Halunen Law was featured in Minnesota Lawyer for its recent lawsuit against Texas oil company C & J Energy for gender discrimination, violations of equal pay laws, and whistleblower retaliation. Read the article here.

Ms. Marchello was hired in 2012 as a pump operator. She had over three years experience in shale oil and was a certified heavy duty diesel mechanic. During her employment, Marchello was subject to humiliating names and treatment because of her gender. She was told, “If you are not here to be one of the guys, then you don’t have to be here at all.” During one of her 12 hour day work weeks, she was forced to move 50 pound buckets of chemicals by herself the enitre time simply because a client company supervisor told C & J Energy that he did not want a woman working in the field. Eventually Marchello was moved from her position in the field to behind a desk, apparently the only place for her at C & J Energy.

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Halunen Law Takes On For Profit Schools AgainHalunen Law False Claims Act attorneys Susan Coler, Nathaniel Smith, and Gerald Robinson brought a lawsuit on behalf of their client Brian Gravely alleging that National American University (NAU) has engaged in fraudulent conduct against the government. The lawsuit alleges that NAU’s misrepresentations allowed it receive millions in federal dollars that it would not have otherwise been entitled.

“This type of conduct not only harms taxpayers, but the students who attend these universities. Our client observed the negative impact he believed the school’s conduct was having, and was compelled to take a stand,” said Susan Coler, Partner and Chair of Halunen Law’s Qui Tam/Whistleblower practice group.

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SAINT PAUL, Minn. (December 1, 2017) — A dermatologist’s whistleblower lawsuit recovered $850,000 for his fellow taxpayers, as the U.S. government settled fraud claims against a Minnesota skin-care practice and its owner, whom it had accused of false billing and unnecessary surgical procedures.

The Employment Law Group® law firm represented the whistleblower, Dr. Jeff Samuelson, with the assistance of local attorney Susan Coler of Halunen Law.

In his lawsuit, Dr. Samuelson alleged that Michael J. Ebertz, a dermatologist and owner of Skin Care Doctors, P.A. (SCD), based in Burnsville, Minn., profited by knowingly treating many patients’ benign skin lesions as if they were pre-cancerous — and then billing Medicare, the government insurance program, for procedures that weren’t medically necessary and shouldn’t have been reimbursed by taxpayers.

According to Dr. Samuelson’s complaint, Dr. Ebertz also used other methods to profit illegally from his patients’ visits — and urged other doctors in the practice to follow his lead, which they refused to do. Dr. Ebertz’s patients were unaware of the manipulation, according to Dr. Samuelson, who was a partowner of SCD at the time but was forced out after uncovering the scheme.

Dr. Samuelson now practices dermatology in California.

After investigating Dr. Samuelson’s claims, the U.S. government largely echoed his accusations and negotiated a settlement in which Dr. Ebertz denied wrongdoing yet agreed to pay $850,000 on his own behalf and for SCD. He also agreed to pay Dr. Samuelson’s attorney fees, and to stop billing Medicare for the disputed practices.

“This settlement is an important statement about the proper conduct of medicine,” said David L. Scher of The Employment Law Group, who was Dr. Samuelson’s lead attorney in the case. “When people visit a clinic such as SCD, they must be treated based on sound medical judgment — not based on how much money they can generate for a doctor’s bank account.”

The United States was represented in the case by Assistant U.S. Attorney Ann M. Bildtsen and members of the Office for the U.S. Attorney for the District of Minnesota. Dr. Samuelson brought the lawsuit under the federal False Claims Act (FCA) and will receive a reward of $153,000 for his whistleblowing.

The FCA, originally signed into law by President Abraham Lincoln in 1863, makes it illegal to deceive the federal government for financial gain. In addition to steep penalties for violators, it includes a “qui tam” provision that allows whistleblowers to file a legal complaint on behalf of taxpayers and — if they prevail — to receive a share of the proceeds.

“Jeff took a tough stand against his boss, and was pushed out of the SCD practice as a result,” said R. Scott Oswald, managing principal of The Employment Law Group. “He could have kept quiet and moved on, but instead he stood up for taxpayers and future SCD patients, achieving a measure of justice with the strongest whistleblower tool available for Medicare fraud — the False Claims Act. He’s a model of medical ethics and a beacon for doctors and other medical professionals who witness wrongdoing by their colleagues.”

“Along with Jeff and local counsel Susan Coler, we’re grateful to AUSA Bildtsen and her aggressive team in Minneapolis, and to Acting U.S. Attorney Gregory G. Brooker,” noted Mr. Scher. “They recognized the harm to Minnesota citizens, as well as to federal coffers, and they moved smartly to hold Dr. Ebertz to account.”

David Scher, a principal of The Employment Law Group, and Susan Coler, a partner in Halunen Law, are available for interviews about this case. Dr. Samuelson’s original complaint in the case, filed in 2015, is available here.

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About The Employment Law Group
The Employment Law Group® law firm represents employees who stand up to wrongdoing in the workplace. Based in Washington, D.C., the firm takes cases nationwide. More information about The Employment Law Group and its attorneys is available at https://www.EmploymentLawGroup.com.

About Halunen Law

Based in Minneapolis, Minn., Halunen Law represents employees, consumers, and whistleblowers in actions against corporations that have committed wrongdoing. More information about Halunen Law and its attorneys is available at https://staging.halunenlaw.com.

Susan M. Coler A Partner at Halunen Law, Susan Coler represents whistleblowers across the United States in many different industries who challenge illegal corporate conduct, including fraud against the government. As a Labor and Employment Law Specialist, Susan has also brought successful retaliation claims in connection with False Claims Act (FCA) /qui tam cases and as stand-alone actions.

Learn more about Susan Coler

Halunen Law - Whistleblowers: Fraud's Biggest Threat You know when something’s not right at work. Numbers don’t add up. Documentation doesn’t reflect what you know to be true. Safety procedures aren’t being followed. Fraud and illegal activity is a reality at many workplaces, and it’s often you – the employee – who identifies and has the courage to bring that fraud to light. If your employer or government contractor is engaged is some sort of fraud/illegal activity, you may be wondering what you can do about it, what the risks might be to your livelihood and reputation, and whether or not it’s worth it to “blow the whistle.” While whistleblowers have often been labeled “disgruntled employees” by the companies they’re seeking to expose, they are more likely champions of the truth, and there are statutes that both protect and reward whistleblowers for taking a stand.

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FOR IMMEDIATE RELEASE

Rochester Police Officer Who Opposed Racial Bias and Excessive Force
Obtains $1 Million Settlement, Halunen Law Reports.

MINNEAPOLIS – (Sept. 19, 2017) A Rochester, Minn. police officer has obtained a $1 million settlement from the city of Rochester to resolve her employment discrimination and retaliation claims against the Rochester Police Department, according to Minneapolis-based Halunen Law, the firm representing the officer.

In 2016, Rochester Police Lt. Elisa Umpierre reported suspected racial bias in a decision to deny a favorable assignment to another police officer. Later that year, Rochester Police Chief Roger Peterson filed an internal complaint against Umpierre, allegedly based on Facebook posts Umpierre had published.
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Halunen Law - Landmark Decision in Friedlander v Edwards

This month, the Minnesota Supreme Court issued a unanimous, landmark decision expanding protections for employees who report legal violations to their employers. The Friedlander v. Edwards Lifesciences, LLC, et al., decision involves a straightforward interpretation of a statute and at first glance may seem unremarkable. The truth of the matter is, it’s a big deal. To fully understand the ruling’s impact let’s explore an example that may sound familiar:

Imagine you are a compliance officer at large bank. Your boss shares a plan with you involving the highest levels of the company, to add fake accounts and credit cards for bank customers without their knowledge or permission. Appalled, you object to this plan and call it fraudulent. Your boss laughs and fires you. You, in turn, sue the bank for wrongful termination.

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Halunen Law - Severence Agreement: Seek Advice Before SigningBack in March I wrote a blog about a common call I get from executives. They’ve just received a a severance agreement and want to make sure it’s “safe” to sign. I discussed my surprise that people who made their careers negotiating for their employer, didn’t have an appetite to negotiate for themselves.

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Halunen Law - SightPatch Medical Former Presient to Pay $12 Million A $12 million settlement was reached in a False Claims Act case alleging kickbacks to physicians for using Sightpath Medical Products in eye surgeries. The relator, Kipp Fesenmaier, was vice president of the company and reported that kickbacks were being offered to physicians to bribe them to use Sightpath Medical products. These kickbacks came in the form of sham consulting agreements and free entertainment – including hunting, fishing, and skiing trips. Halunen Law was proud to work with lead counsel from Morgan Verkamp LLC in this case. Susan Coler, head of Halunen Law’s Whistleblower/Qui Tam practice group, stated, “It’s great to see a result like this, where an employee’s report of illegal conduct caused significant corporate change and helped protect the integrity of medical decision making.

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Has a potential client come to you who is talking about fraud involving a contract or program that receives government funding? That person just might have a strong suit for filling a qui tam case. To give you an idea of what we are talking about consider just a few of the following examples of frauds that have been uncovered; keep in mind that the list goes on and on.

  • Billing for goods and services that never existed
  • Upcoding either for false illnesses or treatments or for employee work by charging higher doctors rates
  • Defective testing saying something passed a test when it failed
  • Failure to report known product defects while still billing the government for the product

A word cloud in gray and blue colors. The text represents a variety of words representing Halunen Law such as "Whistleblower, truth, law, fraud, government, regulation, anonymity and protectionThe False Claims Act is an important federal law that combats fraud against the Government, but many people have never heard of it. This vital act allows individuals with evidence of fraud to sue companies on behalf of the government for damages.

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With all of the news surrounding the fate of the Affordable Care Act lately, you may have missed that the government intervened in two lawsuits alleging fraud against the country’s largest health insurance company, Minnetonka-based UnitedHealth Group. Since the beginning of this year, the Department of Justice joined two separate False Claims Act cases against UnitedHealth. Both qui tam lawsuits (the Latin phrase commonly used for False Claims Act cases brought by a whistleblower) allege that UnitedHealth fraudulently inflated its Medicare Advantage risk adjustment scores.

So, what is the Medicare Advantage program? What are risk adjustment scores? And how can a major health insurance company, like UnitedHealth, defraud the government? The answers to each of these questions can be found in this post.

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