A Practitioner’s View Of Institutional Corruption Through The Lens Of The Health Care System: An Essay

These interdisciplinary invaders have come to dominate the faculties of the elite law schools and to influence a great many of the other law schools. The interdisciplinarians are valuable additions to law faculties, but they should not be allowed to displace faculty who bring to the teaching of and research into law a rich background of legal practice in lieu of expertise in a scholarly field or fields outside of law.

—Richard A. Posner, The Federal Judiciary Strengths and Weaknesses, Harvard University Press 2017

INTRODUCTION

Think about this: some of the largest drug companies in the world—the one’s that we rely on for life saving treatments—are convicted criminals.1 Hospital chains and large entities that distribute drugs to the elderly have been charged with defrauding the government and have paid fines, or entered guilty pleas to resolve allegations of conduct that have placed patients at risk. Healthcare fraud is so rampant that each year the government has recovered billions of dollars under the False Claims Act from companies whose television advertising attempts to portray a different image; an image of a benevolent and caring corporate citizen.

Yet, with so many employees inside the company, how do these entities do what they do for so many years before their wrongful conduct is exposed, perhaps by a whistleblower who wakes up one day and questions what others have never thought about questioning? The answer to this question involves an analysis of how people behave when they are part of an institution—or in this case, a large corporation.

 

A Practitioner’s View Of Institutional Corruption – Reuben Guttman.

American Constitution Society, 2018 Student Convention

The 2018 ACS Student Convention will be hosted by the Northwestern University Pritzker School of Law in Chicago March 9-10, 2018. Plan to join us for two days of networking and dynamic discussions with leading scholars, advocates, and policymakers, including keynote remarks by Lisa Madigan, Illinois Attorney General, Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights, and Jason Kander, president of Let America Vote and Missouri’s 39th Secretary of State. For a list of confirmed speakers and more information, click here.

The Shadow Government: The Government’s Multi-Billion-Dollar Giveaway of its Decision-Making Powers to Private Management Consultants, “Experts,” and Think Tanks

A book by GBB Legal’s Dan Guttman, Available Amazon Here

The Shadow Government book_Dan GuttmanIn the past two decades the federal budget has tripled. However, popular wisdom to the contrary, the number of full-time civil servants has remained relatively constant. How does the government manage? In keeping with the American ethos that private is better than public, a large part of the business of government has been contracted out to accounting firms, think tanks, management consultants, and industrial corporations like McKinsey and Co., Peat, Marwick, Mitchell, and Co., the Stanford Research Institute, the RAND Corporation, Booz, Allen, and Hamilton, Westinghouse, and the Brookings Institution, among many others. The contractors do not merely build hardware and carry out a myriad of mundane tasks. They increasingly perform the functions of government itself, albeit in the guise of private efficiency and disinterested expertise, without accountability to the public. They make and implement policy recommendations, staff and restructure government agencies, reorganize railroads and hospitals, and produce the findings that allocate the spending of the federal budget dollar.

What is their track record? How well is the public interest served by the burgeoning and costly private bureaucracy which government contracting has spawned? Is it proper to delegate public affairs to a shadow government of private, corporate, and governmental constituents? These are the questions at the core of this important study, which was prepared for Ralph Nader’s Center for Study of Responsive Law.

Available Amazon Here

Former Five Term Congressman, Brad Miller, Joins GBB

WASHINGTON, Oct. 18, 2017 – Brad Miller, a former five term Congressman from North Carolina’s 13th Congressional District has joined the Washington, D.C.-headquartered whistleblower and complex litigation boutique, Guttman, Buschner & Brooks PLLC (GBB).

GBB is one of the nation’s leading complex litigation firms with particular expertise in representing whistleblowers. On behalf of its whistleblower clients, firm attorneys have recovered close to $5.5 billion for state and federal governments under False Claims Act. Most recently, the firm served as lead counsel in U.S. ex rel. Brown v. Celgene, which resulted in the recovery of $280 million for the federal government and state governments in July 2017.

Miller served in the North Carolina House of Representatives from 1993-1994, the North Carolina Senate from 1997 to 2002, and the United States House of Representatives from 2003 through 2013. An expert in the area of banking and financial services, Miller was a member of the House Financial Services Committee where he was one of the architects of the 2008 financial reform legislation, the Dodd-Frank Act, especially the creation of the Consumer Financial Protection Bureau and other consumer protections.

Miller earned his undergraduate degree from the University of North Carolina at Chapel Hill; he received a Master’s Degree from the London School of Economics and law degree from Columbia Law School. After graduation he served as a Clerk to Judge J. Dickson Phillips of the United States Court of Appeal for the Fourth Circuit. Before entering politics Miller was a trial lawyer in Raleigh, North Carolina.

“Brad Miller brings with him a deep knowledge of securities and finance laws along with laws governing pension funds and the protection of retiree benefits. His expertise is a perfect fit for GBB and the firm’s expansion plans,” said GBB Founding Partner, Justin Brooks.

“Our goal has been to build a firm with attorneys who are prominent in their areas and want to use their talents to advance the rule of law for the public interest,” said Founding Partner Reuben Guttman.

“There has been far too much misconduct in the financial sector,” Miller said, “and far too little accountability. The firm wants to take that misconduct on, and so do I.”

“The firm did good and important work to hold the mortgage industry accountable for foreclosure fraud,” Miller said. “There is much more to be done.”

GBB current attorneys include a former Commissioner of the OSHA Review Commission, a law professor who is a national expert on complex litigation and trial practice, a former attorney with the FDA and the EPA who also holds a medical license and continues to practice, and former federal law clerks and prosecutors.

About Guttman, Buschner & Brooks PLLC
Guttman Buschner & Brooks PLLC (GBB) is an elite litigation boutique with offices in Washington, D.C., Philadelphia, PA, and Wilmington, DE. More information on GBB can be found at www.GBBlegal.com. In addition to the recent Celgene litigation, attorneys at the firm represented the lead whistleblower in U.S. ex rel. McCoyd v, Abbott Labs, which involved the recovery of $1.6 billion for the government; one of six whistleblowers in U.S. ex rel. Graydon v. GSK which resulted in the recovery of $1.04 billion, one of the whistleblowers in U.S. ex rel. Demott v Pfizer which resulted in the recovery of $2.3 billion; the lead whistleblowers in U.S. ex rel. Sandler and Paris v. Pfizer, which resulted in recovery of $257.4 million; the lead whistleblower in U.S. ex rel. Szymoniak v. Bank of America, which resulted in the recovery of $95 million; three of the whistleblowers in U.S. ex rel. Doghramji v CHS, which resulted in the recovery of $97 million; the lead whistleblower in U.S, ex rel. Kurnik v. Amgen, which resulted in the aggregate recovery of $30 million from Amgen, Inc., Omnicare, and PharMerica Corp.; and U.S. ex rel. Abrahamsen v. Hudson Valley, which resulted in a recovery of $5.5 million to the federal government and state government.

Federal prosecutors launch investigation of prominent surgeon who double-booked operations

By Jonathan Saltzman GLOBE STAFF OCTOBER 05, 2017

Federal prosecutors are investigating the billing practices of one of the nation’s highest-paid surgeons after a Spotlight Team report detailed that Dr. David B. Samadi ran two surgeries simultaneously on hundreds of occasions — a routine that colleagues said many patients did not know about.

Samadi, the chief of urology at Lenox Hill Hospital in Manhattan and a medical expert on Fox News, already is the focus of a state inquiry into how he handles his enormous caseload of prostate surgeries. Current and former Lenox Hill medical personnel say he typically relied on unsupervised residents who were still learning how to do surgery.

Now, the US attorney’s office in Manhattan is looking at Samadi, too. Federal law prohibits surgeons at teaching hospitals from billing Medicare for two simultaneous operations unless the doctor was present for all “critical parts.”

. . .

Reuben Guttman, a Washington, D.C., lawyer who has represented clients in federal cases alleging health-care fraud, said it was extraordinary for a prosecutor to disclose an open investigation.

The e-mail to the Globe, he said, was a “clear signal that the matter of concurrent surgeries is extremely material to the payment of Medicare and Medicaid funds.”

. . . .

read the full article here.