Kessler Topaz Represents Key Whistleblower in Government Settlement with Diagnostic Imaging Company

RADNOR, Pa., Feb. 26, 2014 /PRNewswire/ -- Kessler Topaz Meltzer & Check, LLP represented a key whistleblower behind the $15.5 million settlement that was announced today between the federal government, the States of New Jersey and New York, and Doshi Diagnostic Imaging Services and Diagnostic Imaging Group ("Doshi"), a major multi-state operator of diagnostic imaging centers.

The settlement resolves allegations, contained in a qui tam lawsuit, that Doshi paid kickbacks to physicians in exchange for referrals to Doshi's imaging centers.  Two other qui tam suits against Doshi, alleging unlawful billing of diagnostic imaging services that were never ordered, never needed or never provided, were also encompassed in the settlement.

"Health care providers may not pay physicians for referrals, as this complaint alleges," said David Bocian, a former federal prosecutor and head of Kessler Topaz's False Claims Act Litigation and Whistleblower Representation practice group.  "Medical referrals are supposed to be based on quality and accessibility of care – not illegal kickbacks."

Doshi was alleged to have entered into agreements with physicians who were in a position to refer nuclear stress tests to Doshi's facilities.  The Complaint stated that the agreements tied physician compensation to the volume of diagnostic imaging referrals that physicians promised to make to Doshi's facilities, in violation of the federal Anti-Kickback statute.

The qui tam suits were filed under the False Claims Act, which encourages private citizens to fight fraud against the government by bringing a whistleblower law suit.  If the government joins the law suit, the whistleblower may receive a monetary reward of between 15 and 25 percent of the recovery.

Kessler Topaz's Mr. Bocian expressed thanks for the dedication of the U.S. Attorney's Office for the District of New Jersey and officials at the Department of Justice in Washington for "their thorough investigation and resolution of this important case."

Kessler Topaz specializes in the prosecution of complex litigation on a contingent basis, litigating matters against the largest multi-national corporations and the most sophisticated defense firms.  Since the Firm's founding it has recovered billions of dollars for its clients, developed a worldwide reputation for success, and repeatedly been named as one of the nation's most prominent plaintiffs firms.

KTMC's False Claims Act Litigation and Whistleblower Representation practice group includes former federal and state prosecutors with extensive experience litigating health care, securities, corporate and government contract fraud.   The practice group is headed by Kessler Topaz partner David Bocian, who spent more than ten years as a federal prosecutor in the U.S. Attorney's Office for the District of New Jersey, where he was appointed Senior Litigation Counsel and managed the Trenton U.S. Attorney's office.  During his tenure, Mr. Bocian oversaw investigations and prosecutions pertaining to government corruption and federal program fraud, federal contractor fraud, commercial and public sector kickbacks, tax fraud, and other white collar and financial crimes, and tried numerous cases in federal court.

Mr. Bocian has extensive experience in the health care field.  He was previously employed in the health care industry, where he was responsible for implementing and overseeing a system-wide compliance program for a complex health system.  He also serves as an adjunct professor of law, teaching Health Care Fraud and Abuse to second and third year law students.

From: Allan Ripp 212-262-7477 [email protected]

SOURCE Kessler Topaz Meltzer & Check, LLP