CORRECTED: Whistleblowers Want Medco's Counsel-Advice Defense Blocked

Law360, New York (February 25, 2013, 5:58 PM EST) -- Two whistleblowers accusing Medco Health Solutions Inc. subsidiaries of hiding $69 million in Medicare and Medicaid overpayments urged a Florida federal court Friday to block the companies from countering allegations they intentionally filed false claims by arguing that they relied on their lawyers’ advice.

In a motion for sanctions filed Friday, relators Lucas Matheny and Deborah Loveland argued that Medco didn’t raise the argument that the advice of their counsel exempted them from False Claims Act liability — or produce any evidence supporting that argument —...
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