In recent The Globe article, courageous employee reflects on actions that led to employer’s 14-count conviction.

Whistleblower Jen Erikson knew something was amiss at her place of employment. Witnessing the business practices at Caring and Compassionate Healthcare Agency (CCHCA), she realized things didn’t add up. She started digging deeper and discovered systemic fraud taking place in the company’s Medicaid billing. Erickson contacted Halunen Law, and attorneys Susan Coler and Nathaniel Smith felt a case could be made under the False Claims Act. Read a full recounting of this story by The Globe , as Erickson reflects on the steps she took to put a stop to the theft of taxpayer dollars, the victimization of the already vulnerable people CCHCA served, and the eventual conviction of her employer.

On June 24, 2021, Ms. Brown was sentenced to nearly 8 years in prison and ordered to pay restitution of more than $1.8 million.

You can also read more in the Star Tribune article: “Former SW Minnesota care agency operator sentenced to nearly 8 years for cheating Medicaid out of $1.8M“

MINNEAPOLIS (May 13, 2021) – On the evening of May 11, 2021, a jury in southwestern Minnesota rendered a guilty verdict against Remona Lysa Brown on 14 felony counts of aiding and abetting healthcare fraud during her tenure leading the Caring and Compassionate Healthcare Agency LLC (CCHCA) in Worthington Minnesota.

The jury found that Brown submitted fraudulent claims to Minnesota’s Medicaid program for home care health services in amounts exceeding $1.8 million, for which restitution is sought.

The case began when a civil False Claims Act (FCA) lawsuit was filed by Halunen Law on behalf of a former employee and former client of CCHCA. These whistleblowers, called Relators in the FCA civil case, identified suspicious billing activity related to the private duty nursing services being provided by the agency.

They compared hours the employee actually worked to the Explanation of Medical Benefits (EOMB) received by the client from the Minnesota Department of Human Services for what was being billed and discovered that CCHCA and Brown were falsely billing for many more hours than were worked.

After the civil FCA lawsuit was filed, which is still pending in Minnesota federal court, and lengthy investigation, the Minnesota Attorney General’s Office chose to move forward with criminal charges against Brown.

The investigation found not only evidence supporting the allegations brought in the civil FCA suit, but also identified additional persons for whom Brown and CCHCA were fraudulently billing Medicaid.

Besides overbilling and billing for services never provided, the investigation found that CCHCA billed services provided by Licensed Practical Nurses and Personal Care Assistants as though they were being provided by Registered Nurses, resulting in higher payments than warranted.

“When it became clear to me that an injustice was happening, I knew I had to do something. In the medical field, we pledge to do no harm and it was horrifying to know that these people were being taken advantage of in their most vulnerable state.

I am so grateful to Halunen Law for listening to our story and taking the right measures so true justice could be served. I never thought I would be a whistleblower, but unless people bring attention to the wrongs in the world, they will persist. I encourage anyone who is witnessing fraud to come forward.” said Jen Erikson, the whistleblower in the case.

Both FCA Relators testified as witnesses in Brown’s criminal trial.  Their testimony and the additional evidence put forth by the State ultimately resulted in the conviction of Brown on all charges. On June 24, 2021, Brown was sentenced to almost 8 years in prison and order to repay over $1.8 million in restitution.

“The jury’s verdict gives us great satisfaction. Our clients started their civil FCA case with the goal of stopping healthcare companies who prey on their most vulnerable clients by using them to commit fraud against the government,” said Nathaniel Smith, an attorney with Halunen Law. “Thanks to their willingness to shine a light on CCHCA’s conduct and the work of the Minnesota Attorney General’s Office in successfully prosecuting this case through a jury verdict, their goal was achieved. The actions of these two courageous whistleblowers made a difference.”

Further details of the case can be found under court file number 53-cr-17-852.

Read more in the Star Tribune article: “Former SW Minnesota care agency operator sentenced to nearly 8 years for cheating Medicaid out of $1.8M”

About Halunen Law

With offices in Minneapolis, Chicago, and Phoenix, Halunen Law offers experienced legal representation to employees, whistleblowers, and those who have been wrongfully injured. Halunen Law has achieved a reputation as a fearless, tenacious, and successful plaintiffs’ law firm, with a laser focus on achieving justice for its clients. For more information visit halunenlaw.com.

If you feel you’ve experienced illegal action in your workplace, we encourage you to submit a Case Review Form to our firm. One of our attorneys will review your information, and you’ll receive a response from our firm in a timely manner. There is no charge for this confidential process. And, if we take your case, as a contingency-based law firm, there is no cost unless we win.

We’re here to help you navigate your lawful rights and ensure you get the treatment you deserve. Together, we can hold employers accountable and create a fairer workplace for everyone.

Newark, NJ, December 4, 2020. A lawsuit filed by former employees of NY Waterway, which operates ferry vessels between New York and New Jersey, claims the company illegally dumped raw sewage, oil, fuel, coolant and other pollutants into New York harbor and surrounding waters for years while operating a fleet of 30 vessels that carry up to 30,000 passengers a day.

See the recent NY Times article.

Download the Amended Complaint.

In a recently unsealed complaint filed in the United States District Court of New Jersey, former NY Waterway fuelers and overnight mechanics Rafi Khatcikian and Ivan Torres allege that the company knowingly and intentionally forced them to discharge hundreds of gallons of liquid pollutants as well as batteries and aluminum shavings into the Hudson River, East River, Upper New York Bay, Lower New York Bay and Raritan Bay.

The complaint alleges that NY Waterway, under contract to the City of New York and Goldman Sachs, dismissed the concerns and complaints of the plaintiffs in order to cut costs, boost profits and remain on schedule. The company allegedly failed to maintain equipment designed to safely dispose of the pollutants and regularly told the plaintiffs to “get the job done” and lie about the illegal practices if asked, according to the suit. Both were threatened with termination if they took their concerns to management, and ultimately Khatcikian was fired for doing so, the complaint alleges.

“These brave defenders of the public interest are admitting their own wrongdoing in order to stop NY Waterway from further polluting the harbor and other local commercial and recreational waters,” said Michael D. Fitzgerald, co-counsel for plaintiffs. “They lost their jobs because of NY Waterway’s illegal practices, and then decided to put the interests of 15 million residents over their own futures. They are true environmental heroes.”

According to the complaint, videos and photographs taken by the former employees show workers dumping sewage through a hose thrown over the side of ferries and illegally dumping it directly into the Hudson River from the holding tanks. In one video, dye provided by the EPA to track the pollution is shown billowing across the river as employees scramble to disperse the evidence by stopping and starting engines at the dock. The ferry depicted in the video was taken out of service and its GPS device turned off before being moved to a New York-based dock, the lawsuit alleges.

The complaint alleges that when the EPA returned a few weeks later, the bathrooms on ferries under investigation were either locked or removed entirely. The removal of the bathrooms allegedly took place just days after NY Waterway received notice of Clean Water Act violations.

“NY cynically put out-of-order signs on bathrooms and even removed toilets once they learn they were being watched,” said Fitzgerald.

The complaint further claims that NY Waterway’s ferries engaged in the act of “running open,” an illegal practice where ferries would discharge their holding tanks while sailing between destinations. NY Waterway allegedly also delayed repairs of equipment and cooling systems until it knew federal inspectors were due, causing hundreds and hundreds of gallons of toxic waste to pollute the river and surrounding waters daily. Gerald Robinson, a Halunen Law attorney who also represents the plaintiffs, commented: “this case was brought under environmental laws allowing citizens’ suits, as well as the False Claims Act, showing the critical role that whistleblowers play in eliminating environmental injustice.”

According to the lawsuit, NY Waterway and affiliated companies improperly received approximately $9.6 million from federal and state agencies since 2015, including from the Department of Transportation, Federal Highway Administration, Federal Maritime Administration, Federal Emergency Management Agency and New Jersey Transit. NY Waterway unlawfully certified it was in compliance with all environmental laws in order to receive the money despite knowingly and illegally discharging pollutants every day, the complaint alleges.

About the Law Office of Michael D. Fitzgerald: The Law Office of Michael D. Fitzgerald is dedicated to those who have taken up the individual challenge and have committed themselves to reporting fraud and waste. Based in New Jersey, The Law Office of Michael D. Fitzgerald handles various employment related matters related to whistleblower issues including False Claims Act and Qui Tam matters.

About Halunen Law: With offices in Minneapolis, Chicago and Phoenix, Halunen Law offers experienced legal representation to employees, whistleblowers, and those who have been wrongfully injured. Halunen Law has achieved a reputation as a fearless, tenacious and successful plaintiffs’ law firm, with a laser focus on achieving justice for its clients. For more information visit halunenlaw.com.

If you feel you’ve experienced illegal action in your workplace, we encourage you to submit a Case Review Form to our firm. One of our attorneys will review your information, and you’ll receive a response from our firm in a timely manner. There is no charge for this confidential process. And, if we take your case, as a contingency-based law firm, there is no cost unless we win.

We’re here to help you navigate your lawful rights and ensure you get the treatment you deserve. Together, we can hold employers accountable and create a fairer workplace for everyone.