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   * Adam T. Rabin
   * Christopher W. Kammerer
   * Lauren E. Johnson
   * Havan M. Clark
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Business & Whistleblower Litigation

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Business & Whistleblower Litigation

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Recognized As Among The“Top Lawyers”In Florida



FLORIDA BUSINESS, WHISTLEBLOWER, & SECURITIES LITIGATION LAWYERS

Rabin Kammerer Johnson is a boutique law firm in West Palm Beach, Florida,
specializing in complex business litigation, whistleblower-qui tam actions, and
securities arbitration & litigation. We are dedicated to finding efficient and
creative solutions to problems, providing outstanding legal services to our
clients, and advocating for our clients before courts, juries, and arbitrators.
Our experience and background make the firm well suited to handle the most
complex of disputes, while our size and efficiency allow us to work on creative
fee structures, including reasonable hourly fee arrangements, contingency fee
agreements in appropriate cases, and mixed hourly and contingency fee
structures.

Our firm has been named a Tier 1 “Best Law Firm” in Commercial Litigation in
West Palm Beach by “Best Lawyers in America,” and our attorneys have been
recognized as among the “Top Lawyers” in South Florida by the South Florida
Legal Guide, listed as the “Legal Elite” by Florida Trend, and named as Florida
“Super Lawyers” by Thomson Reuters.

Business Litigation

Our highly skilled and knowledgeable attorneys will represent your individual or
company’s interests effectively and efficiently with a strategic plan tailored
to your specific needs, whether it is taking the case to trial or making a
business decision to settle the case. We represent clients in a broad range of
business disputes, including contract litigation, disputes between owners of
LLCs or closely held companies, fraud, shareholder actions, non-compete
agreements, real estate matters, and intellectual property. Our firm represents
large corporations, midsized companies, small businesses, and individuals. We
are experienced in litigating and trying cases before juries and judges in both
state and federal courts and before arbitrators in alternative dispute settings.
The attorneys at Rabin Kammerer Johnson have one goal – to help you achieve your
litigation objective.

Whistleblower & Qui Tam Cases

The attorneys at Rabin Kammerer Johnson have a proven track record of successful
whistleblower and qui tam actions that are national in scope and impact. These
actions are based on fraud that is being committed against the federal and state
governments, which pay out billions of dollars every year for healthcare
benefits, contracts, loans, reimbursements, and emergency funding based upon
false claims. The federal and state governments want to recover these taxpayer
funds but often require tips from whistleblowers that will help them investigate
the wrongdoers.

The following are some examples of the types of qui tam and whistleblower
actions our firm handles:

 * Medicare & Medicaid fraud
 * Pharmaceutical fraud
 * Government contract fraud, including overcharging, overbilling, and providing
   defective goods

 * SEC fraud & violations of securities laws
 * IRS fraud/tax evasion
 * Construction and procurement fraud
 * Research grant and incentive fraud

 * Fraud related to funding new and renewable energy
 * Defense contractor fraud
 * Veteran affairs fraud

Our whistleblower and qui tam attorneys will guide you through the process of
filing an action under seal or preparing a whistleblower complaint under the SEC
and IRS whistleblower programs.

We will guide you through the process of filing an action under the federal
False Claims Act and provide representation throughout the course of the
litigation, whether your participation is limited to supporting the Government
or if you are put in the role of taking the lead in prosecuting a claim on the
Government’s behalf.

Our Florida whistleblower law firm is national in scope and results. If you are
aware of significant Government fraud anywhere in the United States, we want to
help you.

We also handle cases arising under the Florida False Claims Act and other laws
that protect state and local governments against fraud.

What is Fraud?

While most of us have heard about fraud, many are unaware of what it actually
encompasses. Fraud is a legal term that refers to the use of intentional
deception or dishonesty to obtain an unauthorized benefit. While there are both
state and federal laws in place that aim to protect people from being taken
advantage of in this way, thousands of individuals still find themselves the
victims of fraud everyday. Fortunately, it is possible to hold companies and
individuals accountable for their use of deceptive or dishonest tactics, so if
you were the victim of a fraudulent act, it is important to reach out to an
experienced Florida fraud lawyer who can help you seek compensation for your
losses.

Types of Fraud

There are a number of different types of fraud, but the most common include:

 * Medicare/Medicaid fraud, which occurs when a healthcare provider bills for
   services that were not provided, charges for unnecessary services or
   treatment, or pays third parties for patient referrals;
 * Military/government fraud, which consists of fraudulent acts in connection
   with obtaining a government contract, or in regards to federal programs like
   public housing;
 * Embezzlement, which occurs when a person or entity misappropriates assets
   that were entrusted to them;
 * Forgery, which involves the unlawful imitation of an object of value with the
   intent to deceive and includes offenses such as falsifying contracts or
   signing someone else’s name on a check;
 * Fraudulent financial reporting, which involves intentionally misrepresenting
   a firm’s financial statements to give investors a false impression of the
   company’s performance and profitability;
 * Identity theft, which involves the unauthorized use of a person’s identifying
   information for economic gain;
 * Money laundering, or concealing the origins of funds obtained illegally
   through a sequence of transactions and banking transfers;
 * Securities fraud, which occurs when an investor is induced to make purchase
   or sale decisions based on false information; and
 * Mail fraud, which involves the use of the U.S. mails to perpetrate a crime of
   deceit.

Both state and federal law criminalize this type of conduct, so defendants who
are convicted of fraud face serious penalties, including jail time, fines, and
restitution.

Elements of Fraud

To prove that someone committed fraud, a plaintiff will need to provide a court
with convincing proof that:

 * The defendant purposely misrepresented a material fact despite knowing that
   the information was false or deceptive or otherwise intentionally misled the
   plaintiff;
 * The plaintiff relied on the defendant’s misrepresentation; and
 * The plaintiff suffered an actual loss as a result of that reliance.

The evidence needed to prove that these elements have been fulfilled can include
everything from business records and financial documentation to testimony and
complaint letters. Collecting this evidence can, however, be a complicated
endeavor, so if you believe that you were the victim of fraud, please call our
office to begin investigating your claim.

Reporting Florida Medicare Fraud

Medicare fraud is usually committed by medical practitioners, hospitals, and
medical equipment suppliers that claim money from the Medicare program for
services that they don’t actually provide. Although it is possible to file a
claim against those who commit Medicare fraud, doing so can be difficult, so if
you have questions about filing a lawsuit against a healthcare provider or
hospital for Medicare fraud, please contact an experienced Florida medicare
fraud lawyer today.

What is Medicare Fraud?

Medicare fraud can take a number of different forms, but most often involves:

 * Upcoding, which occurs when a healthcare provider bills at a higher code than
   is permitted;
 * Billing for services that aren’t necessary or weren’t even provided;
 * Unbundling services, which occurs when a provider submits separate bills for
   lab services that should actually be billed as a single group;
 * Billing non-covered services as covered services; and
 * Soliciting, offering, or receiving a kickback in exchange for a referral.

While some hospitals and healthcare providers use these same methods against
insurance companies, the reward program authorized by the False Claims Act only
issues monetary awards for reports of fraud committed against Medicare programs.
This means that if a hospital was upcoding for most of its patients, the reward
program would only issue compensation based on the fraud committed specifically
against Medicare recipients.

Filing a Whistleblower Complaint

Whistleblowers who have knowledge of Medicare fraud can file a complaint under
the False Claims Act, which rewards whistleblowers with between 15 and 30
percent of what the government collects from the at-fault provider. However, to
receive a reward, a complainant must hire an attorney to file a lawsuit against
the at-fault party. The complaining party will also need to provide the
government with details and specific evidence of the fraudulent act. Rewards are
collected most often by those who work for the hospital or healthcare provider
who committed the fraud.

How to Report Medicare Fraud

Whistleblowers who report Medicare fraud must file a qui tam application under
the False Claims Act with the aid of an attorney that contains detailed evidence
of the fraudulent activity in question. It’s important to note that while the
Office of Inspector General does accept complaints regarding Medicare fraud,
they do not provide the complainant with a reward. Instead, whistleblowers
should file a complaint directly with a federal district court, which will keep
the case “under seal” until the government has completed an investigation, at
which point, it will decide whether or not to intervene in the case. If
successful, a complainant could receive a reward of between 15 and 25 percent of
the amount recovered by the government.

Florida False Claims Act

The federal government recovers billions of dollars in fraudulent billings and
overpayments every year under the False Claims Act, which allows private persons
to blow the whistle and bring lawsuits on behalf of the government. Yet it is
not only the federal government which is constantly being defrauded. The state
of Florida has its own False Claims Act mirroring the federal law and providing
a way for individuals to sue and help recover fraud against Florida state
government entities. The attorneys at Rabin Kammerer Johnson are authorities on
the Florida False Claims Act. Read on for more information about this important
state law, and contact Rabin Kammerer Johnson for assistance in a Florida False
Claims Act whistleblower case.

The Florida False Claims Act (FFCA) can be found in Florida statutes sections
68.081 through 68.092. This law prohibits false or fraudulent claims made to or
paid by the “state.” Although originally only applying to executive agencies of
the state government, amendments were made to the law so that now “state” is
defined more broadly.

Illegal Acts under the FFCA

The FFCA prohibits persons and companies who do business with the state from
engaging in many different types of fraudulent activity, including the following
(among others):

 * Knowingly presenting a false or fraudulent claim for payment or approval
 * Knowingly making or using false records or statements material to a false or
   fraudulent claim
 * Knowingly making or using false records or statements material to an
   obligation to pay or transmit money or property to the state
 * Knowingly concealing or knowingly and improperly avoiding or decreasing an
   obligation to pay or transmit money or property to the state
 * Conspiring to do any of the above

In making a false claim, the claim does not always have to be made directly to
the government. For instance, a subcontractor could present a false claim to the
general contractor, knowing that the subcontractor will be paid with government
money. The subcontractor in this instance is guilty of violating the FFCA.
Similarly, a subcontractor violates the FFCA when intending to defraud the
general contractor on a government contract; intent to defraud the government
directly is not required.

Penalties for Violating the FFCA

Those found in violation of the FFCA can be liable to the government for a
statutory fine between $5,500 and $11,000 per violation, along with treble
damages, or three times the amount of actual financial loss caused to the
government.

Procedure for Blowing the Whistle and Filing a Lawsuit under the FFCA

If you are a whistleblower with knowledge of a Florida False Claims Act
violation, the first step is to hire a lawyer who knows how to bring a
whistleblower case.   The lawyer will help you notify the Florida Attorney
General and/or the Chief Financial Officer (CFO) of the alleged misconduct. All
material evidence and information should be disclosed at this time. A sealed
complaint is filed in the Second Judicial Circuit court in Leon County, and the
AG or CFO has 60 days to review the matter and decide whether or not to
intervene.

If the state intervenes and prosecutes the violator, the whistleblower (also
known as the relator) will receive 15 to 25% of any award recovered, depending
upon the level of the relator’s participation in the action.

If the state declines to intervene, the relator can pursue the matter on behalf
of the government. In this case, the relator will receive 25-30% of any award.
This amount can be reduced if the relator was also somehow involved in planning
or initiating the wrongful conduct.

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Securities Arbitration & Litigation

Rabin Kammerer Johnson represents investors in claims against securities
broker-dealers, financial advisory firms, and investment advisors who have
mismanaged their clients’ assets or caused investment losses. These claims are
typically subject to mandatory arbitration before the Financial Industry
Regulatory Authority (FINRA) before which the firm has significant experience.

Our firm helps investors recover losses arising from:

 * Unsuitable investments: When an advisor or broker recommends that an investor
   buy or sell securities inconsistent with the investor’s investment objectives
   or risk tolerance.
 * Misrepresentation: When an advisor or broker misrepresents or fails to
   disclose material facts regarding the risk of an investment
 * Improper asset allocation: When an advisor or broker recommends a high-risk
   allocation of an investor’s assets without proper diversification across
   asset classes, i.e., equities, bonds, and cash
 * Unauthorized trading: When an advisor or broker purchases or sells securities
   in a “nondiscretionary” brokerage account without the investor’s approval
 * Churning: When an advisor or broker engages in the excessive trading of
   securities in an investor’s account to maximize commissions

Filing a case with FINRA is not like filing a case in court. FINRA cases are
usually decided by a panel of three arbitrators in a conference room, not
decided by a judge or jury in a courtroom. An investor’s ability to recover his
or her investment losses requires an attorney who knows FINRA rules and
procedures and how financial industry lawyers will defend the case.

In addition to the firm’s practice before FINRA, it also handles securities
litigation in court, including individual and corporate claims and class actions
under federal and Florida securities laws.

“He’s a highly ethical lawyer”

Adam Rabin is a highly professional and responsive lawyer who did an excellent
job representing me and my companies in a federal court RICO and securities
fraud case several years ago. Not only did… Read More

“I highly recommend him”

Adam does not let his ego get in the way of what is best for your case. If need
to be, he will go to the well and back to assure that everything that… Read More

“This man is one in a million”

Mr. Rabin posses laser focus and a detailed knowledge of the law. He is
articulate in his presentation of the legal points and does so in a manner that
a judge and jury can… Read More

“Rabin, Kammerer, Johnson is truly a fantastic law firm”

I highly recommend the Rabin, Kammerer, Johnson law firm. The entire staff
worked diligently to research my case. Adam and Lauren are fierce litigators. At
the same time, they put me at ease by… Read More

“They have been truly amazing and the results prove it for us”

The level of competency, forthrightness, detail, and of course hand holding as
you go through the process of a lawsuit, is outstanding. They have been truly
amazing and the results prove it for us.… Read More

“I will certainly be returning to this firm for my office's future legal needs”

Lauren and Adam have been outstanding for our office. After an initial call to
discuss the issues and potential arguments, they provided me with a very
realistic expectation of the cost. Lauren not only… Read More

“I felt I was in extremely competent hands”

I am a former client of Rabin Kammerer Johnson in a successful Whistleblower
action. Filing and prosecuting a federal lawsuit can be complex, and this firm
guided me through the process from beginning to… Read More

“We are so grateful for your passion”

Thank you Adam and team for your tireless work this past year. We are so
grateful for your passion, dedication, and professionalism. Thank you for
helping us get across the finish line (pun intended)!!!

“A guaranteed winner!”

Having utilized the services of many lawyers over the years, none has touched me
as deeply as [Rabin Kammerer Johnson]. [They are] so in touch with people and
what makes them tick that [their]… Read More

“I would recommend Adam to anyone”

I cannot say enough about Adam and his team. He was thorough, quick to answer
any questions I had either by phone or email, day, night snd even weekends. He
was honest, aggressive and… Read More

“They are sharp and professional”

I am forever grateful to a dear friend who referred me to Adam for legal
services. The Rabin Kammerer Johnson Law Firm guided me through a very difficult
and stressful situation and made me… Read More

“I notice that he takes pride on what he does”

Very meticulous, organized, sophisticated, non-judgmental, filled with knowledge
on the law, dynamic, well-respected among other lawyers and judges and a GREAT
NEGOTIATOR. On my experience with Adam Rabin, I notice that he takes pride… Read
More

“He kept me informed”

Mr. Rabin is an excellent lawyer. He handled a complicated investment and family
dispute for me that involved both financial and emotional consequences. He kept
me informed, negotiated a favorable settlement under the circumstances,… Read
More

“He helped me avoid the additional fees”

Adam Rabin quickly dug into my matter and helped me efficiently resolve a
dispute I was having with a vendor. By getting me a quick and practical business
resolution, he helped me avoid the… Read More

“I trust him infinitely”

I can not say enough positive things about Mr. Rabin, his firm, and his partners
and associates. In early 2008, we hired him to represent us at the
recommendation of another attorney. We were… Read More

“The other party did not pursue the threatened litigation”

Last year, Adam Rabin represented me and my company in a threatened patent
infringement and breach of contract suit. After reviewing the matter and
relevant documents, he was able to, in coordination with patent… Read More

“I unequivocally would recommend him to other clients”

Mr. Rabin’s representation of me and my company was highly professional,
effective, and cost-efficient. He provided sound counsel and I unequivocally
would recommend him to other clients.

“He thoroughly reviews all facts”

Adam Rabin has represented my firm on a number of matters and has always
produced outstanding results. Mr. Rabin does not approach any case with
preconceived notions. He thoroughly reviews all facts, researches the… Read More

“Mr. Rabin carefully researched the law”

Mr. Rabin represented us in one case against a much larger company that was
determined and in a position to outlast us. Despite a lack of perfect
documentation, Mr. Rabin carefully researched the law… Read More

“Mr. Rabin is very easy to work”

Mr. Rabin is very easy to work with and has become a trusted advisor to our
company. He has no ego and when we have presented him with cases that fall
outside of his… Read More

“He provides his clients with the professionalism and expertise that one would
seek from a large law firm”

I have worked with hundreds of attorneys over the course of my 30 year business
career and Mr. Rabin ranks in the top 1%. He provides his clients with the
professionalism and expertise that… Read More

“He’s a highly ethical lawyer”

Adam Rabin is a highly professional and responsive lawyer who did an excellent
job representing me and my companies in a federal court RICO and securities
fraud case several years ago. Not only did… Read More

“I highly recommend him”

Adam does not let his ego get in the way of what is best for your case. If need
to be, he will go to the well and back to assure that everything that… Read More

“This man is one in a million”

Mr. Rabin posses laser focus and a detailed knowledge of the law. He is
articulate in his presentation of the legal points and does so in a manner that
a judge and jury can… Read More

“Rabin, Kammerer, Johnson is truly a fantastic law firm”

I highly recommend the Rabin, Kammerer, Johnson law firm. The entire staff
worked diligently to research my case. Adam and Lauren are fierce litigators. At
the same time, they put me at ease by… Read More

“They have been truly amazing and the results prove it for us”

The level of competency, forthrightness, detail, and of course hand holding as
you go through the process of a lawsuit, is outstanding. They have been truly
amazing and the results prove it for us.… Read More

“I will certainly be returning to this firm for my office's future legal needs”

Lauren and Adam have been outstanding for our office. After an initial call to
discuss the issues and potential arguments, they provided me with a very
realistic expectation of the cost. Lauren not only… Read More

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