In March 2009, a final settlement was reached among the relator, Government and defendant in the False Claims Act matter, US ex rel Joseph B. Lee v. Victory Memorial Hospital, (index number 04 cv 3234 (Ross, J.)), filed in the United States District Court for the Eastern District of New York.
Under the terms of the settlement the hospital, which has filed for Chapter 11 Bankruptcy protection, agreed to pay approximately $2 million to settle allegations that it committed fraud against the federal Medicare Program.
Lee, a former controller for the hospital, filed suit alleging that Victory Memorial had improperly received and retained Medicare reimbursements via improper annual cost reports filed by the hospital.
Under a separate agreement, Lee was awarded $368,576.00 by the United States for commencing the qui tam whistleblower action in July. In December 2006, the United States partially intervened in the case and filed its own Complaint against Victory Memorial. U.S. District Judge Allyne R. Ross approved the settlement and dismissed the case in March 2009.
