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MATZ AND JURISDICTION
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Planned Parenthood Whistleblower Appeals Ruling Dismissing Fraud Lawsuit
by Steven Ertelt
LifeNews.com Editor
January 15, 2009
Sacramento, CA (LifeNews.com) -- A former vice president of a Planned Parenthood abortion business affiliate in California has filed an appeal of a judge's ruling dismissing his lawsuit. P. Victor Gonzalez says the abortion business fired him because he raised concerns about illegal practices of overcharging the state.
The former Planned Parenthood official filed a lawsuit in March 2008 against affiliates in California saying they overcharged the state hundreds of millions of dollars on birth control.
Gonzalez says his own internal audit estimates that Planned Parenthood overcharged California taxpayers for purchasing birth control by at least $180 million.
He was the vice president of finance and administration for Planned Parenthood of Los Angles and, according to a Los Angeles Times report, the overbilling began in the late 1990s.
While other public health facilities and private facilities charged the state between $8 and $9 for a cycle of birth control pills, Planned Parenthood charged almost $12. The Planned Parenthood charge to the California government was several times more than it paid for the drugs originally.
Gonzalez alleges that other California-based Planned Parenthood affiliates and Planned Parenthood Affiliates of California knowingly engaged in a scheme to defraud state and federal taxpayers by deliberately over-billing the Medi-Cal program.
According to the California Catholic Daily newspaper, attorneys for Gonzales filed papers on January 5 with the Ninth U.S. Circuit Court of Appeals. They are appealing a decision by Judge A. Howard Matz dismissing Gonzalez's suit.
Matz's decision came in October and he ruled that Gonzalez did not qualify as a whistleblower under federal law because he was not the "original source" of the data exposing the fraud. As a result, he said his court lacked jurisdiction in the suit.
MORE ON MATZ HERE
Suspicion that viewpoint discrimination is afoot is at its zenith when the speech restricted is speech critical of the government," Ridley v. Mass. Bay Transp. Auth., 390 F.3d 65, 86 (1st Cir. 2004)
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