(212) 292-4573 tmcinnis@mcinnis-law.com

Small Business Grant Fraud Attorney

Small Business Grant Fraud

“In many instances, Energia merely ‘cut and pasted’ the concepts, text, data and tables from one of the above contracts and simply inserted it, in whole or in part, into another without performing any additional substantive research or analysis,” according to the Complaint which details how Lavid’s EPA and Air Force contract work plans were nearly identical.
The Government also alleged that Lavid improperly subcontracted out to Rutgers and Princeton Universities research that was supposed to be performed by Lavid at his laboratory, according to the Settlement Agreement filed in this case. Congress created SBIR in 1982 to channel federal funds as seed money into for-profit small businesses engaged in scientific or engineering research or research and development.

Ten agencies now earmark at least 2.5 percent of their extramural research budgets for SBIR grants, McInnis explained. The SBIR program has two government-funded phases, an initial phase up to $100,000 and a second, up to $750,000, in which additional moneys are provided when the research shows that the project will have private-sector or other government agency financing and viability, a so-called, “Follow-on Funding Commitment” (“FFC”). In the final phase SBIR grant recipients must secure the private or non-SBIR government funds. Lavid’s fraud occurred in both publicly funded phases.
The United States, through the U.S. Attorney’s Office for the District of New Jersey, formally joined the whistleblower suit with today’s filings. U.S. District Judge Dennis M. Cavanaugh received the Lavid’s Settlement Agreement today, according to McInnis, a former federal prosecutor now in private practice who concentrates in qui tam whistleblower cases brought under the FCA. “Qui tam” is a term derived from English Common Law meaning “he who sues on behalf of the king as well as himself.”

"Tim McInnis is an amazing attorney. He is intelligent, thorough, ethical, kind and he works very strategically in order to insure the best outcome for his clients. I would trust him with my life. He is not only an excellent attorney, but he is a compassionate person."
Denise A. Romano, January 2004

"Tim McInnis is a superb lawyer for whistleblowers. As both a relator and a lawyer I worked with for more than three and a

On October 14, 2020, medical device maker Merit Medical Systems Inc. (MMSI), of South Jordan, Utah, agreed to pay $18 million to settle allegations the company helped submit false claims to the federal Medicare and TRICARE programs and numerous state Medicaid programs by giving kickbacks to physicians and hospitals to induce the purchase and use of MMSI’s durable medical equipment devices and products. NYC attorney Timothy J. McInnis was a member of the legal team that successfully represented the whistleblower in the case, Charles J. (“CJ”) Wolf, M.D., who was the former Chief Compliance Officer of MMSI.

 

According to Dr. Wolf’s complaint and the government’s settlement agreement, for over six years MMSI paid kickbacks to physicians, medical practices, and hospitals. The payments were made indirectly under the guise of free advertising assistance, practice development, practice support, and so-called “educational” grants. All of this was intended to induce the healthcare providers to purchase and use MMSI’s products, including EmboSphere devices, which are used for uterine fibroid embolization procedures, and QuadraSphere devices, which are used for other types of embolization procedures. Among other things, MMSI used local advertising campaigns to steer patients to healthcare providers as a reward for past sales and to increase future purchases of MMSI products. Dr. Wolf and the government further alleged that MMSI disregarded numerous internal warnings, including from Dr. Wolf, that MMSI’s sales practices potentially violated the healthcare Anti-Kickback Statute (AKS).

 

The lawsuit was filed in the federal court in District of New Jersey, where attorney McInnis formerly served as an Assistant U.S. Attorney. The case is captioned United States ex rel. Wolf v. Merit Medical Systems, Inc., No. 2:16-cv-01855-CCC-MF (D.N.J.). Of the $18 million MMSI is paying to settle the case, $15.21 million will be go to the U.S. Treasury, and the remaining $2.79 million will go to the approximately 30 individual states that also joined the lawsuit.

half years and his counsel and perseverance were always spot on. His work was critical to a successful settlement of the case."
Stephen B. Diamond, Esq., August, 2016

"Tim McInnis Law represented my case with the up most professionalism. He communicated with me at every turn of the case ensuring I understood the process as well what was to come next. His patience, comprehension of Qui Tam Law and persistence in getting me the highest amount possible out of the case is unmatched. I wouldn't hesitate to recommend his law firm for a minute."
Don A. Briscoe, September 2016

"Tim McInnis Law represented my case with the up most professionalism. He communicated with me at every turn of the case ensuring I understood the process as well what was to come next. His patience, comprehension of Qui Tam Law and persistence in getting me the highest amount possible out of the case is unmatched. I wouldn't hesitate to recommend his law firm for a minute."
Don A. Briscoe, September 2016

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