How to report a Criminal Antitrust Anti-Retaliation Act Violation? On December 23, 2020, the Criminal Antitrust Anti-Retaliation Act of 2019 (15 U.S.C. § 1 note) became effective. If you have been discriminated against at work for engaging in protected antitrust whistleblower activities, you may be able to report and sue for a violation of this new employment anti-retaliation law. Below is list of important FAQs summarizing what the Criminal Antitrust Anti-Retaliation Act covers and how you can report a violation of this law. FAQs What whistleblowing activities does the Criminal Antitrust Anti-Retaliation Act protect? The Act prohibits employers from retaliating against employees, contractors or subcontractors who, with reasonable belief and in good faith, report antitrust violations to the federal Government or a supervisor or assist in the investigation and prosecution of antitrust misconduct.
What constitutes a violation of this new anti-retaliation law? Pursuant to the Act, no employer may discharge, demote, suspend, threaten, harass, or in way discriminate against a covered person in terms and conditions of employment for any lawful act done in providing information or assistance to the Government or a supervisor concerning a violation of the antitrust laws.
What is meant by the phrase “anti-trust laws?” It refers to sections 1 and 3 of the Sherman Act (15 U.S.C. §§ 1 and 3). Does the Act cover civil antitrust violations? No, to be protected, a whistleblower must have a reasonable belief that a criminal antitrust violation or a related criminal act has been committed. Is every employee, contractor or subcontractor protected by the Act? Generally yes, as long as the person did not plan or initiate the misconduct or obstruct justice. What steps do you need to take to protect your rights under this law? You must first file a complaint with the Secretary of Labor under the rules of 49 U.S.C. § 42121(b). If you do not get satisfaction in that administrative proceeding you can then file a federal lawsuit in a United States District Court. How does a person benefit by reporting a violation of the Criminal Antitrust Anti-Retaliation Act? If your case is successful you will get all relief necessary to make you whole, including, compensatory damages, such as reinstatement with seniority; back pay, with interest; and compensation for any special damages resulting from such discrimination, including litigation costs, expert witness fees, and reasonable whistleblower lawyer fees. Important Statute of Limitations Warning You do not want to delay reporting a Criminal Antitrust Anti-Retaliation Act violation. Under the Act, you have only 180 days after your employer commits a retaliatory act against you to file your complaint. It is important therefore to contact an experienced whistleblower lawyer immediately.
If you did not meet our firm’s requirements for a PPP case, you can either contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation. Where you will be able to report the fraud but NOT receive a financial reward. Or you can contact another whistleblower attorney to try to obtain a financial reward by filing a federal qui tam False Claims Act lawsuit.
On October 14, 2020, medical device maker Merit Medical Systems Inc. (MMSI), of South Jordan, Utah, agreed to pay $18 million to settle allegations the company helped submit false claims to the federal Medicare and TRICARE programs and numerous state Medicaid programs by giving kickbacks to physicians and hospitals to induce the purchase and use of MMSI’s durable medical equipment devices and products. NYC attorney Timothy J. McInnis was a member of the legal team that successfully represented the whistleblower in the case, Charles J. (“CJ”) Wolf, M.D., who was the former Chief Compliance Officer of MMSI.
According to Dr. Wolf’s complaint and the government’s settlement agreement, for over six years MMSI paid kickbacks to physicians, medical practices, and hospitals. The payments were made indirectly under the guise of free advertising assistance, practice development, practice support, and so-called “educational” grants. All of this was intended to induce the healthcare providers to purchase and use MMSI’s products, including EmboSphere devices, which are used for uterine fibroid embolization procedures, and QuadraSphere devices, which are used for other types of embolization procedures. Among other things, MMSI used local advertising campaigns to steer patients to healthcare providers as a reward for past sales and to increase future purchases of MMSI products. Dr. Wolf and the government further alleged that MMSI disregarded numerous internal warnings, including from Dr. Wolf, that MMSI’s sales practices potentially violated the healthcare Anti-Kickback Statute (AKS).
The lawsuit was filed in the federal court in District of New Jersey, where attorney McInnis formerly served as an Assistant U.S. Attorney. The case is captioned United States ex rel. Wolf v. Merit Medical Systems, Inc., No. 2:16-cv-01855-CCC-MF (D.N.J.). Of the $18 million MMSI is paying to settle the case, $15.21 million will be go to the U.S. Treasury, and the remaining $2.79 million will go to the approximately 30 individual states that also joined the lawsuit.
"Tim McInnis is an amazing attorney. He is intelligent, thorough, ethical, kind and he works very strategically in order to insure the best outcome for his clients. I would trust him with my life. He is not only an excellent attorney, but he is a compassionate person." Denise A. Romano, January 2004
"Tim McInnis is a superb lawyer for whistleblowers. As both a relator and a lawyer I worked with for more than three and a
On October 14, 2020, medical device maker Merit Medical Systems Inc. (MMSI), of South Jordan, Utah, agreed to pay $18 million to settle allegations the company helped submit false claims to the federal Medicare and TRICARE programs and numerous state Medicaid programs by giving kickbacks to physicians and hospitals to induce the purchase and use of MMSI’s durable medical equipment devices and products. NYC attorney Timothy J. McInnis was a member of the legal team that successfully represented the whistleblower in the case, Charles J. (“CJ”) Wolf, M.D., who was the former Chief Compliance Officer of MMSI.
According to Dr. Wolf’s complaint and the government’s settlement agreement, for over six years MMSI paid kickbacks to physicians, medical practices, and hospitals. The payments were made indirectly under the guise of free advertising assistance, practice development, practice support, and so-called “educational” grants. All of this was intended to induce the healthcare providers to purchase and use MMSI’s products, including EmboSphere devices, which are used for uterine fibroid embolization procedures, and QuadraSphere devices, which are used for other types of embolization procedures. Among other things, MMSI used local advertising campaigns to steer patients to healthcare providers as a reward for past sales and to increase future purchases of MMSI products. Dr. Wolf and the government further alleged that MMSI disregarded numerous internal warnings, including from Dr. Wolf, that MMSI’s sales practices potentially violated the healthcare Anti-Kickback Statute (AKS).
The lawsuit was filed in the federal court in District of New Jersey, where attorney McInnis formerly served as an Assistant U.S. Attorney. The case is captioned United States ex rel. Wolf v. Merit Medical Systems, Inc., No. 2:16-cv-01855-CCC-MF (D.N.J.). Of the $18 million MMSI is paying to settle the case, $15.21 million will be go to the U.S. Treasury, and the remaining $2.79 million will go to the approximately 30 individual states that also joined the lawsuit.
half years and his counsel and perseverance were always spot on. His work was critical to a successful settlement of the case." Stephen B. Diamond, Esq., August, 2016
"Tim McInnis Law represented my case with the up most professionalism. He communicated with me at every turn of the case ensuring I understood the process as well what was to come next. His patience, comprehension of Qui Tam Law and persistence in getting me the highest amount possible out of the case is unmatched. I wouldn't hesitate to recommend his law firm for a minute." Don A. Briscoe, September 2016
"Tim McInnis Law represented my case with the up most professionalism. He communicated with me at every turn of the case ensuring I understood the process as well what was to come next. His patience, comprehension of Qui Tam Law and persistence in getting me the highest amount possible out of the case is unmatched. I wouldn't hesitate to recommend his law firm for a minute." Don A. Briscoe, September 2016
"Tim McInnis is an amazing attorney. He is intelligent, thorough, ethical, kind and he works very strategically in order to insure the best outcome for his clients. I would trust him with my life. He is not only an excellent attorney, but he is a compassionate person." Denise A. Romano, January 2004
"Tim McInnis is a superb lawyer for whistleblowers. As both a relator and a lawyer I worked with for more than three and a
On October 14, 2020, medical device maker Merit Medical Systems Inc. (MMSI), of South Jordan, Utah, agreed to pay $18 million to settle allegations the company helped submit false claims to the federal Medicare and TRICARE programs and numerous state Medicaid programs by giving kickbacks to physicians and hospitals to induce the purchase and use of MMSI’s durable medical equipment devices and products. NYC attorney Timothy J. McInnis was a member of the legal team that successfully represented the whistleblower in the case, Charles J. (“CJ”) Wolf, M.D., who was the former Chief Compliance Officer of MMSI.
According to Dr. Wolf’s complaint and the government’s settlement agreement, for over six years MMSI paid kickbacks to physicians, medical practices, and hospitals. The payments were made indirectly under the guise of free advertising assistance, practice development, practice support, and so-called “educational” grants. All of this was intended to induce the healthcare providers to purchase and use MMSI’s products, including EmboSphere devices, which are used for uterine fibroid embolization procedures, and QuadraSphere devices, which are used for other types of embolization procedures. Among other things, MMSI used local advertising campaigns to steer patients to healthcare providers as a reward for past sales and to increase future purchases of MMSI products. Dr. Wolf and the government further alleged that MMSI disregarded numerous internal warnings, including from Dr. Wolf, that MMSI’s sales practices potentially violated the healthcare Anti-Kickback Statute (AKS).
The lawsuit was filed in the federal court in District of New Jersey, where attorney McInnis formerly served as an Assistant U.S. Attorney. The case is captioned United States ex rel. Wolf v. Merit Medical Systems, Inc., No. 2:16-cv-01855-CCC-MF (D.N.J.). Of the $18 million MMSI is paying to settle the case, $15.21 million will be go to the U.S. Treasury, and the remaining $2.79 million will go to the approximately 30 individual states that also joined the lawsuit.
half years and his counsel and perseverance were always spot on. His work was critical to a successful settlement of the case." Stephen B. Diamond, Esq., August, 2016
"Tim McInnis Law represented my case with the up most professionalism. He communicated with me at every turn of the case ensuring I understood the process as well what was to come next. His patience, comprehension of Qui Tam Law and persistence in getting me the highest amount possible out of the case is unmatched. I wouldn't hesitate to recommend his law firm for a minute." Don A. Briscoe, September 2016
"Tim McInnis Law represented my case with the up most professionalism. He communicated with me at every turn of the case ensuring I understood the process as well what was to come next. His patience, comprehension of Qui Tam Law and persistence in getting me the highest amount possible out of the case is unmatched. I wouldn't hesitate to recommend his law firm for a minute." Don A. Briscoe, September 2016
GREENBELT, MD – June 15, 2020 – The United States joined a lawsuit filed by Joseph,
Greenwald & Laake, P.A. on behalf of a former Chief Compliance Officer and whistleblower
against Utah-based medical device company, Merit Medical Systems, Inc. The False Claims Act
(qui tam) complaint alleges fraud schemes involving unlawful kickbacks to physicians to induce
their use of Merit’s devices over those of its competitors.
The whistleblower, (or “Relator”), Dr. Charles Wolf, is a non-practicing medical doctor and an
accredited healthcare compliance professional with over 20 years of experience.
The complaint
recounts how Dr. Wolf reported his concerns about the alleged fraud to Merit’s management
during his tenure as its Chief Compliance Officer, all to no avail. Unable to effect change from
within, Dr. Wolf resigned from Merit and reported his information to the Department of Justice,
which undertook a thorough investigation before deciding to intervene.
The lawsuit was made public on June 12, 2020, after the United States filed its notice of
intervention and the Court unsealed the case. The federal government is expected to file its own
complaint in intervention by July 13. In addition, 29 states are included in the lawsuit and will
have an opportunity to join it also.
The complaint focuses on kickback allegations where Merit provided paid advertising for loyal
Merit users and paid consulting fees in order to influence physicians to use Merit devices –
which are expected to be included in the federal government’s forthcoming complaint. The
lawsuit alleges that Merit “paid for advertising for high-volume users of its medical devices and
continues to pay consulting fees to high-use providers for little-to-no-work.” Disguised as
educational in nature, the suit claims that, instead, the money paid to physicians was meant to
effect and “induce hospitals and physicians to purchase additional equipment, supplies and/or
products from Merit.”
Federal and state laws prohibit payments of any kind to physicians – including marketing dollars
and consulting fees – to influence physician choice of medical devices. “Prosecuting these cases
protects patients. When medical device companies pay something of value to induce physicians
to use their devices to the exclusion of others, that can effect independent medical judgment and
patient care,” said Veronica Nannis, who, with her partner Jay Holland, represents the
whistleblower in this case along with former Assistant United States Attorney, Timothy J.
McInnis of McInnis Law.
On January 6, 2020, U.S. District Judge Lewis A. Kaplan approved a settlement stipulating to a whistleblower award in a Customs duties fraud lawsuit. Under the agreement with the government, Xing Wei will receive $170,000 for helping the U.S. Attorney’s Office for the Southern District of New York recover $1 million from Notations, Inc., a garment wholesaler from Warminster, Pennsylvania, with a Manhattan showroom.
On October 3, 2017, Notations admitted it ignored signs of duties evasion by Yingshun Garments, Inc., an importer of apparel from China, and two successor entities and an owner/officer of each entity. The government filed its lawsuit against Notations and the Yingshun defendants charging them with perpetrating a double-invoice scheme whereby the Yingshun companies presented false invoices to CBP, showing prices for imported garments that were falsely discounted up to 75 percent to avoid customs duties. Notations admitted it furthered this scheme by overlooking obvious indications that Yingshun’s business practices were “highly suggestive of fraud.”
The whistleblower, Xing Wei, alerted the government to Yingshun’s conduct, which she had learned about through a family member who once worked for Yingshun, by filing a qui tam law suit under the False Claims Act, 31 U.S.C. § 3729. Doing so potentially entitled Ms. Wei as the “relator” in the lawsuit to between 15% and 25% of any funds recovered after the government joined her case and took over the litigation.
According to one of Ms. Wei’s whistleblower attorneys, Timothy J. McInnis, of NYC-based McInnis Law, this settlement is significant for two reasons. First, the government pursued duties fraud claims against a US-based “downstream” commercial purchaser and re-seller, not just the foreign manufacturer and importers. And, second, the whistleblower received an award for opening the door to the investigation and later helping uncover Notations’ role even though her qui tam complaint did not name Notations specifically.
McInnis commended Ms. Wei for her courage in bringing this misconduct to light. “It goes to show that under some circumstances alerting the government to fraud will be rewarded even where the whistleblower doesn’t know all the participants or all the facts,” McInnis stated. He also acknowledged Washington, DC attorney Joseph Black’s assistance on the case and the efforts of the U.S. Attorney’s Office and CBP investigators.
