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Qui tam
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In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed. Its name is an abbreviation of the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning "[he] who sues in this matter for the king as well as for himself."
The writ fell into disuse in England and Wales following the Common Informers Act 1951 but remains current in the United States under the False Claims Act, 31 U.S.C. § 3729 et seq., which allows a private individual, or "whistleblower," with knowledge of past or present fraud committed against the federal government to bring suit on its behalf. There are also qui tam provisions in 18 U.S.C. § 962 regarding arming vessels against friendly nations; 25 U.S.C. § 201 regarding violating Indian protection laws; 46a U.S.C. 723 regarding the removal of undersea treasure from the Florida coast to foreign nations; and 35 U.S.C. § 292 regarding false marking. In February 2011, the qui tam provision regarding false marking was held to be unconstitutional by a U.S. District Court,[1] and in September of that year, the enactment of the Leahy-Smith America Invents Act effectively removed qui tam remedies from § 292.[2]
Contents
[hide]
1 History
1.1 England and Wales
1.2 United States
1.2.1 False Claims Act
1.2.2 False patent marking
1.2.3 Defense Criminal Investigative Service
1.2.4 Examples
1.3 Canada
2 Whistleblowers
3 See also
4 References
5 Bibliography
6 External links
History[edit]
England and Wales[edit]
The historical antecedents of qui tam statutes lie in Roman and Anglo-Saxon law.[3] Roman criminal prosecutions were typically initiated by private citizens (delatores) and beginning no later than the Lex Pedia, it became common for Roman criminal statutes to offer a portion of the defendant's forfeited property to the initiator of the prosecution as a reward.[3] Forerunners of qui tam actions also occurred in Anglo-Saxon England; in the year 656, Wihtred of Kent issued a decree that a Sabbath-breaker would "forfeit his healsfang, and the man who informs against him shall have half the fine, and [the profits arising from] the labour."[3]
The first qui tam statutes were enacted by the English Parliament in the fourteenth century, some 250 years after the Norman Conquest.[3] Such qui tam enforcement allowed enforcement of the legislative priorities of the king, especially in areas where and at times when such legislation "undermined local officials' interests."[3]
The 1318 Statute of York, which set uniform prices for certain consumer goods, was an early English qui tam provision. The act prohibited city and borough officers from selling the regulated commodities (specifically, "wine and victuals"), and provided for forfeiture to the king of any prohibited merchandise.[3] To ensure enforcement, the act provided that one-third of the forfeited merchandise "shall be delivered to the Party that sued the Offender, as the King's Gift. And in such Case he that will sue [for a thing so forfeited,] shall be received."[3]
More qui tam provisions were enacted over the next two centuries, rewarding informers.[3] For example, the 1328 Statute of Northampton penalized (by forfeiture and fine) the holding of fairs by lords and merchants for longer than the authorized length, and provided that "every man that will sue for our Lord the King, shall be received, and [also have] the Fourth Part of that which shall be lost at his Suit."[3] Two Statutes of Labourers, enacted in 1349 and 1350, set wage and price controls and provided for informers to seek forfeiture from the violator, or from mayors or bailiffs who failed to enforce the regulations.[3] A large number of other statutes, mostly affecting commercial regulations, also included qui tam provisions.[3]
Some qui tam statutes were targeted at ensuring the integrity of officials. For example:
In 1360, Parliament permitted informers to sue jurors who accepted bribes. Shortly thereafter, another law authorized qui tam suits if a person responsible for procuring and arranging for carriage of provisions for the King's household accepted a bribe. A 1391 statute permitted suits against mayors, sheriffs, and bailiffs who failed to implement a rule concerning measurement of grain. A 1442 statute prohibited customs officials and other public employees from engaging in businesses related to their public duties. The value of qui tam suits as a check on public officials had become so well accepted by 1444 that Parliament adopted no fewer than five such statutes in that single year.[3]
During the reign of Henry VII, qui tam enforcement was reformed to avoid abuses, such as collusive suits between defendants and informers meant to avoid punishment.[3] A 1487 statute, among other reforms, made it a crime (punishable by two years' imprisonment) to collude with a qui tam informer.[3]
The practice fell into disrepute in England in the 19th century by which time it was principally used to enforce laws related to Christian Sunday observance. It was brought to an effective end by the Common Informers Act 1951 but, in 2007, there were proposals to introduce legal provision on the U.S. model back to the United Kingdom.[4]
United States[edit]
'Whistleblower' can mean any person who reveals misconduct by his or her employer or another business or entity. The misconduct may be in the form of breaking the law, committing fraud, or corruption. In the United States, that type of fraud may be a violation of the False Claims Act, or similar state and local laws, and a whistleblower who exposes fraud on the government may bring a qui tam lawsuit on behalf of the government and potentially receive a share of the recovery recovered by the government as a reward for bringing that action.
Whistleblower protections have existed in the United States in colonial times, and were embraced by the first U.S. Congress as a way to enforce the laws when the new federal government had virtually no law enforcement officers.[citation needed]
The case of Richard Marven and Samuel Shaw led the Continental Congress to pass the first whistleblower law in the new United States in 1778.[5] The Continental Congress was moved to act after an incident in 1777, when the two blew the whistle and suffered severe retaliation by Esek Hopkins, the commander-in-chief of the Continental Navy.[6] The Continental Congress enacted the whistleblower protection law on July 30, 1778 by a unanimous vote.[7] The Continental Congress declared it the duty of "all persons in the service of the United States, as well as all other the inhabitants thereof" to inform the Continental Congress or proper authorities of "misconduct, frauds or misdemeanors committed by any officers in the service of these states, which may come to their knowledge."[8][9] Congress declared that the United States would defend the two whistleblowers against a libel suit filed against them by Hopkins, resolving that "the reasonable expences of defending the said suit be defrayed by the United States" and terminated the employment of Hopkins, who had misconducted himself.[10]
False Claims Act[edit]
Main article: False Claims Act
The American Civil War (1861–1865) was marked by fraud on all levels, especially with regard to Union War Department contracts. Some say the False Claims Act came about because of bad mules. During the Civil War, unscrupulous contractors sold the Union Army, among other things, decrepit horses and mules in ill health, faulty rifles and ammunition, and rancid rations and provisions.[11]
The False Claims Act (31 U.S.C. §§ 3729–3733, also called the "Lincoln Law") is an American federal law that was passed on March 2, 1863 during the American Civil War, that allows people who are not affiliated with the government to file actions against federal contractors claiming fraud against the government. The law represented an effort by the government to respond to entrenched fraud in cases where the official Justice Department was reluctant to prosecute fraud cases. Importantly, a reward was offered in what is called the "qui tam" provision, which permits citizens to sue on behalf of the government and be paid a percentage of the recovery.[12]
The law was substantially weakened in 1943 during World War II while the government rushed to sign large military procurement contracts. It was strengthened again in 1986 after a period of military expansion at a time when there were many stories of defense contractor price gouging. Since then, qui tam provisions have helped recover more than $48 billion in taxpayer money.[13]
The act of filing such actions is informally called "whistleblowing." Persons filing under the Act stand to receive a portion (usually about 15-25 percent) of any recovered damages. The Act provides a legal tool to counteract fraudulent billings turned in to the federal government. Claims under the law have been filed by persons with insider knowledge of false claims which have typically involved health care, military, or other government spending programs.
The False Claims Act allows a private person, known as a "relator," to bring a lawsuit on behalf of the United States, where the private detective or other person has information that the named defendant has knowingly submitted or caused the submission of false or fraudulent claims to the United States. In order to quality as a "relator", pursuant to the Supreme Court's decision in Rockwell International Corp. v. United States, in order to bring an action that is based upon publicly disclosed information the person bringing the claim must legally qualify as an "original source."
The relator need not have been personally harmed by the defendant's conduct; instead, the relator is recognized as receiving legal standing to sue by way of a "partial assignment" to the relator of the injury to the government caused by the alleged fraud.[14] The information must not be public knowledge, unless the relator qualifies as an "original source."[15]
The False Claims Act provides incentive to relators by granting them between 15% and 25% of any award or settlement amount.[16] In addition, the statute provides an award of the relator's attorneys' fees, making qui tam actions a popular topic for the plaintiff's bar. An individual bringing suit pro se—that is, without the representation of a lawyer—may not bring a qui tam action under the False Claims Act.[17]
Once a relator brings suit on behalf of the government, the Department of Justice, in conjunction with a U.S. Attorney for the district in which the suit was filed, have the option to intervene in the suit. If the government does intervene, it will notify the company or person being sued that a claim has been filed. Qui tam actions are filed under seal, which has to be partially lifted by the court to allow this type of disclosure. The seal prohibits the defendant from disclosing even the mere existence of the case to anyone, including its shareholders, a fact which may cause conflicts with the defendant's obligation under Securities & Exchange Commission or stock exchange regulations that require it to disclose lawsuits that could materially affect stock prices. The government may subsequently, without disclosing the identity of the plaintiff or any of the facts, begin taking discovery from the defendant.
If the government does not decide to participate in a qui tam action, the relator may proceed alone without the Department of Justice, though such cases historically have a much lower success rate. Relators who do prevail in such cases may potentially receive a higher relator's share, to a maximum of 30%.[16] It is conventionally thought that the government chooses legal matters it would prosecute because the government would only want to get involved in what it believes are winning cases.[18]
False patent marking[edit]
It is an offense under 35 U.S.C. § 292 (the "False Marking Statute") to falsely mark goods as "patented" or "patent pending". Before the enactment of the America Invents Act, any person could sue for breach, and the penalty of up to $500 was shared between the government and the person suing. Frequently, patentees fail to remove patent markings from their products following the expiration date of their patents and continue to mark goods sold after that date as patented. This behavior was largely overlooked until a court held that a separate penalty was due for each such article sold.[19]
In 2011, the United States District Court for the Northern District of Ohio held that the False Marking Statute was unconstitutional. Judge Dan Aaron Polster determined that it violated the Take Care Clause of Article II of the Constitution, because it represented "a wholesale delegation of criminal law enforcement power to private entities with no control exercised by the Department of Justice".[1]
The America Invents Act made significant changes to false marking laws, that affected all pending and future false marking actions:[2]
Only the U.S. government can now sue for the civil penalty authorized in § 292.
Private entities can still sue, but only for compensatory damages. These plaintiffs must prove actual competitive injury from the false marking.
It is no longer a violation to mark a product with an expired patent, as long as that patent once covered the product.
Defense Criminal Investigative Service[edit]
From January 2006 to November 2011, Defense Criminal Investigative Service (DCIS) conducted 115 investigations involving qui tam matters. These qui tam investigations did not necessarily arise from reprisal complaints. Nonetheless, the person filing the complaint contributes to the mission of the Inspector General and is considered a whistleblower in the person's own right.[20]
In 2006, qui tam whistleblowers provided DCIS 102 information reports resulting in 57 regular investigations. In the following two years, 79 information reports resulted in 68 regular investigations and 71 information reports resulted in 43 regular investigations, respectively. In 2009 and 2010, 86 information reports generated 65 regular investigations and 108 information reports generated 73 regular investigations. At the close of 2011, DCIS had 82 information reports resulting in 56 regular investigations.[20]
Examples[edit]
In response to a complaint from whistleblower Jerry H. Brown II, the US Government filed suit against Maersk for overcharging for shipments to US forces fighting in Iraq and Afghanistan. In a settlement announced on 3 January 2012, the company agreed to pay $31.9 million in fines and interest, but made no admission of wrongdoing. Brown was entitled to $3.6 million of the settlement.[21][22]
Joe Faltaous worked as a Neuroscience Sales Specialist for Eli Lilly for two years before resigning after expressing concerns about Eli Lilly’s practices. Joe complained of Lilly’s illegal marketing, promotion and sale of Zyprexa to children and in higher-than-recommended dosages to adults. Joe also complained that, as part of the marketing and promotional schemes, Lilly encouraged physicians by means of monetary payments. In 2009, Faltaous and 9 other whistleblowers won a settlement with Eli Lilly in a civil qui tam action in U.S. District Court.[23]
Delma Pallares, who rejected offers to be put in the witness protection program, worked for American Grocers as a logistics manager and general merchandise manager from 1996 through 2003. She gained extensive knowledge of the daily operations of American Grocers, including how the food products were invoiced, valued, and weighed prior to shipping and, according to the complaint, how the company and its employees changed expiration dates and forged accompanying documentation. Ms. Pallares’s efforts in locating persuasive evidence led to this successful prosecution and enabled the U.S. Government to intervene.[24]
During her employment with ROTECH, Sheila Bell-Messier oversaw the operations of the company in twelve states. From 1995 to 2002, Bell’s responsibility grew from overseeing twelve locations to 220 locations nationwide. During this time she was the number one profit maker in the country. Bell took over the Medicare billing because of her great track record and success with cost efficiency. Bell later determined, however, that a significant percentage of patient files were not in compliance because they lacked the correct documentation. Bell also discovered that there was improper testing of oxygen patients. Bell instructed her billing department to “shut down the billing.” Compliance officers came to Texarkana. When they arrived, Bell told them the results of her audit. They informed Bell that they knew that they were significantly out of compliance. Bell told them that she “was not going to Medicare prison for ROTECH,” and refused to restart the billing. Bell was told that ROTECH was in the middle of a settlement agreement with the Government and could not do anything that might put up a “red flag.” ROTECH paid $2 million to settle civil charges that it engaged in false or fraudulent conduct in billing Medicare for durable medical equipment. The government declined intervention. This settlement netted the client and government about $1.78 million.[25][26]
On July 2, 2012 the British pharmaceutical company GlaxoSmithKline agreed to pay the U.S. government $3 billion to settle civil and criminal charges in the largest healthcare fraud settlement in U.S. history and the largest payment ever by a pharmaceutical company.[27] The settlement also resolved four lawsuits pending in federal court in the District of Massachusetts four separate qui tam cases brought by whistleblowers under the False Claims Act.[27] The civil charges were settled for $2 billion of the total $3 billion resolution, a record number for civil settlements brought under the False Claims Act.[28] GSK pleaded guilty to promoting drugs for uses not approved by the FDA, also known as “off-label” marketing, and to failing to report key safety data regarding a product.[28] Others charges in the suit include false price reporting practices, Medicaid fraud, and paying illegal kickbacks to physicians.[27]
In April 2012, Alliant Techsystems Inc. agreed to a $36,967,160 settlement to resolve allegations that ATK sold dangerous and defective illumination flares to the Army and the Air Force.[29] According to the government's allegations, from 2000 to 2006, ATK delivered LUU-2 and LUU-19 illuminating para-flares to the Defense Department. These flares, which burn in excess of 3,000 degrees Fahrenheit for over five minutes, are used for nighttime combat, covert and search and rescue operations and have been used extensively by American forces in Iraq and Afghanistan in the global war on terror. The government alleged that the flares delivered by ATK were incapable of withstanding a 10-foot drop test without exploding or igniting, as required by specifications, and that ATK was aware of this when it submitted claims for payment.[30]
In April 2012, AmMed Direct LLC agreed to pay the United States and the state of Tennessee $18 million plus interest to settle allegations that it submitted false claims to Medicare and Tennessee Medicaid. Both the United States and the state of Tennessee alleged that, from September 2008 through January 2010, the Antioch, Tenn.-based company submitted false claims to Medicare and TennCare for diabetes testing supplies, vacuum erection devices and heating pads. Prior to learning of the United States' and Tennessee's investigation, AmMed disclosed to the Medicare Administrative Contractors its failure to refund monies for returned supplies and began paying the refunds to Medicare and TennCare.[31]
In March 2012, LifeWatch Services Inc. agreed to pay the United States $18.5 million to resolve allegations that the company submitted false claims to federal health care programs. The settlement resolves two lawsuits filed under the whistleblower provisions of the False Claims Act. The two complaints allege that LifeWatch improperly billed Medicare for ambulatory cardiac telemetry (ACT) services. ACT services are a form of cardiac event monitoring that use cell phone technology to record cardiac events in real time without patient intervention. Traditional event monitoring requires the patient to press a button when he or she notices a cardiac event to record the cardiac rhythms. Medicare reimbursed ACT services at between $750 and $1200 and traditional event monitoring services at roughly $250 during the relevant time period.[32]
In November 2010, Special Agents from the Defense Criminal Investigative Service (DCIS) worked jointly with the U.S. Army Criminal Investigation Command, Major Procurement Fraud Unit on an investigation of Samir Itani. The Texas businessman has agreed to pay $15 million to settle federal allegations that he and his company cheated the government by selling old and potentially dangerous food to the U.S. military to supply combat troops serving in Iraq and elsewhere. Prosecutors had alleged that Samir Mahmoud Itani and his company American Grocers Ltd. profited from the Middle East conflict by ripping off taxpayers and shortchanging U.S. soldiers in the mess hall. According to the government, Itani's firm bought deeply discounted products whose freshness dates had expired or were nearing expiration. His workers then altered those dates and resold those supplies to the government for hefty markups, prosecutors alleged.[33]
In August 2009, the Justice Department announced The Boeing Company was ordered to pay the United States $25 million to resolve allegations that the company performed defective work on the entire KC-10 Extender fleet, today. The KC-10 Extender was a mainstay of the Air Force’s aerial refueling fleet in the Iraq and Afghanistan war theaters. The lawsuit alleged that Boeing defectively installed insulation blanket kits in KC-10 aircraft while performing depot maintenance at the Boeing Aerospace Support Center in San Antonio, Texas.[34]
In September 2009, a former Pfizer Inc. sales representative, John Kopchinski, was awarded $51.5 million for his role as a whistleblower in the investigation of Pfizer's marketing practices of Bextra. Pfizer pleaded guilty to various civil and criminal charges and paid in total $2.3 billion to the government. The case netted the largest criminal fine ever imposed in the United States for any matter, $1.195 billion,[35] and the largest civil fraud settlement against any pharmaceutical company.[36] Qui tam "relators" are not eligible to receive shares of criminal fines. The $102 million that was distributed between the six whistleblowers was calculated from the fines paid in the civil settlement. Kopchinski's allegations were the basis for the majority of Pfizer's assessed civil fine, hence the size of his share relative to the other whistleblowers.[37] Kopchinski and his attorneys filed the False Claims Act complaint in 2004 and alleged Pfizer systemically violated the federal Anti-Kickback statute, 42 U.S.C. § 1320a-7b(b) and the off-label marketing provision within the Federal Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. §§ 301-97.[38] The qui tam provisions of the False Claims Act were triggered by the reimbursement for Bextra through Federal and State government programs, including but not limited to Medicare and Medicaid.
A hospital group based in McAllen, Texas, has agreed to pay the United States $27.5 million to settle claims that it violated the False Claims Act, the Anti-Kickback Statute and the Stark Statute between 1999 and 2006, by paying illegal compensation to doctors in order to induce them to refer patients to hospitals within the group. McAllen Hospitals L.P., d/b/a/ South Texas Health System, is a subsidiary of Universal Health Services Inc., a company based in Pennsylvania that owns hospitals and other health care centers on the country.[39]
In April 2009, the medical lab company Quest Diagnostics agreed to pay a $302 million settlement, the largest ever paid by a medical lab company for a faulty product.[40] A subsidiary of Quest, Nichols Institute Diagnostics Inc., was charged with marketing and selling faulty blood test kits to medical testing lab companies over a period of six years, despite substantial evidence that the product obtained inaccurate results. The “qui tam” case, which was brought under the False Claims Act by a California biochemist, launched a large-scale federal investigation and resulted in the record-setting resolution. The whistleblower was awarded $45 million of the $262 million civil settlement under the False Claims Act.[41]
In April 2009, the aerospace and defense technology company, Northrop Grumman, settled a lawsuit brought by a whistleblower and the US government alleging that the company sold faulty electronic equipment to the government for military satellites.[42] The $325 million settlement remains the largest ever paid by a defense contractor in a qui tam case.[43] Under the False Claims Act, which requires the government to award whistleblowers 15-25% of recoveries, the whistleblower Robert Ferro received $48.7 million for his participation in the case.[23]
In May 2004, Warner-Lambert agreed to settle claims brought in Franklin v. Parke-Davis by whistleblower David Franklin under the False Claims Act that the company had engaged in off-label promotion of the drug Neurontin. At the time, the $430 million settlement was one of the largest pharmaceutical settlements in history and the first off-label promotion case successfully brought under the False Claims Act.[44]
In October 2011, Pfizer agreed to settle all civil claims in a whistleblower suit brought under the False Claims Act in connection with off-label promotion of the drug Detrol. The settlement was $14,500,000.[45]
Canada[edit]
In the provinces of Canada that observed the English common law, the qui tam action has had limited scope, although as recently as 1933 the Exchequer Court Act, R.S.C. 1927, c. 34 had language to the effect that qui tam was permitted in "suits for penalties or forfeiture as where the suit is on behalf of the Crown alone." (Bank of Montreal v. Royal Bank of Canada, [1933] SCR 311; see sec 75(a) of RSC 1886 v2 c.135 "Supreme and Exchequer Courts"). Lawyers have used the qui tam action to prevent unwarranted intrusion into their domain by unqualified practitioners (1871: Allen Qui Tam v. Jarvis, 32 UCR 56). In cases like these, it would appear that the Crown is owed a bond from qualified practitioners, and the respondents—since they have not provided such a bond—are penalised by the courts. Allen in this case would seem to gain a fraction of the penalty exacted from Jarvis, the balance to the Crown.
Whistleblowers[edit]
'Whistleblower' can mean any person who reveals misconduct by his or her employer or another business or entity. The misconduct may be in the form of breaking the law, committing fraud, or corruption. In the United States, that type of fraud may be a violation of the False Claims Act, or similar state and local laws, and a whistleblower who exposes fraud on the government may bring a qui tam lawsuit on behalf of the government and potentially receive a share of the recovery recovered by the government as a reward for bringing that action.
In order for a whistleblower (also known as a "relator" in the context of the FCA) to bring a qui tam action that is based upon publicly disclosed information, that person must legally qualify as an "original source." See Rockwell International Corp. v. United States.
See also[edit]
Private attorney general
Parens patriae
References[edit]
^ Jump up to: a b Unique Product Solutions, Ltd. v. Hy-Grade Valve, Inc. (N.D. Ohio), February 23, 2011.
^ Jump up to: a b Quinn, Gene (September 26, 2011). "America Invents: A Simple Guide to Patent Reform, Part 1". IPWatchdog.com. Retrieved September 28, 2011.
^ Jump up to: a b c d e f g h i j k l m n J. Randy Beck, The False Claims Act and the English Eradication of Qui Tam Legislation, 78 North Carolina Law Review 539 (March 2000).
Jump up ^ Walker, P (2007-05-24). "Fraud whistleblowers could get cash rewards". The Guardian. London. Retrieved 2008-03-12.
Jump up ^ Kohn, Stephen Martin (2011). "The Whistleblower's Handbook". Globe Pequot. p. 199.
Jump up ^ "Honoring America's Truth-Tellers" (Press release). Office of United States Senator Charles Grassley. Retrieved 8 July 2015.
Jump up ^ Journals of the Continental Congress: 1774–1789. Washington: Government Printing Office. 1908. pp. 732–33.
Jump up ^ Journals of the Continental Congress: 1774–1789, op. cit. p. 732.
Jump up ^ "Asia Times Online :: Welcome to the Post-Constitution". Retrieved 15 June 2015.
Jump up ^ "Journals of the Continental Congress--THURSDAY, JULY 30, 1778". Retrieved 15 June 2015.
Jump up ^ Larry D. Lahman, "Bad Mules: A Primer on the Federal False Claims Act", 76 Okla. B. J. 901, 901 (2005) "Archived copy". Archived from the original on 2009-11-20. Retrieved 2009-06-24.
Jump up ^ West, Robin Page (16 September 2014). "How a Qui-Tam Whistleblower Case Works". ExpertLaw. ExpertLaw.com. Retrieved 15 August 2017.
Jump up ^ Wilmoth, Mary J. (27 October 2016). "Today is the 30th Anniversary of the 1986 FCA Qui Tam Amendments". Whistleblower Protection Blog. National Whistleblower Legal Defense & Education Fund. Retrieved 15 August 2017.
Jump up ^ See Nathan D. Sturycz, The King and I?: An Examination of the Interest Qui Tam Relators Represent and the Implications for Future False Claims Act Litigation, 28 St. Louis Pub. L. Rev. 459 (2009), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1537749
Jump up ^ See, e.g. Rockwell International Corp. v. United States, No. 05-1272, 549 U.S. 457 (2007) Text of Rockwell International Corp. v. United State is available from: Official U.S. Supreme Court slip opinion
^ Jump up to: a b "31 U.S. Code § 3730(d) - Civil actions for false claims". Legal Information Institute. Cornell Law School. Retrieved 15 August 2017.
Jump up ^ "United States ex Rel. Lu v. Ou, 368 F.3d 773 (7th Cir. 2004)". Google Scholar. Google.
Jump up ^ R. Scott Oswald, "Questions and Answers About the Qui Tam Provision of the False Claims Act", (2009) https://www.employmentlawgroup.com/in-the-news/articles/questions-answers-qui-tam-provision-false-claims-act/
Jump up ^ (The Forest Group, Inc. v. Bon Tool Co, 2009)
^ Jump up to: a b http://www.dodig.mil/pubs/sar.cfm
Jump up ^ Egelko, Bob, "$31.9 Million Settlement In Shipping Suit", San Francisco Chronicle, 4 January 2012, P. D1.
Jump up ^ "Maersk Line to Pay Us $31.9 Million to Resolve False Claims Allegations for Inflated Shipping Costs to Military in Afghanistan and Iraq – OPA – Department of Justice". Retrieved 15 June 2015.
^ Jump up to: a b "US v. Eli Lilly and Company (Zyprexa)". United States Department of Justice. Retrieved 15 August 2017. This civil settlement netted the government and all whistleblowers about $750 million. The government received an additional $600 million in criminal fines."
Jump up ^ Knight, Paul (15 December 2010). "Delma Pallares: Whistleblower Helped Feds Catch Guy Who Ripped Off Troops Is Still Fighting". Houston Press. Retrieved 15 August 2017. Without her knowledge, the alleged schemes would have gone unnoticed and she and the U.S. Government would not have received $13.7 million of the total settlement."]
Jump up ^ "Rotech Settles Whistleblower Case for $2 Million". Home Care Magazine. 8 September 2008. Retrieved 15 August 2017.
Jump up ^ "Rotech Agrees to $2 Million Medicare Fraud Settlement". FDA News. 27 August 2008. Retrieved 15 August 2017.
^ Jump up to: a b c "GlaxoSmithKline to plead guilty and pay $3 billion to resolve fraud allegations and failure to report safety data," Department of Justice Press Release, July 2, 2012.
^ Jump up to: a b Thomas, Katie; Schmidt, Michael S. (2 July 2012). "Glaxo Agrees to Pay $3 Billion in Fraud Settlement". New York Times. Retrieved 16 October 2017.
Jump up ^ Content, Thomas (17 December 2015). "Alliant, WEC Energy agree to co-own $700 million power plant plus renewable projects". Milwaukee Journal Sentinel. Retrieved 16 October 2017.
Jump up ^ "ATK Launch Systems Inc. Settles False Claims Product Substitution Case for Nearly $37 Million". U.S. Department of Justice. 23 April 2012. Retrieved 16 October 2017.
Jump up ^ http://www.rttnews.com/1860244/ammed-direct-to-pay-18-mln-to-us-tennessee-to-resolve-false-claims-allegations.aspx
Jump up ^ http://www.justice.gov/usao/waw/press/2012/Mar/lifewatch.html
Jump up ^ Huffstutter, P.J.; Blankstein, Andrew (November 20, 2010). "Texas businessman settles military food mislabeling case for $15 million". Los Angeles Times.
Jump up ^ "Boeing Company to Pay U.S. $25 Million to Resolve Allegations Related to Defective Work on KC-10 Aerial Refueling Aircraft". Retrieved 15 June 2015.
Jump up ^ "Justice Department Announces Largest Health Care Fraud Settlement in Its History". U.S. Department of Justice. 2 September 2009. Retrieved 16 October 2017.
Jump up ^ https://www.fbi.gov/pressrel/pressrel09/justice_090209.htm
Jump up ^ Berkrot, B (2009). "Pfizer whistleblower's ordeal reaps big rewards". Reuters. Retrieved 2009-08-03.
Jump up ^ "Lead prosecutor in Pfizer's $2.3 billion settlement says off-label promotion issues are becoming "broader and more complex"" (PDF). Compliance Report. 8 (13). 30 September 2009. Retrieved 16 October 2017.
Jump up ^ "Texas Hospital Group Pays U.S. $27.5 Million to Settle False Claims Act Allegations". U.S. Department of Justice. 30 October 2009. Retrieved 16 October 2017.
Jump up ^ New York Times article, Associated Press. April 15, 2009.
Jump up ^ "Significant False Claims Act Settlements & Judgments - Fiscal Years 2009-2016". U.S. Department of Justice. Retrieved 16 October 2017.
Jump up ^ "Northrop Grumman Corp. Settles False Claims Act Case for Defective Satellite Parts". U.S. Department of Justice. 2 April 2009. Retrieved 16 October 2017.
Jump up ^ Drew, Christopher (3 April 2009). "Military Contractor Agrees to Pay $325 Million to Settle Whistle-Blower Lawsuit". The New York Times. p. 4.
Jump up ^ Melody Petersen, Our Daily Meds: How the Pharmaceutical Companies Transformed Themselves into Slick Marketing Machines and Hooked the Nation on Prescription Drugs
Jump up ^ "Bloomberg". Bloomberg.com. Retrieved 15 June 2015.
Bibliography[edit]
For a history of qui tam actions, see "Vermont Agency of Natural Resources v. United States ex. rel. Stevens (98-1828) 529 U.S. 765 (2000)". Supreme Court collection. Cornell University Law School. Retrieved 2008-03-13.
External links[edit]
Bad Mules: A Primer on the Federal False Claims Act
Department of Justice Presentation on the University of Washington Overbilling Case
What is Qui Tam Litigation?
States with Most Qui Tam Filings
Add US DEPT. OF HEALTH AND HUMAN SERVICES, OFFICE OF INSPECTOR GENERAL as a link.
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Battle of Ypres
From Wikipedia, the free encyclopedia
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The Battle of Ypres was a series of engagements during the First World War, near the Belgian city of Ypres, between the German and the Allied armies (Belgian, French, British Expeditionary Force and Canadian Expeditionary Force). There were hundreds of thousands of casualties during the five engagements:
First Battle of Ypres (19 October – 22 November 1914). During the Race to the Sea. More than 100,000 casualties.
Second Battle of Ypres (22 April – 15 May 1915). First mass use of poison gas by the German army; included first victories of a former colonial nation (Canada) over a European power (Germany) on European soil.[citation needed] Around 100,000 casualties.
Battle of Passchendaele (31 July – 10 November 1917) also known as the Third Battle of Ypres. 400,000 to 800,000 casualties.
Battle of the Lys (1918) (9–29 April 1918) also known as the Battle of Estaires or the Fourth Battle of Ypres.[citation needed] Around 200,000 casualties.
Fifth Battle of Ypres (28 September – 2 October 1918) an informal name given to a series of battles in northern[citation needed] France and southern Belgium, also known as Advance of Flanders and Battle of the Peaks of Flanders. Around 10,000 Allied casualties; German casualties unknown.[citation needed]
This article includes a list of related items that share the same name (or similar names).
If an internal link incorrectly led you here, you may wish to change the link to point directly to the intended article.
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Son (novel)
From Wikipedia, the free encyclopedia
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This article's lead section does not adequately summarize key points of its contents. Please consider expanding the lead to provide an accessible overview of all important aspects of the article. Please discuss this issue on the article's talk page. (November 2013)
Son by Lois Lowry
Author
Lois Lowry
Country
United States
Language
English
Series
The Giver Quartet
Genre
Young adult fiction
Dark fantasy
Publisher
Houghton Mifflin Harcourt
Publication date
October 2, 2012
Media type
Print (hardback)
Pages
393 pp
ISBN
978-0-54788-720-3
Preceded by
Messenger
Son is the final entry in The Giver Quartet by Lois Lowry. It was preceded by Messenger, the third book of the series. The book follows Claire, the mother of Gabriel, the baby seen in The Giver.[1]
Contents
[hide]
1 Plot
1.1 Before
1.2 Between
1.3 Beyond
2 Themes and development
3 Critical reception
4 References
5 External links
Plot[edit]
Son is written in three parts, each with a subtitle: Before, Between, and Beyond.
Before[edit]
Before takes place in the same location ("The Community") and at the same time as The Giver. Claire's assigned occupation in the community is Birth Mother, whose primary responsibility is to give birth. At the start of the book, Claire is nearing the end of her pregnancy. She gives birth to her child at 14, but complications during labor necessitate delivery by Cesarean section. Three weeks after giving birth, Claire reports to the birthing unit office and is reassigned to work at the Fish Hatchery. Before she leaves, she inquires after the baby she delivered, and the officer informs her that the baby is healthy, accidentally informing Claire that the child is male and number Thirty-Six in his year.
Claire retains curiosity for her son as she begins work at the Fish Hatchery and begins casually volunteering at the infant nurturing center to see him. As she plays with Thirty-Six, she quickly grows to love him, a feeling she finds that she alone experiences. She later realizes that all adult community members take pills that suppress emotions. As a Birth Mother, she was instructed not to take the pills, and the matter was overlooked in her reassignment. Claire is told that Thirty-Six is going "Elsewhere" for his failure to thrive according to the community's standards. Before she can do anything, her son is saved and taken away by Jonas, the protagonist from The Giver. Claire attempts to follow them on a supply boat, but the boat soon encounters a strong storm and is shipwrecked.
Between[edit]
In Between, Claire is rescued from the beach the supply boat shipwrecked on. She is taken in by a midwife, Alys, while she tries to regain her memory, as she has suffered from temporary amnesia after the wreck. Once her memories return, a man, Lame Einar, trains her to be able to escape the village they are in. She must be able to climb a steep cliff up out of the valley. After climbing the cliff, she meets an evil entity, Trademaster, which offers to take her to her son if she trades her youth. Claire agrees and is turned into an old woman, and her son, named Gabriel (Gabe), is located.
Beyond[edit]
In Beyond, Gabe is now a young man, with a power to see into other people's minds for a split second, called "veering." Gabe is also curious about his old home and his real mother. Meanwhile, Jonas notices Claire, finds out that she is the mother of Gabe, and convinces Gabe that Claire is his mother and that the Trademaster is evil and caused her to grow old.
Gabe is then told that the Trademaster must be killed. He meets the Trademaster, veers into its body, and understands that the Trademaster is hungry for suffering. Gabe then tells the Trademaster of all the people that he has tried to destroy and how they are living happily again. That destroys the Trademaster, and when Gabe returns home, Claire returns to her younger self.
Themes and development[edit]
Themes in Son include those of love, obligation, sacrifice, and loss.[2] Lowry had originally not planned on writing Son or any sequels to The Giver, but she was inspired to write the story after she "decided to describe what became of him [Gabriel] as he grew up."[3] Initially intending to center the book on Gabriel and his determination to discover his past, Lowry instead found herself being drawn to write more about Claire. She stated, "I wasn't aware of it at the time... but when I was writing of her yearning to find her boy, that was coming out of my own yearning to have my own son back."[4]
Critical reception[edit]
Reception for Son has been mostly positive, with the book gaining starred reviews from Kirkus Reviews and Booklist.[5][6] A reviewer for The Washington Post wrote that the book had a "quiet climax", stating that the ultimate "power of this parable" is that "It confronts us with some of the choices we are making and plays out the consequences."[7] Robin Wasserman of The New York Times commented that Son did well as a standalone novel and praised Lowry's descriptions in the book.[2] The Boston Globe criticized the book's "over-elaborations and pacing" while writing that "overall the journey is still worth the effort".[8] The AV Club commented that while the book could have used more world-building, it is also "just plain good young-adult literature".[9]
References[edit]
Jump up ^ Williams, John. "Book Review Podcast: The Final Book in Lois Lowry's 'Giver' Quartet". New York Times. Retrieved 19 October 2012.
^ Jump up to: a b Wasserman, Robin. "The Searcher". New York Times. Retrieved 19 October 2012.
Jump up ^ Dar, Mahnaz. "Lois Lowry Talks About Her Latest Novel, 'Son'". School Library Journal. Retrieved 19 October 2012.
Jump up ^ Kois, Dan. "The Children's Author Who Actually Listens to Children". New York Times. Retrieved 19 October 2012.
Jump up ^ "SON by Lois Lowry | Kirkus Book Reviews". 15 September 2012. Retrieved 18 October 2012.
Jump up ^ Cooper, Irene (1 June 2012). "Son, by Lois Lowry | Booklist Online". Booklist Online. Retrieved 18 October 2012.
Jump up ^ Quattlebaum, Mary (September 28, 2012). "Book World: 'Son' by Lois Lowry concludes series that began with 'The Giver'". Washington Post. Retrieved 19 October 2012.
Jump up ^ Rosenberg, Liz (October 3, 2012). "'Son' by Lois Lowry". Boston Globe. Retrieved 19 October 2012.
Jump up ^ McFarland, Kevin. "Lois Lowry's new Son finally concludes and resolves the classic story of The Giver". AV Club. Retrieved 19 October 2012.
External links[edit]
Lois Lowry's web site
[hide]
v
t
e
Novels by Lois Lowry
The Giver Quartet
The Giver (1993)
Gathering Blue (2000)
Messenger (2004)
Son (2012)
The Anastasia Series
Anastasia Krupnik (1979)
Anastasia Again! (1981)
Anastasia at Your Service (1982)
Anastasia, Ask Your Analyst (1984)
Anastasia on Her Own (1985)
Anastasia Has the Answers (1986)
Anastasia's Chosen Career (1987)
Anastasia at This Address (1991)
Anastasia Absolutely (1995)
The Sam Series
All About Sam (1988)
Attaboy Sam! (1992)
See You Around, Sam! (1996)
Zooman Sam (1999)
The Tates Series
The One Hundredth Thing About Caroline (1983)
Switcharound (1985)
Your Move, J.P.! (1990)
The Gooney Bird Series
Gooney Bird Greene (2002)
Gooney Bird and the Room Mother (2006)
Gooney the Fabulous (2007)
Gooney Bird Is So Absurd (2009)
Autobiographical
Looking Back (1998)
Other
A Summer to Die (1977)
Here in Kennebunkport (1978)
Find a Stranger, Say Goodbye (1978)
Autumn Street (1980)
Taking Care of Terrific (1983)
Us and Uncle Fraud (1984)
Rabble Starkey (1987)
Number the Stars (1989)
Stay! Keeper's Story (1997)
The Silent Boy (2003)
Gossamer (2006)
The Willoughbys (2008)
Crow Call (2009)
The Birthday Ball (2010)
Retrieved from "https://en.wikipedia.org/w/index.php?title=Son_(novel)&oldid=831522542"
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Novels by Lois Lowry
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Trough level
From Wikipedia, the free encyclopedia
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"Trough concentration" redirects here. For trough concentration of solar radiation, see Parabolic trough.
In medicine and pharmacology, a trough level or trough concentration is the lowest concentration reached by a drug before the next dose is administered, often used in therapeutic drug monitoring. The name comes from the idea that on a graph of concentration versus time, the line forms a U-shaped trough at the lowest region, before a new dose sends it higher again. The usual criterion is concentration in the blood serum, although in some instances local concentration within tissues is relevant. It is pharmacokinetically normal that with every passing minute and hour, the drug molecules are being metabolized or cleared by the body, so the concentration of drug that remains available is dropping. In a medicine that is administered periodically, the trough level should be measured just before the administration of the next dose in order to avoid overdosing.[1] A trough level is contrasted with a "peak level", which is the highest level of the medicine in the body, and the "average level", which is the mean level over time. It helps in therapeutic drug monitoring. It is widely used in clinical trials for newer medicines for its therapeutic effectiveness and safety.
References[edit]
Jump up ^ "Obtaining Trough Blood Levels" (PDF). University of Virginia Health System. 2007-03-29. Retrieved 2009-11-22. Archived version 2009-11-22
This pharmacology-related article is a stub. You can help Wikipedia by expanding it.
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List of One Day International cricket double centuries
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A double century (200 runs or more) in One Day Internationals (ODIs) has been scored on 8 occasions by 6 different batsmen/women from four of the twelve Test-cricket playing nations.[1] No player from Bangladesh, England, Pakistan, South Africa, Sri Lanka, Zimbabwe , Afghanistan or Ireland [2]has scored 200.[1]
The first player to score a double century in ODI's is Belinda Clark, in a women's world cup game in 1997 against Denmark. The first player to score a double century in ODI's against a test playing nation was Sachin Tendulkar in India against South Africa in 2010 during the second ODI of the bilateral series in Gwalior. The most double centuries by players from one country is five by India. Two double centuries have been scored in World Cup matches, namely Chris Gayle of West Indies and Martin Guptill of New Zealand, both during the ICC World Cup 2015. Rohit Sharma is the only player to have three double centuries in ODIs.
Contents
[hide]
1 Key
2 ODI Cricket
3 Women's ODI cricket
4 Notes
5 Footnotes
6 References
Key[edit]
* denotes that the player remained not out.
Runs denotes the number of runs scored by the player.
S/R denotes the strike rate of the player (runs scored per 100 balls)
Innings denotes which of the team's batting innings the double century was scored in.
Date denotes the date the match started on.
denotes that the total is/was a world record score at the time.
denotes the match was part of the ICC Cricket World Cup/Women's Cricket World Cup.
ODI Cricket[edit]
List of One Day International cricket double centuries[1]
No.
Runs
Batsman
S/R
For
Against
ODI
Venue
Date
1 200* Tendulkar, SachinSachin Tendulkar[1] 136.05 India South Africa 2962 Captain Roop Singh Stadium, Gwalior, India 24 February 2010
2 219 Sehwag, VirenderVirender Sehwag[2] 146.98 India West Indies 3223 Holkar Stadium, Indore, India 8 December 2011
3 209 Sharma, RohitRohit Sharma[3] 132.28 India Australia 3428 M. Chinnaswamy Stadium, Bangalore, India 2 November 2013
4 264 Sharma, RohitRohit Sharma[4] 152.60 India Sri Lanka 3544 Eden Gardens, India 13 November 2014
5 215 Gayle, ChrisChris Gayle[5] 146.30 West Indies Zimbabwe 3612 Manuka Oval, Canberra, Australia 24 February 2015
6 237* Guptill, MartinMartin Guptill[6] 145.40 New Zealand West Indies 3643 Wellington Regional Stadium, Wellington, New Zealand 22 March 2015
7 208* Sharma, RohitRohit Sharma[7] 135.95 India Sri Lanka 3941 Punjab Cricket Association IS Bindra Stadium, Mohali, India 13 December 2017
Women's ODI cricket[edit]
List of One Day International cricket double centuries[1]
No.
Runs
BatsWoman
S/R
For
Against
ODI
Venue
Date
1 229* Clark, BelindaBelinda Clark[8] 147.74 Australia Denmark [9] Middle Income Group Ground, Mumbai, India 16 December 1997
Notes[edit]
^ Batting first, Tendulkar shared stands of 196 for the second wicket with Dinesh Karthik (79), 81 for the third wicket with Yusuf Pathan (36), and 101 for the fourth wicket with Mahendra Singh Dhoni (68*) on the way to an India total of 401 for 3. India won by 153 runs, despite AB de Villiers of South Africa scoring 114* in the second innings. Tendulkar became the first batsman to score a double hundred in Men's One Day Internationals, achieving the landmark in 147 balls. It was also the first double century by an Indian in One Day Internationals.[3]
^ Batting first, Sehwag shared stands of 176 for the first wicket with Gautam Gambhir (67), and 140 for the second wicket with Suresh Raina (55) on the way to an India total of 418 for 5. India won by 153 runs, despite Denesh Ramdin of the West Indies scoring 96 in the second innings. The total of 418 is the highest by India batting first till date and Sehwag's 219 is the first One Day International double century reached with a four.[4]
^ Batting first, Sharma shared stands of 112 for the first wicket with Shikhar Dhawan (60), 72 for the second wicket with Suresh Raina (28), and 167 for the second wicket with Mahendra Singh Dhoni (62) on the way to an India total of 383 for 6. India won by 57 runs, despite James Faulkner of Australia putting up some resistance with 116 in the second innings. This is the only One Day International double century reached with a six.[5]
^ Batting first, Sharma shared stands of 202 for the third wicket with Virat Kohli (66), and 128 with Robin Uthappa (16*) on the way to an India total of 404 for 5. India won by 153 runs. as Sri Lanka were bowled out for 251. With this match, Sharma became the only batsman till date to score more than one double century in One Day Internationals. This is the second One Day International double century reached with a four.[6]
^ Batting first, Gayle shared a stand of 372 for the second wicket with Marlon Samuels (133*) also making a century on the way to a West Indies total of 372 for 2. The match was delayed by rain leading to Zimbabwe's target being adjusted as per the Duckworth–Lewis method to 363 off 48 overs. In reply, Zimbabwe were dismissed for 289 as West Indies won by 73 runs. Gayle became the first non-Indian to score a double century in One Day Internationals and the first batsman to score a double hundred in the Cricket World Cup. The partnership of 372 between Gayle and Samuels is the highest for any wicket in One Day Internationals. This is the third One Day International double century reached with a four.[7]
^ Batting first, Guptill shared stands of 62 for the second wicket with Kane Williamson (33), 143 for the third wicket with Ross Taylor (42), and 55 for the fourth wicket with Grant Elliott (27) on the way to a New Zealand total of 393 for 6. New Zealand won by 143 runs meeting with little resistance from the West Indies. Guptill's 237* was the first double century scored in the knockout stage of the Cricket World Cup. This is the fourth One Day International double century reached with a four.[8]
^ Batting first, Sharma shared stands of 115 for the first wicket with Shikhar Dhawan (68) and 213 for the second wicket with Shreyas Iyer (88) on the way to India total of 392 for 4.
^ Batting first, Clark shared stands of 168 for the first wicket with Lisa Keightley (60), and 136 for the second wicket with Karen Rolton (64) on the way to a team total of 412 for 3. Australia won by a mammoth 363 runs. Clark became the first player to score a double hundred in One Day Internationals. [9]
Footnotes[edit]
^ Jump up to: a b c d "Records / One-Day Internationals / Batting records / Most runs in an innings". ESPNcricinfo. Retrieved 17 August 2015.
Jump up ^ see "Women's ODI Cricket" table in the article
Jump up ^ "South Africa tour of India, 2nd ODI: India v South Africa at Gwalior, Feb 24, 2010". ESPNcricinfo. Retrieved 22 August 2015.
Jump up ^ "West Indies tour of India, 4th ODI: India v West Indies at Indore, Dec 8, 2011". ESPNcricinfo. Retrieved 22 August 2015.
Jump up ^ "Australia tour of India, 7th ODI: India v Australia at Bangalore, Nov 2, 2013". ESPNcricinfo. Retrieved 22 August 2015.
Jump up ^ "Sri Lanka tour of India, 4th ODI: India v Sri Lanka at Kolkata, Nov 13, 2014". ESPNcricinfo. Retrieved 22 August 2015.
Jump up ^ "ICC Cricket World Cup, 15th Match, Pool B: West Indies v Zimbabwe at Canberra, Feb 24, 2015". ESPNcricinfo. Retrieved 22 August 2015.
Jump up ^ "ICC Cricket World Cup, 4th: New Zealand v West Indies at Wellington, Mar 21, 2015". ESPNcricinfo. Retrieved 22 August 2015.
Jump up ^ "Hero Honda Women's World Cup, 18th Match: Australia Women v Denmark Women at Mumbai, Dec 16, 1997". ESPNcricinfo. Retrieved 15 May 2017.
References[edit]
Wisden Cricketers' Almanack
Highest Individual ODI Scores (from Cricinfo)
[show]
v
t
e
Cricket records
[show]
Test records
By team
Australia
Bangladesh
England
India
New Zealand
Pakistan
Sri Lanka
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West Indies
Zimbabwe
Batting
Most career runs
Triple centuries
Centuries in both innings
Centuries on debut
Bowling
Most career wickets
Five-wicket hauls on debut
Double five-wicket hauls on debut
Hat-tricks
[show]
ODI records
By team
Australia
Bangladesh
England
India
New Zealand
Pakistan
Sri Lanka
South Africa
West Indies
Zimbabwe
Batting
Most career runs
Highest individual scores
Double centuries
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Hat-tricks
Five-wicket haul on debut
[show]
T20I records
By team
Australia
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South Africa
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[show]
Miscellaneous records
International Centuries
Career Five Wicket Hauls
100 wickets in a season
Wicket with first ball
World Cup records
First-class records
Batsmen with 100 FC centuries
FC quadruple centuries
Ranji Trophy
List-A records
Centuries by ground
Five-wicket hauls by ground
Twenty20 records
Under-19 records
[show]
Women's cricket
Test records
ODI records
T20I records
Test centuries
ODI centuries
T20I centuries
Hat-tricks
Retrieved from "https://en.wikipedia.org/w/index.php?title=List_of_One_Day_International_cricket_double_centuries&oldid=838303820"
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