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recover attorney’s fees and a share of the Government’s recovery
if the claim is successful. 31 U.S.C. sec. 3730(d)(1) and (2).
C. Petitioner’s Lawsuit Against NYUMC
Petitioner was fired by NYUMC in 1992 after he told his
superiors that he believed NYUMC had substantially overcharged
the United States. In 1993, petitioner, acting as the relator,
filed a qui tam action against NYUMC in the U.S. District Court
for the Southern District of New York. In that case, petitioner
alleged that, from 1984 to 1993, NYUMC submitted false
information and overcharged the United States for costs
associated with federally sponsored research grants and Medicaid,
Medicare, and Blue Cross/Blue Shield reimbursements. Petitioner
researched the law concerning qui tam actions, drafted the
complaint, and appeared pro se in the qui tam proceeding.
The U.S. Attorney for the Southern District of New York
intervened in the case. The case was settled in April 1997.
Under the settlement, NYUMC agreed to pay the United States
$15,500,000, and the United States paid petitioner $1,568,087 on
May 13, 1997. Petitioner, NYUMC, and the United States
stipulated:
The United States agrees to pay the Relator pursuant to
31 U.S.C. section 3730(d)(1), $1,568,087 within a
reasonable time following receipt of the full
settlement amount from defendant as described in
paragraph 2. * * * This Stipulation does not in any
manner affect any Claims the United States has or may
have against the Relator arising under title 26 of the
United States Code (“Internal Revenue Code”) and the
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