florida hospital owned by Tenet Healthcare against qui tam whistleblower allegations brought under the federal False Claims Act.
False Claims Act qui tam involving the construction of a Navy hospital
United States ex rel. Zeller v. Centex Corporation, 1:99-CV-00621-SJD (S.D. Ohio dismissed Nov. 26, 2008)
Successfully defended Centex Corporation against qui tam allegations of fraud against the Navy, resulting in a dismissal of the claims against Centex without liability.
False Claims Act qui tam Medicare fraud
United States ex rel. Wilson v. Callahan Eye Foundation Hospital, Case No. 2:03-CV-02533-KOB (N.D. Ala. Sept. 8, 2006)
Obtained summary judgment on behalf of defendants against False Claims Act qui tam allegations of Medicare fraud.
Representation of pharmaceutical manufacturers against fraud claims brought by Alabama Medicaid
Represent a number of pharmaceutical manufacturers against fraud claims brought by Alabama Medicaid alleging that the companies inflated AWP prices.
Qui Tam whistleblower allegations defense
United States ex rel. Fender v. Tenet Healthcare Corporation et al., No. 2:98-cv-00899-JFG (N.D. Ala.)
Successfully defended numerous physicians employed by hospital owned by Tenet Healthcare against qui tam whistleblower allegations brought under the Federal False Claims Act, resulting in a dismissal of the action with no liability.
United States ex rel. Colbert v. Blue Cross and Blue Shield of Alabama and HealthSouth Corporation, 2:01-cv-00292-UWC (N.D. Ala.)
Defended HealthSouth in False Claims Act qui tam action alleging Medicare fraud, resulting in the dismissal of the False Claims Act counts in March 2003 and final joint stipulation of dismissal as to remaining counts entered in February 2004.
Qui tam Medicare fraud
United States ex rel. Madrid v. HealthSouth Corporation, et al., 2:97-cv-03206-UWC (N. D. Ala.)
Defended HealthSouth Corporation in False Claims Act qui tam action alleging Medicare fraud.
Summary judgment in qui tam action alleging fraudulent billing and a retaliatory discharge claim
Won summary judgment on behalf of a local hospital in a qui tam action alleging fraudulent billing of drugs used in laser eye surgeries and a retaliatory discharge claim.
Conducted internal investigation for large national bank related to process failures
Conducted a confidential, internal investigation for a large national bank regarding the loan modification practices of a rogue employee, determining the root cause of the non-compliance and coordinating remediation efforts.
Conducted internal investigation of hospital coding company
Conducted internal investigation and liability exposure analysis for coding compliance issue at contract hospital coding company.
Consent Judgment for $100 million settlement payment and $370 million in consumer relief.
Represented national bank and mortgage servicing company in large-scale settlement of liability related to servicing and origination of loans leading up to and during the financial crisis, including releases of False Claims Act and FIRREA liability.
Consent judgment for $127.3 million settlement payment and $2 billion in consumer relief
Represented mortgage servicing company in one of the largest national joint state/federal government settlements in history.
Consent judgment for $468 million settlement payment and $500 million in consumer relief
Represented national bank in a large-scale settlement of liability related to mortgage servicing and origination of loans leading up to and during the financial crisis, including releases of False Claims Act and FIRREA liability.
Government Enforcement & Investigations
Successfully represented Richard Speights in a complex white-collar fraud investigation, which involved the U.S. Department of Justice’s dismissal with prejudice of an indictment, following a motion to dismiss filed by Bradley nine days earlier. The dismissal was the culmination of a months-long effort to vindicate the client. The Bradley team advocated for Mr. Speights and held the DOJ to the high standards imposed by the U.S. Constitution.
Represented a large privately held corporation in connection with a federal white-collar investigation, a nationwide class action and other related matters arising from alleged fraudulent sales practices committed by certain employees, including the successful negotiation of an agreement with prosecutors that avoided criminal charges against the client and a settlement agreement resolving the class action.
Represented a large public power company in an internal investigation of the organization’s response to an environmental spill, and worked with a legal and communications team to develop a crisis communications plan.
Advised large privately held business in connection with an investigation and subsequent termination of a significant asset purchase transaction arising from the seller’s overcharging of customers.
Advised large privately held business on internal investigation and steps to minimize potential exposure arising from fatal accident following event attended by company representatives.
Worked with in-house counsel for an automobile manufacturer to conduct internal investigation of bank fraud and embezzlement scheme committed by employees, and represented company during interviews by federal law enforcement.
Represented a medical imaging company in connection with an internal investigation of embezzlement scheme by employee, and cooperated with federal law enforcement investigators and prosecutors in their investigation and prosecution of the employee leading to conviction of the employee and an order of restitution in favor of the client.
Successfully defended medical diagnostic imaging company in a federal False Claims Act investigation arising from alleged failure to provide refunds to patients.
Prepared corporate integrity agreement for a home health agency as part of a settlement of False Claims Act case.
Defended owner of thrift and loan in a securities fraud prosecution.
Successful defense of road builder in connection with a federal investigation of bribery of a state official.
Defended road builder in state department of transportation proceeding to disqualify the client as a minority-owned state contractor.
Defended owner of membership campground in civil investigation by consumer affairs division of state attorney general’s office, and negotiated assurance of voluntary compliance.
Represented government contractor in unsealed qui tam whistleblower litigation
Litigated against False Claims Act relator in a case in which the government declined to intervene alleging improper billing practices of defense subcontractor.
Represented health system and hospital in qui tam whistleblower action
Represented a health system and an individual hospital in an unsealed qui tam action under the False Claims Act in which the government intervened, alleging a kickback scheme for referrals of obstetric services.
Represented hospital and hospital system in False Claims Act investigation
Represented hospital and hospital system in conducting internal investigation and responded to Justice Department inquiry regarding relationship with independent diagnostic laboratories.
Represented hospital and hospital system in internal investigation
Represented hospital and hospital system in internal investigation in response to anonymous complaint letter regarding alleged test manipulation and Stark Law concerns with hospital employees’ outside work for local provider of durable medical equipment.
Represented hospital in data breach incident
Represented hospital and coordinated contact with law enforcement following the criminal theft of hospital’s patient data and fraudulent submission by perpetrator of tax returns.
Represented hospital in data breach incident
Represented hospital, conducted internal investigation to determine root cause, and coordinated contact with law enforcement following the criminal theft of patient data and related identity theft issues.
Represented hospital in Department of Justice criminal investigation
Represented hospital in conducting an internal investigation and responding to criminal investigation regarding an interventional cardiologist's use of stents in patients.
Represented hospital in Justice Department inquiry into licensing regulations
Represented hospital in connection with Justice Department inquiry under the False Claims Act into licensing of sleep lab technician compliance with state licensing regulations.
Represented mortgage services and banking client in lender-placed insurance investigation
Represented mortgage servicing and banking client and affiliated companies in an investigation and eventual settlement of claims that client accepted financial incentives from its lender-placed insurance vendor, creating improper conflicts of interest in violation of Massachusetts law. Negotiated favorable settlement terms with the Massachusetts attorney general, resulting in the entry of an assurance of discontinuance.
Represented mortgage services client in investigation of mortgage modification violations
Represented mortgage servicing and banking client and its affiliated companies in an investigation and eventual settlement of claims that client's mortgage modification practices violated a Massachusetts foreclosure law. Responded to investigatory subpoenas from the Massachusetts attorney general and negotiated favorable settlement terms, resulting in the entry of an assurance of discontinuance.
Representing nationwide therapy services provider in Department of Justice investigation
Representing nationwide provider of therapy services at skilled nursing facilities in a DOJ investigation into the medical necessity of services.