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Date: 01-12-2023

Case Style:

United States of America, et al. v. North Shore Ambulance and Oxygen Service, Inc., et al.

Case Number: 1:15-cv-01085

Judge: Rachel P. Kovner

Court: United States District Court for the Eastern District of New York (Kings County)

Plaintiff's Attorney: United States Attorney’s Office in Brooklyn

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Defendant's Attorney: Barry H. Burke, Barry J. Pollack

Description: Brooklyn, New York lawyers represented the United States in asserting a False Claims Act claim against Defendants under 31 U.S.C. 3729.

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The False Claims Act (FCA), also called the "Lincoln Law", is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal government's primary litigation tool in combating fraud against the government. The law includes a qui tam provision that allows people who are not affiliated with the government, called "relators" under the law, to file actions on behalf of the government. This is informally called "whistleblowing", especially when the relator is employed by the organization accused in the suit. Persons filing actions under the Act stand to receive a portion (15–30%, depending on certain factors) of any recovered damages. As of 2019, over 71% of all FCA actions were initiated by whistleblowers.[4] Claims under the law have typically involved health care, military, or other government spending programs, and dominate the list of largest pharmaceutical settlements. Between 1987 and 2019, the government recovered more than $62 billion under the False Claims Act.

Outcome: CLERK'S JUDGMENT that Defendants motion to dismiss is granted; and that Plaintiffs claims are dismissed without prejudice for inadequate service under Rule 4(m). Signed by Jalitza Poveda, on behalf of Brenna B. Mahoney, Clerk of Court on 1/12/2023. (Copy of Judgment and Appeals packet mailed to Pro Se). (IH) (Entered: 01/12/2023)

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