Benjamin P. Bucy

Benjamin P. Bucy has significant experience in complex litigation and has focused his practice on representing whistleblowers in qui tam cases under federal and state False Claims Acts. Ben has been involved in all phases of False Claims Act (FCA) cases, including case development, drafting FCA complaints, assisting the Government in sealed FCA investigations, litigating FCA cases and has secured millions of dollars in False Claims Act settlements. Most of Ben’s FCA experience has involved health care fraud cases, including hospice fraud, home health fraud, medical device fraud, pharmaceutical fraud, and skilled nursing facility fraud. Further, Ben has brought and litigated cases under the Anti-Kickback Statute, Stark Law and civil RICO Act. Drawing on this practical experience, Ben is an author of the seminal Health Care Fraud Treatise: Health Care Fraud and Enforcement and Compliance. Further, Ben has also represented clients in FCA cases involving evasion of Antidumping and Countervailing Duties, defense contractor fraud and financial fraud.

In addition to his FCA practice, Ben is experienced in commercial litigation, contract disputes, and import law, including representing domestic importers in Antidumping Duty Scope Determinations before the United States Department of Commerce. Ben has also advised health care companies regarding the implications of the Anti-Kickback Statute and False Claims Act.

• Obtained a multi‑million‑dollar settlement in a False Claims Act matter involving allegations of fraudulent billing under the Medicare Hospice Benefit.
• Resolved a nationwide False Claims Act investigation alleging a Skilled Nursing Facility operator submitted claims to Medicare for therapy services that were never provided.
• Litigated and secured a settlement in a False Claims Act case asserting Stark Law and Anti‑Kickback Statute violations by a national diagnostic imaging company.
• Achieved a favorable settlement in a False Claims Act case involving allegations of unlawful retaliation by a national hospice organization.
• Successfully represented a physician in resolving False Claims Act retaliation claims brought against a national hospital administration company.
• Negotiated a settlement of False Claims Act retaliation allegations asserted against a regional therapy provider.
• Secured a multi-million dollar settlement in a False Claims Act case involving allegations of fraud by a national hospice and home health provider.
• Reached a substantial settlement in a hospice fraud matter brought under the False Claims Act.
• Negotiated a favorable resolution in a case alleging medically unnecessary ambulance transports under the False Claims Act.
• Obtained a multi-million dollar settlement in a False Claims Act action concerning Anti-Kickback Statute violations by a hospice company.

Publications

• "Health Care Fraud: Enforcement and Compliance," Law Journal Press Health Care Fraud Treatise (with James F. Barger, Jr., J. Elliott Walthall, and Laurence D. LeSueur, Jr.)
• "Trade Fraud: The Wild, New Frontier of White Collar Crime," 19 Or. Rev. of Int’l Law 1 (2018) (with Pamela B. Pierson)

Media

Appeared on a nationally broadcast NPR radio show addressing tariff fraud: “A Mysterious Pencil Factory Sharpens Focus On Tariff Scams.”  Available:  https://www.npr.org/transcripts/763537209

Presentations

• “False Claims Act Today – Eastern, Middle, and Western Districts of Louisiana," Federal Bar Association's Qui Tam Section (September 18, 2024)

• Frohsin Barger & Walthall, St. Simons Island, GA