Oglethorpe, Inc. Whistleblower Settlement

Robbins LLP and Client Assist with $32 Million False Claims Act Settlement Resolving Medicare Overpayment Allegations Against Psychiatric Hospital Operator

Robbins LLP represented a relator in a qui tam False Claims Act case brought on behalf of the United States against Oglethorpe, Inc., a Tampa‑based operator of psychiatric hospitals, and its founder and principal owner, Robert Cohen, along with Chief Executive Officer John Picciano and Chief Operating Officer James O’Shea. The matter has been resolved through a $32 million settlement with the United States Department of Justice.

The defendants have agreed to pay $32 million to resolve allegations that they violated the False Claims Act by knowingly failing to return overpayments received from the Medicare program for the admission of beneficiaries to three of Oglethorpe’s Ohio facilities. 

Outcomes like this one are not possible without the integrity, courage, and persistence of relators who come forward to raise concerns about potential misconduct and cooperate with the government’s investigation.  Robbins LLP is proud to have assisted in this matter.  

The False Claims Act permits private individuals—known as relators or whistleblowers—to file lawsuits on behalf of the United States when they believe federal funds have been improperly obtained or retained. Importantly, the False Claims Act also recognizes the significant risks whistleblowers often take by coming forward. When an FCA case results in a recovery for the government, the statute provides that relators may be entitled to receive a share of the proceeds.  

United States ex rel. Whitney Treloar, et al. v. Oglethorpe, Inc., et. al., No. 22-cv-00238 (M.D. Fla.).