Investment and securities fraud is one area of consumer fraud litigation pursued by the attorneys at Beasley Allen. Litigation includes individual cases as well as class actions that have been filed throughout the country. Cases in this area also involve matters including wrongful conduct of insurance and finance companies including fraud and bad faith, mortgage loan fraud, general consumer fraud and employment issues. Pending cases include securities and investment fraud litigation against companies including Stanford Securities and Regions Morgan Keegan, among others.
Our firm also is representing people who have been taken advantage of in the workplace, through violations of the Fair Labor Standards Act (FLSA). In these cases, employers intentionally misclassify employees as independent contractors or managers in order to reduce costs such as overtime compensation, employee benefits, payroll taxes, unemployment compensation and workers compensation.
PharMerica Corp., the second-largest nursing home pharmacy, will pay $9.25 million to settle allegations stemming from a whistleblower lawsuit that it received generous kickbacks from Abbott Laboratories in exchange for pushing its anti-epileptic drug Depakote on nursing home patients. Nursing homes depend on pharmacy consultants and managers, such as those who work for PharMerica, to review the medical charts of resident patients once a month or more to make recommendations to physicians about what drugs should be prescribed for those residents. The settlement announced the U.S. Justice Department Oct. 7 resolves allegations that PharMerica sought and received illegal kickbacks from ... Read More
This is the fifth installment in The Fraud List: Fair Labor Series Nobody likes a tattletale, but when laws are being broken by one’s employer, it becomes the responsibility of the employee to “blow the whistle” to upper management. This responsibility can seem like more of a burden to some workers fearing their job will be affected by whistleblowing. Fortunately, thanks to the Fair Labor Standards Act (FLSA), any employee that experiences discrimination or retaliation due to their brave actions is protected by the anti-retaliation provisions of the FLSA. According to the FLSA, it is a direct violation for any ... Read More
The gender wage gap has been a growing problem in the U.S.; however, the state of California decided to put an end to the injustice once and for all by introducing the historic “Fair Pay Act.” According to “The Takeaway,” the Fair Pay Act, which was signed by Governor Jerry Brown this week, requires employers paying men more than women for the same job to verify the pay is based on credentials other than gender. Not only can disgruntled employees challenge alleged discrimination more easily, but they can do so without fear of retaliation as well. “The inequities that have plagued ... Read More
Volkswagen officials said the company has set aside 6.5 billion euros ($7.3 billion) to fix the damage from its emissions cheat scandal, but that amount may be less than 10 percent of what the fallout will actually cost, according to an analysis by multinational financial services giant Credit Suisse. In the worst-case scenario, Zurich-based Credit Suisse sees VW paying 78 billion euros ($87 billion) to deal with the disaster. That’s about 60 percent more than the 2010 Deepwater Horizon oil spill cost BP. Credit Suisse analysts predict that a lot of expenses will ride on how well the affected diesel-powered vehicles ... Read More
Cybersecurity is one of the many concerns on the minds of Americans today. In order to help alleviate worries of data breach, starting Oct 1, EMV technology (short for “Europay, MasterCard and Visa”) is set to replace the ancient technology of magnetic stripes. Unlike the old cards that hold all of the data needed to commit fraud, the computer chip within the EMV cards work as a microprocessor that creates a new transaction code upon each use. After Oct. 1, any merchant without EMV-reading capabilities will be responsible for any fraudulent activity reported on a card. The radical shift in ... Read More
An Atlanta hospice company has agreed to pay $3 million to resolve allegations stemming from a whistleblower complaint that it aggressively recruited and enrolled patients who were not terminally ill so it could boost the payments it received from Medicare. The office of John Horn, U.S. Attorney for the Northern District of Georgia, announced the settlement with Guardian Hospice Friday. It is the latest resolution among a growing number of False Claims Act lawsuits filed against hospice companies for abusing and bilking Medicare of taxpayer funds. According to the complaint, Guardian Hospice engaged in a scheme to increase its patient ... Read More
The Trump Hotel Collection, owned by republican presidential candidate and businessman Donald Trump, confirmed a data breach believed to have taken place between May 2014 and June 2015. According to PYMNTS.com, customer payment card information at select hotel locations may have been breached by means of unauthorized software installed on the hotels’ point-of-sale (POS) systems; however, it’s still unclear whether the involved hackers actually stole any private information. The following Trump hotel locations were affected by the data breach: Trump SoHo New York; Trump National Doral in Miami; Trump International New York; Trump International Chicago; Trump International Waikiki in Honolulu; ... Read More
Driven by General Motors’ deadly ignition switch disaster and the record number of safety recalls in the auto industry last year, the U.S. Senate began pushing for the support of a new bill designed to encourage whistleblowers in the auto industry to speak out by offering strong whistleblower protections and incentives. Now, after Volkswagen‘s recent admission that it programmed its diesel-powered TDI model to cheat on emissions tests, there are suddenly millions more reasons why the bipartisan Motor Vehicle Whistleblower Act should pass the House of Representatives. The hugely successful False Claims Act whistleblower provisions, which have helped the U.S. ... Read More
This is the fourth installment in The Fraud List: Fair Labor Series Since 1938, the Wage and Hour Division of the Fair Labor Standards Act (FLSA) has protected working class citizens from exploitation from their employer by ensuring time and a half for overtime pay in certain jobs. While overtime compensation is widely acceptable in most positions, not every worker qualifies to receive overtime, and not every employer is willing to play by the rules. In order to be qualified to earn overtime compensation, an employee must work more than 40 hours a week and earn less than $23,660 a ... Read More
A former employee of a U.S. military contractor will receive a whistleblower award of nearly $800,000 for tipping off the U.S. government about billing fraud he alleged his employer, L-3 Communications Corporation, engaged in to boost its own income. Robert Martin sued L-3 Communications Corp. and its units Vertex Aerospace LLC and L-3 Communications Integrated Systems LP (collectively L-3) under the whistleblower provisions of the False Claims Act, which authorize private individuals to sue on behalf of the U.S. government when they have solid, original information and evidence of fraud committed against federal agencies and programs. The U.S. Department of ... Read More