Texas Lawyers Blog

Description

The Texas Lawyers Blog provides useful information on the law and Texas lawyers. For more information on this Blog or a legal topic, please feel free to submit an inquiry or send an e-mail message to blog@texaslawyers.com

Sunday, December 26, 2010

Austin Texas Will Probate Lawsuits, Texas Contested and Uncontested Probate Lawsuits, Travis County Will Lawsuits, and other Texas Inheritance Lawsuits by Austin Texas Will Probate Lawyer Jason S. Coomer

Texas Contested Probate Lawsuits, Austin Texas Will Probate Lawsuits, Texas Estate Fraud Lawsuits, Travis County Will Lawsuits, and other Texas Inheritance Lawsuits by Austin Texas Will Probate Lawyer Lawyer Jason S. Coomer

After the loss of a loved one, it is often difficult to know what to do and how to handle estate matters.  Many times a Will needs to be taken through the probate process and the guidance of an experienced Austin Will Probate Lawyer will be extremely helpful in reviewing the Will to make sure it is valid and there are no major issues in taking it through probate lawsuit.  In handling Texas Will Probate Lawsuits and Texas Suits to Determine Heirship Lawsuits, a Texas Probate Lawyer will often prepare the Application, Proof of Death, Oath, Judgment, Witness Statements, Publications, Notices, Debt Issues, and Inventory.  The Texas Will Probate Lawyer will also work with the Probate Court to make sure that all the documents are in order as well as set up the Probate hearing and accompany the Executor through the Probate hearing in front of the Judge. 


 
Texas Uncontested Will Lawsuits, Austin Will Probate Lawsuits, Williamson County Will Probate Lawsuits, Hays County Will Probate Lawsuits, Bastrop County Will Probate Lawsuits, Bexar County Will Probate Lawsuits, and Central Texas Uncontested Inheritance Lawsuits

Most probate proceedings are uncontested as the decedent had a valid Will that clearly stated how their possessions are to be divided after their death or they have died without a Will and the intestate law of Texas is clear as to how the decedent's property will be distributed.  These Texas Uncontested Probate Lawsuits are not always simple as many times it can be a difficult process gathering assets and determining the valid debts of an estate or locating long lost heirs that have lost contact with their family.

It is often beneficial to contact a Texas Probate Lawyer to assist with any Texas Probate Lawsuit to better understand how the Texas Probate Courts work and Texas Probate Law. For more information on Texas Uncontested Probate Law, feel free to go to the following web pages:  Austin Will Probate Lawsuits, Central Texas Probate Lawsuits, Texas Intestate Lawsuits, and Austin Texas Inheritance Lawsuits.
 
Texas Contest Probate Lawsuits, Texas Executor Fraud Lawsuits, Texas Administrator Fraud Lawsuits, Texas Will Contest Lawsuits, Texas Forged Will Lawsuits, Texas Probate Fraud Lawsuits, Texas Estate Fraud Lawsuits, and Texas Inheritance Fraud Lawsuits

Unfortunately, there are people out there that will commit fraud and other wrongful acts to steal inheritance from others.  Some of these people will forge and create fraudulent Wills, destroy valid Wills, or just go to a recently deceased person's house and start taking things.   Whether these people are family members, step relatives, or opportunists, it is important to have Texas Inheritance Fraud Lawyer that can help rightful heirs and beneficiaries prove that inheritance fraud has occurred and seek compensation for the theft.

A Will Contest occurs when there is something wrong with a Will. There are several reasons that a Will may be contested including 1) the Will was written under the influence from another person, 2) the Decedent was not of sound mind when the Will was written, 3) the Will is a forged or fraudulent document, 4) the Will is not up to date and leaves out children or does not take into account a divorce or remarriage, 5) the Will was not witnessed or signed correctly, and 6) the Will was improperly done and does not comply with Texas law.

In some instances the Testator did not have actual "testamentary capacity" or "testamentary intent" to draft a proper Will. In such a situation the Will is not valid and interested parties including a beneficiary or heir that was disinherited or lost inheritance through the invalid Will can contest the Will as being invalid.  In other instances a Will was executed under undue influence and not the last wishes of the Testator.

The Texas Probate Code gives interested persons two years after a Will has been admitted to probate to institute a suit to contest a Will. There are two exceptions to this rule that can extend this statute of limitations beyond two years. These exceptions include 1) contests based upon forgery or fraud or 2) contests brought on behalf of an incapacitated person (such as a minor) who recovers capacity.

In addition to Texas Will Fraud Lawsuits and Texas Will Contest Lawsuits, there are several other types of contested probate lawsuits including Texas Executor Fraud Lawsuits, Texas Trustee Fraud Lawsuits, Texas Guardian Fraud Lawsuits, Texas Administrator Fraud Lawsuits, & Texas Estate Fraud Lawsuits.

Under Texas law, an Executor of an estate has to take an oath to fulfill the wishes of the decedent's Will.  Failure to properly comply with the Will and violating the oath of the executor can result in a breach of fiduciary duty lawsuit against the executor for negligently or fraudulently failing to comply with a decedent's wishes or Texas law.

Executors that commit fraud on an estate or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts.  If you are a beneficiary of a Will and an executor has negligently lost or intentionally stolen estate property, it is important to hire a Texas Estate Lawyer or Texas Fraudulent Executor Lawyer that can help the rightful beneficiaries seek compensation for theft of estate assets or negligence committed by an executor.

Administrators like Executors have a duty under Texas probate law to properly manage and distribute the assets of an estate.  Administrators have to take an oath to fulfill Texas law in managing an estate.  Failure to comply with Texas probate law and the mismanagement of an estate can result in a breach of fiduciary duty lawsuit against the administrator for failure to comply with the decedent's wishes.

Administrators that commit fraud or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts.  If you are an heir or beneficiary of a estate that has been mismanaged, it is important to hire a Texas Negligent or Fraudulent Administrator Lawyer that can help rightful heirs and beneficiaries seek compensation for theft or negligence by an administrator.
  
For more information on Texas Contested Probate Lawsuits, Texas Contested Will Lawsuits, Texas Inheritance Fraud Lawsuits, and other Texas Contested Estate Lawsuits, feel free to go to the following web page on Texas Will Contest Lawsuits, Texas Forged Will Lawsuits, Texas Probate Fraud Lawsuits, Texas Estate Fraud Lawsuits, Texas Will Probate Lawsuits, Texas Suits to Declare Heirs and Texas Inheritance Fraud Lawsuits.

Tuesday, December 21, 2010

Shareholder Investment Fraud Lawsuits, Minority Shareholder Investment Fraud Lawsuits, Accredited Investor Investment Fraud Lawsuits, Shareholder Suppression Lawsuits, and Business Misrepresentation Lawsuits

Shareholder Investment Fraud Lawsuits, Minority Shareholder Investment Fraud Lawsuits, Accredited Investor Investment Fraud Lawsuits, Shareholder Suppression Lawsuits, and Business Misrepresentation Lawsuits
by Texas Shareholder Investment Fraud Lawyer Jason S. Coomer
Business fraud and negligent misrepresentation cost investors, shareholders, and  businesses and individuals Billions of Dollars each year.  Shareholder investment fraud lawsuits, minority shareholder lawsuits, shareholder suppression lawsuits, and other business misrepresentation and fraud lawsuits allow investors and shareholders to seek back large sums of money that have been wrongfully taken from them.
  
Shareholder Investment Fraud Lawsuits, Minority Shareholder Investment Fraud Lawsuits, Accredited Investor Investment Fraud Lawsuits, Shareholder Suppression Lawsuits, and Business Misrepresentation Lawsuits

Since the 1980s, the deregulation of investment markets and decreased SEC enforcement, have come large investor fraud schemes that have fraudulently taken Billions of dollars from consumer and business investors.  Many businesses have set up elaborate investment scams that have taken advantage of high end investors, accredited investors, business investors, and individual investors. 

During this era of deregulation many safe guards were removed, but even more rules and safe guards were not adhered to when these fraudulent businesses lured investors into fraudulent and risky investments.  Understanding SEC rules on what should have been disclosed during investment negotiations as well as who may be a potential defendant for failing to properly disclose necessary information or intentionally misleading investors about an investment are crucial in determining if a shareholder or investor has a viable shareholder investment fraud lawsuit, minority shareholder lawsuit, shareholder suppression lawsuit, or other business misrepresentation and fraud lawsuit.

Further, in determining who is a viable defendant for a potential shareholder investment fraud lawsuit, minority shareholder lawsuit, shareholder suppression lawsuit, or other business misrepresentation and fraud lawsuit, it is important to understand the fiduciary duties owed by corporate officers, the board of directors, investment firms, brokers, financial planners, real estate professionals, lawyers, and other business professionals.  Understanding these duties can often help determine if there is a viable party to seek compensation from after a large investment was lost or stolen.

Shareholder Suppression Lawsuits, Corporate Malfeasance Lawsuits, Breach of Fiduciary Duty Lawsuits, and Shareholder Actions Lawsuits

Unfortunately, majority shareholders sometimes wrongfully and fraudulently use their controlling interest in a company for their own benefit at the expense of minority shareholders.  When a majority shareholder uses corporate malfeasance and breach of fiduciary duties, the minority shareholder may have a viable shareholder suppression lawsuit against the majority shareholders.  

In any Shareholder Suppression Lawsuit, Corporate Malfeasance Lawsuit, or Breach of Fiduciary Duty Lawsuit, it is important to understand the rights, fiduciary duties, and responsibilities of the majority shareholders, board of directors, managing partners, corporate officers, corporate counsel, chief financial officers, and managers.  It is also important to obtain as much evidence of the malfeasance, self dealing, fraud against shareholders, wrongful suppression, embezzlement, or other bad acts as possible prior to the start of litigation.  In many of these cases, once litigation has begun, obtaining evidence of the unlawful and bad acts are difficult and heated battles as many documents begin to disappear and proving spoliation becomes a key issue.  The term spoliation broadly refers to the intentional, reckless, or negligent destruction, loss, material alteration or obstruction of evidence that is relevant to litigation.

 Texas Negligent Misrepresentation Lawsuits and Texas Fraudulent Misrepresentation Lawsuits

Texas has business tort laws against both fraudulent and negligent misrepresentation that can be brought against businesses and individuals that make misrepresentations that cause significant damages.  Under Texas negligent misrepresentation law, a business or individual "who, in the course of his business, profession or employment, or in any transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, is subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competence in obtaining or communicating the information."  described by the Restatement (Second) of Torts Sec. 522. See Federal Land Bank Ass’n of Tyler v. Sloane, 825 S.W.2d 439, 442 (Tex. 1991).

In moving forward on a Texas Fraudulent or Negligent Misrepresentation Lawsuit against a corporation, partnership, limited liability company, professional corporation, individual or other business, it is important to have an experienced business litigation lawyer or business litigation team that is able to review and prosecute your Texas Misrepresentation Lawsuit.

 Accredited Investor Fraud Lawsuits, Federal Investment Fraud Lawsuits, Texas Investment Fraud Lawsuits, Shareholder Investor Lawsuits, and Business Misrepresentation Lawsuits


Accredited Investors are commonly the targets of investment fraud schemes.  This is because under the Securities Act of 1933, a company that offers or sells its securities must register the securities with the SEC or find an exemption from the registration requirements. The Act provides companies with a number of exemptions. For some of the exemptions, such as rules 505 and 506 of Regulation D, a company may sell its securities to what are known as "accredited investors."

By targeting Accredited Investors, some companies and their lawyers are able to exempt themselves from disclosure rules.  When investing as an accredited investor, it is often a good idea to have an attorney assist you prior to making a substantial investment.  Additionally, if you have already made a substantial investment and suspect foul play, it is important to make sure that you are aware of your rights and how to seek information on your investment.
 
Texas Shareholder Investment Fraud Lawsuits, Texsa Minority Shareholder Investment Fraud Lawsuits, Texas Accredited Investor Investment Fraud Lawsuits, Texas Shareholder Suppression Lawsuits, Texas Business Fraud Litigation Lawsuits, Texas Business Fraud Lawsuits, and Texas Business Fraud Litigation Teams

For more information on Texas Shareholder Investment Fraud Lawsuits, Texsa Minority Shareholder Investment Fraud Lawsuits, Texas Accredited Investor Investment Fraud Lawsuits, Texas Shareholder Suppression Lawsuits, Texas Business Fraud Litigation Lawsuits, Texas Business Fraud Lawsuits, and Texas Business Fraud Litigation Teams, please feel free to go to the following web page on Shareholder Investment Fraud Lawsuits, Minority Shareholder Investment Fraud Lawsuits, Accredited Investor Investment Fraud Lawsuits, Shareholder Suppression Lawsuits, and Texas Business Fraud Litigation.

Sunday, December 12, 2010

Off Label Drug Marketing Fraud Whistleblower Lawsuits, Pharmaceutical Marketing Fraud Illegal Kickback Lawsuits, and Pharmaceutical Defective Drug Fraudulent Marketing Physician Whistleblower Lawsuits

Off Label Drug Marketing Fraud Whistleblower Lawsuits, Pharmaceutical Marketing Fraud Illegal Kickback Lawsuits, and Pharmaceutical Defective Drug Fraudulent Marketing Physician Whistleblower Lawsuits (Off Label Marketing and Pharmaceutical Whistleblower False Claims Act Law Suits)


Through Whistle Blower Lawsuits, Qui Tam Lawsuits, and other Health Care Fraud Lawsuits, hundreds of billions of dollars have been recovered from dishonest pharmaceutical companies, marketing executives, health insurance companies, health providers, individuals and organizations that have committed health care fraud and stolen large amounts of money from the government.

Some of these pharmaceutical marketing fraud scams include providing false information about drugs and medications to push important doctors to help a drug get added to formularies and become the treatment standard for off label treatments despite the fact that the drug or medication is not approved for such indications.  These elaborate schemes can cause chairs of committees and other prominent physicians to approve medications based on false information.  For more information on Medicare Pharmaceutical Marketing Fraud and Off Label Whistleblower Lawsuits, please go to the following web page on Medicare Pharmaceutical Marketing Fraud and Off Label Whistleblower Lawsuit Web Page

Further, some of these drug marketing scams include elaborate illegal kickback and bribe scenarios where physicians are handsomely rewarded for helping a drug become a standard of care in the local medical community and to get a specific drug on formularies.  For more information on Pharmaceutical Illegal Kickback and Bribe Whistleblower Lawsuits, please go to the following web page on Pharmaceutical Illegal Kickback and Bribe Whistleblower Lawsuits.

Pharmaceutical Quality Assurance Whistleblower Lawsuits, Drug Safety Whistleblower Lawsuits, Adulterated Drug Whistleblower Lawsuits, Contaminated Drug Whistleblower Lawsuits, and Pharmaceutical Drug Calibration Whistleblower Qui Tam Lawsuits

Pharmaceutical Quality Assurance Whistleblower Lawsuits, Drug Safety Whistleblower Lawsuits, Adulterated Drug Whistleblower Lawsuits, Contaminated Drug Whistleblower Lawsuits, and Pharmaceutical Drug Calibration Whistleblower Qui Tam Lawsuits (Drug Quality, Contaminated Drug, Adulterated Drug, and Pharmaceutical Quality Assurance Whistleblower False Claims Act Lawyer)

Pharmaceutical Quality Assurance Managers, Drug Calibration Whistleblowers, and other Drug Safety Whistleblowers are stepping forward to blow the whistle on adulterated drugs, contaminated drugs, and poorly calibrated drugs that threaten the health and lives of children, women, and men that are taking the drugs.  Because of the danger of giving defective drugs to the sick and injured, it is extremely important that pharmaceutical whistleblowers continue to step forward to blow the whistle on drugs that threaten the health and safety of the people taking these drugs.  It is clear that the government will not tolerate any lapses in safety standards for pharmaceutical manufacturers and pharmaceutical whistleblowers that blow the whistle on defective and dangerous drugs, may receive a large amount of money for properly reporting fraudulent disregard for safety standards.    

Saturday, December 11, 2010

Fatal Fire Lawsuits, Fatal House Fire Lawsuits, Serious Burn Lawsuits, Fire Death Lawsuits, and Smoke Inhalation Lawsuits

Fatal House Fire Lawsuits, Serious Burn Lawsuits, Fatal Burn Lawsuits, Water Heater and Gas Explosion Lawsuits, House Fire Lawsuits, Texas Serious Burn Lawsuits, Texas Fatal Fire Lawsuits, Defective Gas Can Lawsuits, Smoke Inhalation Death Lawsuits, and Fire Death Lawsuits
by Texas Serious Burn, House Fire, and Fatal Fire Lawyer Jason S. Coomer
Fatal fire lawsuits, serious burn lawsuits, and smoke inhalation lawsuits are some of the most difficult cases to handle because of the devastation that a house fire, fatal fire, or severe burn can cause.  Representing clients that have had loved ones burn to death,  loved ones die of smoke inhalation, themselves been severely burned and required skin harvesting & grafting, been severely injured, and/or have lost their home and everything in it, requires not only an understanding of the damages and devastation that they have suffered, but also experience in investigating the cause of the fire or explosion as well as proving how the fire was caused and what damages caused the fire.  

Fatal Fire Lawsuits, Fatal House Fire Lawsuits, Serious Burn Lawsuits and Smoke Inhalation Lawsuits

In the United States, each year over 30,000 people are killed or seriously injured by fire and smoke inhalation.  Many of these fires are the result of negligence or defective products, that could have been easily prevented.   In  handling Fatal Fire Lawsuits, Fatal House Fire Lawsuits, Serious Burn Lawsuits, and Smoke Inhalation Lawsuits, it is important to remember that a fatal house fire or serious burn fire can be the result of defective products, careless workers, negligent property owners, defective water heaters, defective gas cans, failure of products to have child proofing, defective wiring, defective appliances, negligence maintenance, and many other negligent actions.  To determine the cause of the fire and/or explosion, it is important to speak with witnesses and fire investigators as well as to obtain any photos or video of the fire and any and all documents related to fire.    

After a fatal fire, house fire, smoke inhalation fire, or other fire that has caused a death, serious burns, injuries, or significant property damage, it is often a good idea to have an experienced fire lawyer investigate a potential fatal house fire lawsuit, serious burn lawsuit, defective smoke detector lawsuit, gas explosion lawsuit, apartment fire lawsuit, smoke inhalation lawsuit, and/or a work place fire lawsuit to make sure that those responsible for the fire pay for the damages that they have caused.


Fatal House Fire Lawsuits, Serious Burn Lawsuits, Gas Can Fire Lawsuits, Water Heater Explosion Lawsuits, House Fire Lawsuits, Texas Serious Burn Lawsuits, Texas Fatal Fire Lawsuits, Defective Gas Can Lawsuits, Defective Gas Container Lawsuits, and House Explosion Lawsuits

It is important to remember that a fatal house fire or serious burn fire can be the result of defective products, careless workers, negligent property owners, defective water heaters, defective gas cans, failure of products to have child proofing, defective wiring, defective appliances, negligence maintenance, and many other negligent actions.  To determine the cause of the fire and/or explosion, it is important to speak with witnesses and fire investigators as well as to obtain any photos or video of the fire and any and all documents related to fire.    

One common cause of fatal house fires are defective products including defective water heaters and defective gas cans. Some gas containers and gas cans can be unreasonably dangerous and defectively designed resulting fatal fires, fires that cause serious burns and catastrophic injuries, house fires that destroy homes, and other fires that cause serious injury, death, and/or damage to property.  Some of these defective gas containers and gas cans do not contain a safety device known as a flame arrester which can prevent a flashback of the flames into a gas can or gas container.  This flame arrester can prevent a gas can explosion that can cause a person to be burned to death or suffer serious and disfiguring burns.   

Other safety features for gas cans and gas containers include child resistant caps and closures to reduce the risk of spills.  By including flame arrestors, child resistant caps, adequate warnings, and other safety features in gasoline cans and gasoline containers, many home fires, fatal fires, and other fires can be prevented. For more information on gas can lawsuits, gas container lawsuits, defective gasoline container lawsuits, defective gasoline container lawsuits, please go to the following web page on Gas Can Fire Lawsuits and Gas Container Fire Lawsuits.

There are many other defective products that can cause house fires and home explosions including defective appliances and defective vehicles.  When investigating a Fatal House Fire or Explosion, it is important to make sure a thorough investigation of all potential causes is made.  For more information on Fatal House Fire Lawsuits and Fatal Home Gas Explosion Lawsuits, please go to the following web page on Fatal House Fire Lawsuits, Fire Death Lawsuits, and Serious Burn Lawsuits.

Friday, December 10, 2010

Medicare Fraud Illegal Kickback Lawsuits, Medicare Fraud Medical Device Kickback Lawsuits, Illegal Hospital Kickback False Claims Act Lawsuits, Medicaid Fraud Kickback Lawsuits, and other Illegal Kickback Qui Tam Health Care Fraud Lawsuits

Medicare Fraud Illegal Kickback Lawsuits, Medicare Fraud Medical Device Kickback Lawsuits, Illegal Hospital Kickback False Claims Act Lawsuits, Medicaid Fraud Kickback Lawsuits, and other Illegal Kickback Qui Tam Health Care Fraud Lawsuits by Medicaid and Medicare Illegal Kickback Whistleblower Lawyer Jason S. Coomer


Medicare Fraud and Medicaid Fraud Whistleblowers are stepping forward to blow the whistle on illegal kickbacks that cost taxpayers millions of dollars.  The anti-kickback statute makes it illegal for health care providers to knowingly and willfully accept bribes or kickbacks in return for generating Medicare referrals, Medicaid referrals, Tricare referrals, or other federal healthcare program business.  The federal anti-kickback law's main purpose is to protect patients and federal health care programs from fraud and abuse by curtailing the corrupting influence of money on health care decisions.  
   
Medicare & Medicaid Referral Kickback Lawsuits, Federal Health Program Medical Provider Referral and Service Kickback Law Claims, and other Qui Tam Health Care Fraud Lawsuits (Whistleblower Law Suits)


The Anti-Kickback Statute prevents payoffs to those who have the power to influence health care decisions and potentially make a profit at the expense of patients and the Federal Government.  This prohibition removes potential economic incentives that could influence health care providers to refer or recommend medical goods and services that are medically inappropriate, medically unnecessary, of poor quality, or even harmful to a vulnerable patient population. This legislation combined with the Federal False Claims Act protects federal health care programs from difficult to detect kickback referrals and services as well as provides economic incentives to whistle blowers properly report medical providers that are wrongfully taking money through bribes, and unlawful kickbacks.

Heart Device Manufacturer in Minnesota and Hospitals in Ohio & Kentucky to Pay Nearly $4 Million to Resolve Fraud Allegations

St. Jude Medical Inc., a heart device manufacturer; Parma Community General Hospital; and Norton Healthcare have paid the United States $3,898,300 to resolve false claim allegations that St. Jude paid illegal kickbacks to two hospitals to secure heart-device business, the Justice Department announced today. The government alleges the kickbacks caused false claims to be submitted to federal health care programs in violation of the False Claims Act. The kickbacks included alleged rebates that were "retroactive" and paid based on a hospital’s previous purchases of St. Jude heart-device equipment and rebates that St. Jude paid for purchases of heart-device equipment sold by its competitors to induce purchases of similar equipment from St. Jude in the future.

Under the terms of the settlement, St. Jude, headquartered in St. Paul, Minn., will pay $3,725,000. Parma Community General Hospital, located in Parma, Ohio, is paying $40,000, and Norton Healthcare in Louisville, Ky., is paying $133,300. The government asserted that Parma and Norton were recipients of improper rebates from St. Jude.

"Hospitals should base their purchasing decisions on what is in the best interests of their patients," said Tony West, Assistant Attorney General for the Civil Division of the Department of Justice. "We will act aggressively to ensure that choices about health care are not tainted by illegal kickbacks."

This action was initiated by the filing of an action under the False Claims Act by Jerry Hudson. Under the qui tam, or whistleblower, provisions of the Act, private citizens may bring lawsuits on behalf of the United States and share in any recovery. Mr. Hudson’s share of the settlement announced today will be $640,050.

"The Department of Justice is committed to requiring that federal healthcare monies are properly spent," said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio. "This case illustrates the necessity of oversight of federal health care programs in the United States."

The settlement was the result of an investigation by the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Northern District of Ohio, the Office of Inspector General at the U.S. Department of Health and Human Services, and the FBI.

This settlement is part of the government’s emphasis on combating health care fraud. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover approximately $3.0 billion since January 2009 in cases involving fraud against federal health care programs.


Medicare & Medicaid Referral Kickback Lawsuits, Federal Health Program Medical Provider Referral and Service Kickback Law Claims, and other Qui Tam Health Care Fraud Lawsuits (Whistleblower Law Suits)

In 1972, the United States Congress passed the anti-kickback statute which made it illegal for providers, including doctors, to knowingly and willfully accept bribes or other forms of remuneration in return for generating Medicare, Medicaid or other federal healthcare program business.  The federal anti-kickback law's main purpose was to protect patients and federal health care programs from fraud and abuse by curtailing the corrupting influence of money on health care decisions.  The legislation prevents payoffs to those who have the power to influence health care decisions.  This prohibition removes potential economic incentives that could influence health care providers to refer or recommend medical goods and services that are medically inappropriate, medically unnecessary, of poor quality, or even harmful to a vulnerable patient population. This legislation protects federal health care programs from difficult to detect kickback referrals and services as well as works with other laws to provide incentives for whistle blowers that are aware of medical providers that are wrongfully taking money to benefit from disclosing these unlawful kickbacks.


Federal Anti-Kickback Statute Lawsuits, Federal Health Care Program Referral Claim Lawsuits, Federal Health Care Program Medical Supply Bribery Claim Lawsuits, and Benefits for Generating Medicare, Medicaid, Champus/Tricare, and other Federal Health Care Program Lawsuits

The Anti-Kickback statute prohibits any person or business entity from making or accepting payment to induce or reward any person for referring, recommending or arranging for the purchase of any item or service for which payment may be made under a federally-funded health care program. The statute prohibits kickbacks, bribes, inducements, rewards, and other economic incentives that induce physicians to refer patients for services or recommend purchase of medical supplies that will be reimbursable under government health care programs.

Health Care Provider claims for reimbursement to federal health care programs for services or medical supplies that are the result of bribes, kickbacks, or other economic incentives are false claims and are subject to potential Medicare Fraud Kickback Lawsuits including Medicare Anti-Kickback Statute Lawsuits, Medicaid False Claims Act Lawsuits, and other Federal Health Care Program Fraud Lawsuits.

Failure of  a health care provider to comply with the Anti-Kickback Statute is a precondition to participation in federal health care programs and violations of the Anti-Kickback Statute can result in loss of funding, payments, and reimbursements from Medicare, Medicaid, and other Federal Health Care Programs. 

Because the Anti-Kickback Statute was initially broad on its face, concerns arose among health care providers that some beneficial commercial arrangements were prohibited. Responding to these concerns, Congress authorized "safe harbors" for various payment and business practices that, while potentially prohibited by the law, would not be prosecuted.  The Antikickback Statute contains certain exceptions or "safe habors", which allow conduct that would otherwise violate the statute including allowing the Secretary of Department of Health and Human Service to promulgate regulations which identify  practices which do not violate the Antikickback Statute. Some of these safe habors can be found at 42 C.F.R. § 1001.952.   

Medicare Fraud Kickback Lawsuits, Medicaid Fraud Kickback Lawsuits, and the Government Contractor Fraud Qui Tam Whistleblower Lawsuit Information Center (False Claims Act Medicare Fraudulent Kickback Whistleblower Qui Tam Action Information)

For more information on Medicare Fraud, Tricare Fraud, Medicaid Fraud, Defense Contractor Fraud, Off Label Fraud, Road Construction Fraud, and other types of False Claims Act Whistleblower Claims, please go to the Medicaid and Medicare Fraud Kickback Lawsuit Webpage on the Texas Medicare Fraud Illegal Kickback Lawyer Website or the  Qui Tam, Whistleblower, and Federal Federal False Claims Act Information Center.