Securities Fraud Whistleblower Bounty Actions and Financial Fraud Whistleblower Lawsuits Provide Economic Incentives to Crack Down on Securities Fraud, Derivative Fraud, Commodity Fraud, and other Financial Fraud

Financial Fraud Whistleblower Lawsuits, Securities Fraud Whistleblower Bounty Actions, SEC Whistleblower Incentive Program Claims, Derivative Fraud Bounty Actions, & Dodd-Frank Act Financial Fraud Whistleblower Bounty Actions Provide Economic Incentives for Wall Street Fraud and Financial Fraud Whistleblowers by Texas Securities, Commodity, and Financial Fraud Whistleblower Lawyer Jason Coomer

Providing economic incentives to Medicare Fraud Whistleblowers, Medicaid Fraud Whistleblowers, and Defense Fraud Whistleblowers has created Billions of Dollars in recoveries to the federal government and has helped reduce health care fraud.  Recent changes in the law are now using the power of the free market and economic incentives to crack down on financial fraud including securities fraud, stimulus fraud, derivative fraud, investment fraud, and commodities fraud.  By offering large economic incentives to highly sophisticated investors and other financial fraud whistleblowers that understand complex investment fraud financial scams,  the government is hoping that private citizens with a deep understanding of and knowledge of financial fraud will help stop several types of financial fraud.

SEC Securities Fraud Whistleblower Lawsuits, CFTC Commodity Fraud Whistleblower Lawsuits, SEC Whistleblower Incentive Program Claims, Financial Fraud Derivatives Bounty Actions, Dodd-Frank Act Financial Fraud Whistleblower Bounty Actions, & other Financial Fraud Claims, Actions, and Lawsuits

The federal government is offering financial incentives to securities fraud whistleblowers, commodity fraud whistleblowers, stimulus fraud whistleblowers, and other financial fraud whistleblowers to step up and blow the whistle on Securities and Exchange Commission SEC violations, Commodity Future Trading Commission CFTC violations, derivative fraud, and other forms of financial fraud.  Recent legislation not only strengthens existing qui tam and whistleblower protection laws, but also creates new whistleblower bounties that can be collected by whistleblowers that properly report SEC violations, financial fraud, securities fraud, commodities fraud, and stimulus fraud. 

  

Dodd-Frank Wall Street Reform and Consumer Protection Act Created the SEC Incentive Program Allowing New Whistleblower Bounty Provisions that allows Qualified Financial Fraud Whistleblowers, Securities Fraud Whistleblowers, and SEC Violation Whistleblowers to Collect Rewards for SEC Bounty Claims

In July 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law which includes significant new financial fraud bounty whistleblower provisions.  These provisions create economic incentives for SEC violation whistleblowers and other financial fraud whistleblowers with "original information" of SEC violations and financial fraud to blow the on large scale financial fraud and SEC violations.  

These SEC bounty claims must be brought voluntarily under the SEC Bounty Programs by one or more individuals.  The whistleblower or whistleblowers must be a natural person or natural persons, companies or other entity is not eligible to be financial fraud bounty whistleblowers.  Successful SEC violation bounty whistleblowers and financial fraud whistleblowers can collect financial rewards for whistleblower bounty actions that result in the imposition of monetary sanctions of greater than $1 million dollars.  This new financial fraud SEC bounty program is called the "Securities Whistleblower Incentives and Protection". 

Through SEC Whistleblower Bounty Actions the SEC will award between ten percent and thirty percent of the money collected to a qualified whistleblower who voluntarily provides the SEC with original information about a violation of the securities laws that leads to a successful enforcement of an action brought by the SEC that results in monetary sanctions exceeding $1,000,000.00.  

So long as the financial fraud whistleblower or financial fraud whistleblowers base their claims on "original information", any person (not just an employee or insider) may file a SEC financial fraud bounty claim.  Further, if the financial fraud whistleblower is represented by an attorney, the whistleblower may file the financial fraud bounty claim anonymously.  However, before the financial fraud bounty award is paid, the whistleblower's identity shall be revealed to the SEC and SEC shall be provided information about the whistleblower that it requests. 

SEC Securities Fraud Whistleblower Lawsuits, Dodd-Frank Act Financial Fraud Whistleblower Bounty Actions, CFTC Commodity Fraud Whistleblower Lawsuits, SEC Whistleblower Incentive Program Claims, Financial Fraud Derivatives Bounty Actions, & Financial Fraud False Claims Act Whistleblower Lawsuits

Financial Fraud Whistleblower Lawsuits, Securities Fraud Whistleblower Lawsuits, Commodity Fraud Whistleblower Lawsuits, Stimulus Fraud Whistleblower Lawsuits, and SEC Violation Whistleblower Lawsuits will become more common with the enactment of laws like the Dodd-Frank Wall Street Reform and Consumer Protection Act that create bounties that can be collected by whistleblowers that properly report SEC violations, financial fraud, securities fraud, commodities fraud, and stimulus fraud that result in monetary sanctions over one million dollars ($1,000,000.00).  The SEC can award the whistleblower up to 30% of the money collected.

SEC fines like the $550 million dollar fine that Goldman Sachs agreed to pay in 2010 to settle a civil suit over a package of mortgage-backed securities designed by a hedge fund which was shorting the housing market, the $50 million dollar SEC fine of GE for accounting misdeeds when General Electric broke rules and defrauded investors, and the SEC fines to Citigroup Inc. and Putnam Investments for $20 million and $40 million, for alleged concealing from customers the fact that brokers were paid to recommend certain mutual funds, creating a conflict of interest are examples of financial fraud that Congress is hoping financial fraud whistleblowers will come forward and expose.

By creating whistleblower bounties for investors and people with specific information of financial fraud, it is expected that hard to detect financial fraud including derivative market fraud and investment fraud will be exposed to help regulate the financial market and prevent large investment corporations, banks, hedge funds, and other large corporations from committing financial fraud of billions of dollars.

Stimulus Fraud Lawsuits, Financial Fraud Qui Tam Lawsuits, and the Fraud Enforcement and Recovery Act of 2009 (May 2009)

In May 2009, the Fraud Enforcement and Recovery Act of 2009 was signed into law which makes important amendments to the country's most important tool for fighting fraud, the False Claims Act.  This new Federal False Claim Act Legislation will protect hundreds of billions spent on government programs from fraud and government waste and expand the ability of whistleblowers to collect compensation.

This Act amends the False Claims Act to: (1) expand liability under such Act for making false or fraudulent claims to the federal government; and (2) apply liability under such Act for presenting a false or fraudulent claim for payment or approval (currently limited to such a claim presented to an officer or employee of the federal government). Requires persons who violate such Act to reimburse the federal government for the costs of a civil action to recover penalties or damages.  The Act also modifies and expands provisions of the False Claims Act relating to intervention by the federal government in civil actions for false claims, sharing of information by the Attorney General with a claimant, retaliatory relief, and service upon state or local authorities in sealed cases.

The Act also redefines "claim" to include claims submitted "to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the Government's behalf or to advance a Government program or interest."  This language makes explicit the ability of Government and whistleblowers to pursue subcontractors and grantees.  This expansion will create potential liability to health care providers and other businesses that contract with government programs including Medicaid and Medicare.

The Act also redefines "obligation" to include "an established duty, whether or not fixed," arising from a variety of relationships, and specifically includes obligations "arising from statute or regulation, or from the retention of any overpayment."  This change allows the government and whistleblower to pursue violations of regulatory statutes with penalty provisions as False Claims Act Case and pursue false documents which are "material to an obligation to pay or transmit money...to the Government" regardless of whether a false claim has been submitted.  For example, a government contractor who backdates records to support a claim already submitted could be liable under this expansion.

The Act also expand the anti-retaliation provisions from only employees to include "contractors and agents" who "act to stop one or more violations."  This expanded protection could extend to contractors in government-funded managed care plans who take action to stop false reporting or illegal denial of service by the plan.

These expansions to the Federal False Claims Act should increase the number of Federal False Claims Act Lawsuits and allow the Federal Government to crack down on fraud and wasteful spending as well as recoup money that has been fraudulently obtained.

The Fraud Enforcement and Recovery Act also expands federal fraud laws to encompass independent mortgage companies, which are not currently covered by antifraud statutes that apply to traditional banks. Such independent mortgage companies originated approximately half of all subprime loans in 2005 and 2006. The bill defines a financial institution that will be covered by the fraud statutes as any business that finances or refinances mortgages. The Act expands the mortgage-related violations that are subject to both criminal and civil punishments. Additionally, the legislation makes it a crime to appraise a property falsely, an effort to prevent the purposeful inflation of home value appraisals that contributed to the housing bubble and the resulting housing crisis.

The Fraud Enforcement and Recovery Act strengthens protections against attempts to defraud the federal government, particularly through the Troubled Asset Relief Program and the economic stimulus package; expands the financial instruments that are covered by the securities fraud statute; and clarifies a money laundering statute. The Act provides $490 billion in spending for investigation and prosecution of mortgage fraud, securities fraud, and fraud cases involving federal economic assistance.

American Recovery and Reinvestment Act of 2009 (February 2009)

In February 2009, the American Recovery and Reinvestment Act of 2009 was signed into law which includes significant new whistleblower provisions. Section 1553 of the Act prohibits any private employer or state or local government that receives any funds pursuant to the Act from retaliating against an employee who discloses, internally or externally, information that the employee reasonably believes constitutes evidence of one or more of a number of specified improper uses of stimulus funds, including gross mismanagement of an agency contract or grant, gross waste of covered funds, or an abuse of authority related to the implementation or use of covered funds. Section 1553 establishes procedures and damage remedies that are similar in some ways to those with which many employers are familiar under Section 806 of the Sarbanes-Oxley Act ("SOX"), but its whistleblower provisions go beyond the whistleblower protections of SOX in several respects.

TARP Fraud Whistleblower Lawsuits, Bail Out Fraud Whistleblower Lawsuits, Financial Fraud Federal False Claims Act Lawsuits, and Stimulus Fraud Qui Tam Whistleblower Lawsuits

Many financial fraud whistleblower lawsuits may include also include elements of stimulus fraud whistleblower qui tam lawsuits or other Federal False Claims Act Lawsuits.  This potential Financial Fraud Actions under the Federal False Claims Act may allow a stimulus fraud whistleblower or other financial fraud whistleblower to potentially collect a large recovery for blowing the whistle on financial fraud. 

The Troubled Asset Relief Program (TARP) is a $700 Billion Bail Out of the troubled United States Banking and Credit System.  It was designed to unfreeze the credit market and enable the government to purchase residential and commercial mortgage assets, including whole loans and securities.  Unfortunately, after it was announced numerous Corporate interests began scheming on how to get as much of the Bail Out money as possible and use the money not for its intended purpose, but to enrich the corporations, shareholders, and CEOs that were able to get a portion of the money.

If you are aware of a corporation, CEO, or individual that has fraudulently obtained Bail Out money or intentionally used this money contrary to its intended purpose, there may be a viable Qui Tam Claim that would allow you not only to recoup government money for U.S. taxpayers, but also collect a portion of that money for yourself. 

Economic Incentives for Whistleblowers Lawsuits, Government Fraud Lawsuits, and Qui Tam Lawsuits Are One of the Least Expensive and Most Effective Mean of Preventing Fraud

When a government imposes a penalty, for the doing or not doing an act, and gives that penalty in part to whistleblowers that will sue for the same, and the other part of the recovery goes to the government, and makes it recoverable by action, such actions are called "qui tam actions", the plaintiff is suing on their own behalf as well for the government and taxpayers.

Qui tam provisions of the False Claims Act are based on the theory that one of the least expensive and most effective means of preventing frauds on taxpayers and the government is to make the perpetrators of government fraud liable to actions by private persons acting under the strong stimulus of personal ill will or the hope of gain.

The strong public policy behind creating an economic gain for whistleblowers is that  the government would be significantly less likely to learn of the allegations of fraud, but for persons in certain positions with specialized knowledge of fraud that has been committed. Congress has made it clear that creating this economic incentive is beneficial not only for the government, taxpayers, and the realtor, but is an efficient method of regulating government to prevent fraud and fraudulent schemes.

The central purpose of the qui tam provisions of the False Claims Act is to set up incentives to supplement government regulation and enforcement by encouraging whistleblowers with specialized knowledge of fraud going on in the government to blow the whistle on the crime.

The whistleblower's share of recovery is a maximum of 30 percent and the government's prior knowledge of fraud now does not necessarily bar a whistleblower from collecting lost revenue. If the government takes over the lawsuit, the relator can "continue as a party to the action." The defendant is also required to pay for the relator's attorney fees. The whistleblower is also protected from retaliatory actions by his or her employer. As a result a 1986 amendment to the False Claims Act, qui tam lawsuits have increased dramatically.   Though the amendment was first made for corrupt defense contractors, the amendment has uncovered billions of dollars in health care fraud and will probably apply to fraudulently obtained TARP and Bail Out Funds. 

Securities and Exchange Commission SEC Violation Whistleblower Lawsuit, Dodd-Frank Act Financial Fraud Whistleblower Bounty Lawsuit, SEC Whistleblower Incentive Program Lawsuit, SEC Violation Lawsuit, Financial Fraud False Claims Act Whistleblower Lawsuit, Securities Fraud Action, Commodity Fraud Action, and SEC Fraud Qui Tam Whistleblower Lawsuit

Through Federal False Claims Act Whistleblower Lawsuits, Qui Tam Lawsuits, and other Government Fraud Lawsuits, billions of dollars have been recovered from fraudulent government contractors and corporations that have committed fraud and stolen large amounts of money from the government and taxpayers.

It is extremely important that Whistleblowers continue to expose fraudulent billing practices and unnecessary treatments that cost billions of dollars.   For more information on Whistleblower Lawsuits, please feel free to follow the these linkes: Medicare Fraud Whistleblower Lawsuits, Defense Contractor Fraud Whistleblower Lawsuits, Stimulus Fraud Whistleblower Lawsuits, Health Care Fraud lawsuit, Medicare and Medicaid Fraud Lawsuits, Defense Contract Fraud Lawsuits, Government Contractor Fraud Whistleblower Lawsuits, or Dentist CHIP Fraud Lawsuits and Dental Medicaid Billing Fraud Lawsuits.  For more information on Financial Fraud Whistleblower Lawsuits including Securities Fraud, Derivatives Fraud, Investment Fraud, and Commodity Fraud following the following link on Securities Fraud Whistleblower Bounty Actions & Financial Fraud Whistleblower Lawsuits.

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.

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.

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.    

For more information on a this topic, please go to the following web page on Pharmaceutical Quality Assurance Whistleblower Lawsuits, Drug Safety Whistleblower Lawsuits, Adulterated Drug Whistleblower Lawsuit, Contaminated Drug Whistleblower Lawsuits, and Pharmaceutical Drug Calibration Whistleblower  Qui Tam Lawsuits.

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.

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.

Dentist Medicaid Fraud Lawsuits, Orthodontist Medicaid Fraud Lawsuits, and other Medicare and Medicaid Fraud Lawsuits

Dentist Medicaid Fraud Lawsuits, Orthodontist Medicaid Fraud Lawsuits, Medicaid Fraud Dentist Office Whistleblower Lawsuits, Unnecessary Dental Work Medicaid Fraud, Medicare Upcoding Fraud Lawsuits, Dental Upcoding Medicaid Fraud, Orthodontic Medicaid Fraud Lawsuits, and Dentist Office Qui Tam Whistleblower Lawsuits
by Texas Orthodontist and Dentist Medicaid Fraud Whistleblower Lawyer Jason S. Coomer

Like Medicaid Fraud Lawsuits and Medicare Fraud Lawsuits,  Dentist Medicaid Fraud Whistleblower Lawsuits and Dental Medicare Whistleblower Lawsuits are on the rise.  It is expected that Medicaid and Medicare Fraud Whistleblowers including many Dentist Medicaid Fraud Whistleblowers, Orthodontist Medicaid Fraud Whistleblowers, and Dental Medicaid Fraud Whistleblowers will save the government Billions of dollars and be able to collect a portion of the recovered money for being American heroes and exposing fraud against tax payers. 

 

Dentist Medicaid Fraud Lawsuits, Dental Medicaid Fraud Lawsuits, Medicaid Fraud Dentist Office Federal False Claims Act Whistleblower Lawsuits, Unnecessary Dental Work Medicaid Fraud, Dental Upcoding Medicaid Fraud, and Dentist Office Qui Tam Whistleblower Lawsuits

Dentists, Orthodontists, Dental Clinics, Orthodontic Groups, and other health care professionals that take Medicaid and Medicare payments including Federal Medicaid Benefits and State Medicaid Benefits are becoming more common.  These Dental and Orthodontic Groups take payments from federal and state funded programs for providing basic dental services to individuals and families.  However, in order to increase profits some of these dental clinics, dental groups, orthodontists, dentists, and orthodontic groups provide false billing statements to the government including double billing, triple billing, billing for services not provided, upcoding, or billing for unnecessary services.  This billing fraud is dental Medicaid Billing Fraud, orthodontic Medicaid Billing Fraud, dental Medicare Billing Fraud, and orthodontic Medicare Billing Fraud.

It is important for families with children needing dental care or orthodontic care to be able to obtain these services as well as elderly people to be able to obtain dental care and orthodontic care, but it is also important that health care fraud including Medicare Fraud and Medicaid Fraud are stopped.  Dental Medicaid Fraud Whistleblowers, Dentist Medicare Fraud Whistleblowers, Orthodontist Medicaid Fraud Whistleblowers, Orthodontic Medicaid Fraud Whistleblowers, and other Medicare Fraud and Medicaid Fraud Whistleblowers are an essential necessary part of identifying and stopping health care fraud.

Dentist Medicaid Fraud Lawsuits, Dental Clinic Medicaid Fraud Lawsuits, Orthodontist Medicaid Billing Fraud Lawsuits, Double Billing Medicaid Fraud and Unnecessary Dental Work Medicaid Fraud Lawsuits, Dental Upcoding Medicaid Fraud Lawsuits, and Dentist Qui Tam Whistleblower Lawsuits

As Medicaid and Medicare spending increases, some health care providers including dentists and orthodontists are making false claims for services including billing for services not provided, upcoding services, double billing, and providing unnecessary services.  As such, it is important for Dentists, Orthodontists,  Dentist Office Managers, Orthodontics Office Managers, Medicaid Billing Clerks, Medicaid Coders, and other Dental Professionals to become Medicaid whistleblowers to seek compensation on the government's behalf from companies and people that have defrauded taxpayers out of government money. 

Medicaid Billing Fraud Lawsuits, Medicare Billing Fraud Lawsuits, and the Increase in Medicare and Medicaid Spending

Medicaid is a public health care problem in the United States that provides health care, dental care, and orthodontic care for eligible individuals and families with low incomes and resources. The Medicaid Program is jointly funded by state and federal governments, but is managed by the states.  Medicaid is the largest source of funding for medical and health-related services for people with limited income in the United States and the Medicaid program has been increasing.  The fastest growing aspect of Medicaid is nursing home coverage and this is expected to continue as the Baby Boomer generation begins to reach nursing home age. 

Unlike Medicare, which is solely a federal program, Medicaid is a joint federal-state program. Each state operates its own Medicaid system.  Each state's Medicaid Program must conform to federal guidelines in order for the state to receive matching funds and grants.  For many states Medicaid has become a major budget issue as on average the state's matching costs of the Medicaid program is about 16.8% of state general funds. According to CMS, the Medicaid program provided health care services to more than 46.0 million people in 2001. In 2008, Medicaid provided health coverage and services to approximately 49 million low-income children, pregnant women, elderly persons, and disabled individuals. Federal Medicaid outlays were estimated to be $204 billion in 2008.  Medicaid payments currently assist nearly 60 percent of all nursing home residents and about 37 percent of all childbirths in the United States. The Federal Government pays on average 57 percent of Medicaid expenses. 

Texas Dentist Medicaid Fraud Lawsuits, Texas Dental Medicaid Fraud Lawsuits, Texas Orthodontist Medicaid Billing Fraud Lawsuits, South Texas Medicaid Orthodontic Group Medicaid Billing Fraud, South Texas Medicaid Billing Fraud Whistleblower Lawsuits, Texas Medicaid Fraud Double Billing Lawsuits, Texas Unnecessary Dental Work Medicaid Fraud, South Texas Dental Upcoding Medicaid Fraud Lawsuits, and Dentist Office Qui Tam Whistleblower Lawsuits

The Medicaid program in Texas spendS about $10 Billion annually on providing health care benefits to the poor.  The Texas Medicaid program includes dental work including check ups, fillings, and braces.  Of the Medicaid services provided, it is thought that there is an increasing amount of Medicaid Billing Fraud that could be costing tax payers hundreds of millions of dollars each year. 

As such, it is vitally important for Texas Medicaid Fraud Whistleblowers to step up and blow the whistle on Medicaid Billing Fraud.  Texas Medicaid Whistleblowers, Texas Orthodontic Medicaid Fraud Whistleblowers, and Texas Dentist Medicaid Billing Fraud Whistleblowers need to step up and blow the whistle to stop this Medicaid Fraud.  By filing  Texas Dentist Medicaid Fraud Lawsuits, Texas Dental Medicaid Fraud Lawsuits, Texas Orthodontist Medicaid Billing Fraud Lawsuits, South Texas Medicaid Orthodontic Group Medicaid Billing Fraud, South Texas Medicaid Billing Fraud Whistleblower Lawsuits, Texas Medicaid Fraud Double Billing Lawsuits, Texas Unnecessary Dental Work Medicaid Fraud, South Texas Dental Upcoding Medicaid Fraud Lawsuits, and Dentist Office Qui Tam Whistleblower Lawsuits, Texas Whistleblowers can save the Texas and the United States hundreds of millions of dollars and may be able to recover tens of millions of dollars themselves if they are successful relators. 

The Increase in Government Health Care Spending including Medicare Spending, VA Spending, Tricare Spending, and Medicaid Spending is creating More Health Care Fraud, Medicare Fraud, Medicaid Fraud, and VA Medical Fraud and the need for more Medicaid Billing Fraud Whistleblower Lawsuits, Medicare Billing Fraud Whistleblower Lawsuits, and other Health Care Fraud Whistleblower Lawsuits

Health Care Fraud costs United States Tax Payers approximately $90 billion each year through Medicare, Medicaid, and other government health care programs.  Because the Medicare budget, the Medicaid Budget, the VA Budget, the TRICARE Budget, Medicaid Fraud, and Medicare Fraud are continuing to increase each year, it is vitally important that Medicare Fraud Whistleblowers, Medicare Fraud Upcoding Fraud Whistleblowers, Medicare Medicaid Fraud Hospital Whistleblowers, Hospice Medicare Fraud Whistleblowers, and Medicare Medicaid Fraud Nursing Home Whistleblowers continue to step forward and blow the whistle on health care fraud.

Medicare is Different from Medicaid, but both Medicare Billing Fraud Whistleblowers and Medicaid Billing Fraud Whistleblowers are needed to File Medical Billing Fraud Lawsuits

In 2009, the Medicare program covered an estimated 45 million persons and this number is expected to grow as about 7,000 people a day are reaching retirement age.  As millions of people are added to the Medicare budget each year, the cost of the Medicare budget is expected to grow.  The Medicare programd consists of four distinct parts which are funded differently: 

Part A (Hospital Insurance, or HI) covers inpatient hospital services, skilled nursing care, and home health and hospice care. The HI trust fund is mainly funded by a dedicated payroll tax of 2.9% of earnings, shared equally between employers and workers.

Part B (Supplementary Medical Insurance, or SMI) covers physician services, outpatient services, and home health and preventive services. The SMI trust fund is funded through beneficiary premiums (set at 25% of estimated program costs for the aged) and general revenues (the remaining amount, approximately 75%).

Part C (Medicare Advantage, or MA) is a private plan option for beneficiaries that covers all Part A and B services, except hospice. Individuals choosing to enroll in Part C must also enroll in Part B. Part C is funded through the HI and SMI trust funds. 

Part D covers prescription drug benefits. Funding is included in the SMI trust fund and is financed through beneficiary premiums (about 25%) and general revenues (about 75%).

Spending on Medicare and Medicaid is projected to grow dramatically in coming decades. While the same demographic trends that affect Social Security also affect Medicare, rapidly rising medical prices appear to be a more important cause of projected spending increases.

Economic Incentives for Whistleblowers Lawsuits, Government Fraud Lawsuits, and Qui Tam Lawsuits

When a government imposes a penalty, for the doing or not doing an act, and gives that penalty in part to whistleblowers that will sue for the same, and the other part of the recovery goes to the government, and makes it recoverable by action, such actions are called "qui tam actions", the plaintiff is suing on their own behalf as well for the government and taxpayers.

Qui tam provisions of the False Claims Act are based on the theory that one of the least expensive and most effective means of preventing frauds on taxpayers and the government is to make the perpetrators of government fraud liable to actions by private persons acting under the strong stimulus of personal ill will or the hope of gain.

The strong public policy behind creating an economic gain for whistleblowers is that  the government would be significantly less likely to learn of the allegations of fraud, but for persons in certain positions with specialized knowledge of fraud that has been committed. Congress has made it clear that creating this economic incentive is beneficial not only for the government, taxpayers, and the realtor, but is an efficient method of regulating government to prevent fraud and fraudulent schemes.

The central purpose of the qui tam provisions of the False Claims Act is to set up incentives to supplement government regulation and enforcement by encouraging whistleblowers with specialized knowledge of fraud going on in the government to blow the whistle on the crime.

The whistleblower's share of recovery is a maximum of 30 percent and the government's prior knowledge of fraud now does not necessarily bar a whistleblower from collecting lost revenue. If the government takes over the lawsuit, the relator can "continue as a party to the action." The defendant is also required to pay for the relator's attorney fees. The whistleblower is also protected from retaliatory actions by his or her employer. As a result a 1986 amendment to the False Claims Act, qui tam lawsuits have increased dramatically.   Though the amendment was first made for corrupt defense contractors, the amendment has uncovered billions of dollars in health care fraud and will probably apply to fraudulently obtained TARP and Bail Out Funds. 

Federal False Claim Act Whistleblower Lawyers and Federal False Claims Act Fraud Lawsuits (Qui Tam Lawyers & Relator Claims)

Through Federal False Claims Act Whistleblower Lawsuits, Qui Tam Lawsuits, and other Government Fraud Lawsuits, hundreds of billions of dollars have been recovered from fraudulent government contractors that have stolen large amounts of money from the government and taxpayers.

It is extremely important that Whistleblowers continue to expose fraudulent billing practices and unnecessary treatments that cost billions of dollars.   For more information on Qui Tam and False Claims Act Lawsuits, please feel free to go to the following web pages: Medicare Fraud Lawsuits, Defense Contractor Fraud Lawsuits, Stimulus Fraud Lawsuits, Government Contractor Fraud Lawsuits, Health Care Fraud Lawsuits, Medicare and Medicaid Fraud Lawsuits, Defense Contract Fraud Lawsuits, or other Government Fraud Lawsuits.  For more information on Dentist Medicaid Fraud Lawsuits and Orthodontist Medicaid Fraud Lawsuits, please go to the following web page: Dentist Medicaid Fraud and Orthodontist Medicaid Fraud Lawsuits.

Medical Mistake Infant Death Lawsuits, Birth Injury Lawsuits, & Birth Defect Lawsuits by Texas Infant Death and Birth Injury Lawyer Jason S. Coomer

Medical Mistake Infant Death Lawsuits, Medical Error Birth Injury Lawsuits, Brachial Plexus Birth Injury Lawsuits, Medical Malpractice Lack of Oxygen Lawsuits, Fatal Physician Mistake Lawsuits, Doctor Error Infant Death Lawsuits, Infant Hypoxia Lawsuits, Cerebral Palsy Birth Injury Lawsuits, and Drug Birth Defect Lawsuits by Texas Infant Death and Birth Injury Lawyer Jason S. Coomer

Medical mistake infant death lawsuits, birth injury lawsuits, and birth defect lawsuits are some of the most difficult types of Medical Malpractice Lawsuits to handle because of the emotion that goes along with them.  Parents who should be celebrating the birth of a new child, are often caught off guard when their child dies during or shortly after birth or is born with severe disabilities.  It is often all the parents can do to grieve their loss or take care of their new child.  Many don't realize that someone may be responsible for their child's death, birth injury or birth defect.

Infant Brain Injury Lawsuits and Causes of Hypoxia During Birth (Infant Death and Birth Injury Hypoxia Brain Damage Lawsuits)

Several reasons can cause an unborn child to suffer hypoxia resulting in a brain injury  during the birthing process including a difficult labor, unreasonable delay in performing a C-section, delay in delivering an extremely large baby, gestational diabetes in the mother, failure to properly and timely resuscitate the baby, maternal or fetal bleeding complications, excessive administration of Pitocin, and placenta previa. It is important during any birth to have medical professionals that are able to protect the safety of the mother and child by not allowing any of these factors to become a problem. If problems arise and these difficulties occur during the birth of your child and the child sustains a brain injury, you may want to contact a Birth Injury Lawyer with the skill and dedication to help you get the compensation. 

For more information on Lack of Oxygen Infant Death Lawsuits, Medical Mistake Brain Damage Lawsuits, and other Lack of Oxygen Hypoxia Lawsuits, please go to our Lack of Oxygen Infant Death Lawsuit, Medical Mistake Brain Damage Lawsuit, and other Lack of Oxygen Hypoxia Lawsuit Page.

Cerebral Palsy Birth Injury Lawsuits

"Cerebral" refers to the brain and "palsy" to muscle weakness/poor control. Cerebral palsy itself is not progressive, but is a developmental problem that can occur during fetal development, the birthing process, or infancy.  Once a child has cerebral palsy, the child will not get worse over time, however, conditions such as muscle spasticity can develop which may get better or worse over time. Although cerebral palsy is not "curable", training and therapy treatments can help improve function.  For more information on Cerebral Palsy Birth Injury Lawsuits go to our Cerebral Palsy Birth Injury Lawsuit Information Page.

Brachial Plexus Birth Injury Lawsuits

Brachial Plexus Injuries occur when the brachial plexus, a network of nerves between the neck and shoulder, is damaged. Because the brachial plexus conducts nerve signals from the spinal cord to the arm and hand, when it is damaged impairment of the arm and hand can occur causing a limp arm. The brachial plexus is a network of nerves formed by fibers located between the shoulder and the neck. Most brachial plexus injuries happen during birth when excessive lateral traction is applied to the fetal neck region during a vaginal birth and a traumatic stretching of the brachial plexus occurs causing damages to the nerves.  Brachial plexus injuries are more common in infants that are larger than average in size as they have more trouble moving through the birth canal.  For more information on Brachial Plexus Birth Injury Lawsuits including Erb's Palsy Birth Injury Lawsuits, please go to our Erb's Palsy and Brachial Plexus Birth Injury Lawsuit Page. 

Medication Birth Defect Lawsuits

Several medications, products, and drugs have been linked to birth defects.  Some of these medication and products have ample warnings that warn pregnant women to avoid taking these products while they are pregnant, however, some manufacturers have hidden the real dangers of their product in order to sell more of their product and value profits over healthy babies.  For these manufacturers, they may have short term profits, but over the long term they will suffer for the long term birth defects that they have caused.  Some medications that have been linked to birth defects include Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs).  Women that have taken SSRIs after the 20th week of pregnancy have a 6-fold increased risk of developing persistent pulmonary hypertension, a life-threatening lung disorder.  Infants with persistent pulmonary hypertension have abnormal blood flow through the heart and lungs and do not get enough oxygen to their bodies and may become very sick or die.  For more information on Paxil Infant Heart Defect Lawsuits & Birth Injury Lawsuits and Selective Serotonin Reuptake Inhibitor Antidepressant Birth Defect Lawsuits, please go to our Paxil Infant Heart Defect Lawsuit and Infant Birth Injury Lawsuit Page and SSRI Birth Defect Lawsuits Information Page.

Medical Mistake Infant Death Lawsuits, Medical Error Birth Injury Lawsuits, Brachial Plexus Birth Injury Lawsuits, Medical Malpractice Lack of Oxygen Lawsuits, Fatal Physician Mistake Lawsuits, Doctor Error Infant Death Lawsuits, Infant Hypoxia Lawsuits, Cerebral Palsy Birth Injury Lawsuits, and Drug Birth Defect Lawsuits

For more information on Medical Mistake Infant Death Lawsuits, Medical Error Birth Injury Lawsuits, Birth Doctor Mistake Brachial Lawsuits, Medical Malpractice Failure to Monitor Lack of Oxygen Lawsuits, Fatal Hospital Mistake Lawsuits, Federal Tort Claims Act Medical Negligence Cerebral Palsy Birth Injury Lawsuits and other Infant Death or Birth Injury Lawsuits, please go to the following webpage Medical Mistake Infant Death, Birth Injury, and Birth Defect Lawsuits.

Austin Guardianship Lawsuits, Travis County Guardianship Applications, Austin Guardianship Contests, and Travis County Competence Lawsuits by Austin Guardianship Lawyer Jason S. Coomer

Austin Guardianship Lawsuits, Travis County Guardianship Applications, Austin Guardianship Contests, Travis County Competence Lawsuits, and Austin Alleged and Proposed Ward Hearings
by Austin Guardianship Lawyer Jason S. Coomer

 

Guardianship lawsuits or lawsuits to determine competence are becoming more common as more and more elderly people are becoming unable to take care of themselves and their finances.  When a person becomes unable to take care of themselves, a danger to themselves, a danger to others, or cannot handle their finances, they will often need a guardian to take care of them and their estate.  

Texas Application for Guardianship, Protecting Incapacitated Persons, and Obtaining Guardianship for a Person and for their Estate

It can be a difficult or easy decision to file an application of guardianship for a loved one depending on your circumstances.  If your loved one is obviously a danger to themselves and is unable to handle their one finances, it is often best to work with an Austin Guardianship Lawyer and the person's family and friends to protect them from the potential dangers of harming themselves as well as to protect them from people and businesses that might try to take their money.

One of the first steps in moving forward with an application of guardianship is to get your loved one to a doctor.  Having a medical doctor examine the person and determine if they are competent is an important first step to determine if the potential ward's condition is reversible and to what extent incompetence has occurred. 

If the proposed ward will not see a medical doctor, it may be necessary to file an Application for Guardianship to get the person the medical treatment that they need.  If they do see a medical doctor and the condition is not reversible as well as is severe, it also may be necessary to file an Application for Guardianship.

Typically, a Texas Probate Court will look to alternative less drastic measures to avoid a guardianship or making someone a ward.  This is because a guardianship takes a person's rights away including use of their finances and decisions on their daily care.  An Application for a Guardianship should only be filed to further a person's best interests. 

Incapacitated Persons Lawsuits, Austin Guardianship Lawsuits, Travis County Guardianship Applications, Austin Guardianship Contests, Travis County Competence Lawsuits, and Austin Alleged and Proposed Ward Hearings

According to the Texas Probate Code Section 601 (14), there are three types of incapacitated people that need guardians.  The first is a minor which includes those under 18 years of age that have not been emancipated.  The second are adults who because of a physical or mental condition, are substantially unable to provide food, clothing, or shelter for themselves, to care for their own physical health, or to manage the individual's own financial affairs.  The third are people that must have a guardian appointed to receive funds due the person from any governmental sources.

A person is determined to be "incapacitated" upon a finding by a court that the person lacks the capacity to do some, but not necessarily all, or the tasks necessary to care for himself or herself or to manage his or her property.

 

A court may appoint a guardian with full authority over an incapacitated person or may grant a guardian limited authority over an incapacitated person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the well-being of the person. If the person is not a minor, the court may not use age as the sole factor in determining whether to appoint a guardian for the person. In creating a guardianship that gives a guardian limited power or authority over an incapacitated person, the court shall design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person.

 

Setting Up A Guardianship & Filing an Application for Guardianship

 

An Application for Guardianship can be filed by any person that does not have an adverse interest to the proposed ward. This rule is to make it easy for a good Samaritan to help a person that is unable to help themselves, but to prevent people from attempting to take control over people that they owe money to or are fighting in a court battle. Most applications for guardianships are filed and determined in a county court or probate court, however, the determination can be transferred to District Court.  To have a guardian appointed the applicants must have a medical report from a doctor that states that the proposed ward is substantially unable to take care of themselves.  This medical report can be obtained prior to the application or as part of the court's determination.

 

Drive By Guardianships & the Race to the Court House

 

A proceeding for the appointment of a guardian for the person or estate, or both, of an incapacitated person shall be brought 1) in the county in which the proposed ward resides, or 2 ) is located on the date the application is filed or 3) in the county in which the principal estate of the proposed ward is located. If there are multiple counties where the application for a guardianship can be heard, then the place where the first application is filed controls. Combining this rule with 2) above, we have instances where a family member is brought for a visit for the purpose of filing for an application to get the proceeding in a local court. This can be convenient, but also can create races to the court house for different family members.

 Austin Guardianship Lawyer, Travis County Guardianship Application Lawyer, Austin Guardianship Contest Lawyer, Travis County Competence Lawyer, and Austin Alleged and Proposed Ward Hearing Lawyer

When a person becomes unable to take care of themselves, a danger to themselves, a danger to others, or cannot handle their finances, they will often need a guardian to take care of them and their estate.  For more information on Austin and Travis County Guardian and Guardianship matters, please go to the following web page: Austin Guardianship Lawsuits Applications and Contests and Guardianship and Trust Fraud & Negligence Lawsuits.