department of justice simply doesn't have the people. >> reporter: pat burns says the short-staffed u.snt of justice declines to join lawsuits all the time. instead, allowing private citizens who hire private lawyers, to essentially prosecute for the government. which brings us back to one doctor and one nurse who stand to make millions if those allegations of fraud are proven true. the biggest winners, though, in their lawsuit would be taxpayers. the u.s. government will recover the bulk of whatever they win. they and others like them, are essentially the u.s. taxpayers' deputies in the fight against health care fraud. are you surprised that you guys have to defend the u.s. taxpayer? not the u.s. government knocking on this door? >> i'm not surprised. it is not easy to come up, come forward and stand up and tell the truth. but it's the right thing to do. >> reporter: their case, set for trial later this year. >> drew griffin joins us now is there a chance davita just settles this case like the one they settled in texas and put all these allegations behind them, continue to do business

pat burns says the bigger problem is even if a company gets caught cheating the government the executivesace punishment. fines are paid, business continues as usual. if the fraud is not caught, then taxpayers foot the bill. if the fraud is caught, stockholders foot the bill. >> they are voting for harsher treatment. he points to record billion fines that are paid but executives don't get punished and the companies continue to do business with the government. one of the company's defenses to cnn is that the company has continued to charge the good. the government has come in and investigated what the allegations are and in both cases the government decided to drop it and move on. the decision should not be miss construed about the merits of the case. the u.s. department of justice doesn't have the people. the u.s. department of justice declines all the time. which brings us back to one doctor and one nurse who stand to make millions if the allegations of fraud prove true. the u.s. government will recover the bulk of whatever they win. they and others like them are the deputies in the fight

. >> reporter: pat burns says the department of justice declines to get involved all the time, and people are forced to hire their own lawyers. which brings us back to one doctor and one nurse who stand to make millions if the allegations of fraud prove true. the u.s. government will recover the bulk of whatever they win. they and others like them are essentially the u.s. tax payers deputies in the fight against health care fraud. are you surprised that you guys have to defend the u.s. taxpayer and not the u.s. government knocking on this door? >> i'm not surprised. it's not easy to come forward and stand up and tell the truth but it is the right thing to do. >> reporter: their case set forever trial later this year. >> drew s there a chance that davita just settles this case and puts all the allegations behind them and continues to do business with the government? >> you know, the attorney for the company said they couldn't rule that out, but insists this time the company is going to fight the allegations. that is the bread and butter for the $7 billion business. so davita needs the gove

burned in bonfire acccdent. accidenn.janice pprk is live &pat johns hopkins bayview....where the nick hamel has now turned the -ptra positive. janiie? janice?nick hamel is now 22...and what many would describe as a horrific accident...really has changed his ife for the better.he now comes back here regularily...to taal tt severe burn victims to show them that remarkable recoverres are possible. holloweee 2010...is when nick hamells life ttok a turnnfor theeworse.his body, burned ove60 percent hen a friend threw nitrious oxide onto a fire.but two years later...hamel now speaks to pther burn urviviors at johns hopkins bayview....o shhre reccvery.instead offwhattthe doccors said would be 9 months...he left the hoopital afttr 42 days: "ii you pu yourself to the limits, or as far plus a little more anyone can be a surivivor you just need the will aad mindset to do itt lookkng into working fire protection company...tt help prevent burn deaths.live at johns hopkins bayview tonight, jp fox45 news late edition. 3 ...seems each new day reveals new ddmage frrm super storm san. sandy....ook a that pile of boats.this is on long

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pat toomey that was a way forward. and it had the support of more than 50% of the senate. >> and it crashed and burned. >> it never got to the floor. so, yes, there are workable models. the hedge is going to be, if we can have revenue with tax reform that doesn't kill growth. >> so, ryan? >> i wasn't shaking my head in disagreement -- i was saying, what boehner said, that's not that bad, as a starting negotiating position, right? your first statement out of the gate isn't going to be, you know, where you end up. everyone starts the process by laying out their demands. and nothing he said would be shocking to the white house. i mean, i think he's -- there's a bit of an olive branch there. and if you read any of the accounts of the agreements how obama and boehner in 2011, that is exactly the crux of a deal. >> maybe there's a little hope to talk about this morning, as opposed to doom and gloom, which christine was spreading for us yesterday. >> i'm the doom and gloom kind of person. >> let's take a commercial break. the good news is we have a whole 90 minutes to continue to talk about the fiscal cliff -- well, just for

. >> pat on presidential campaign there is criticism at first, we're spend sog much money, burning cash ads early. and it looks like tonight that that worked. >> yes. >> the organizational efforts worked. and i said republicans feeded to defeat barack obama by june of this year. in return president obama knew they had to do was this demonize governor romney in swing states. look how close states are. in that, the ground game is real. the fact they kept north carolina this close, florida, whatever, they did an outstanding job. >> what -- we talked about another piece of your prediction a year ago. ended up showing to win he's going to have to run the most negative campaign. he had a campaign z confesses it was negative on both sides. but the president's team had statements calling everything from calling mitt romney to a felon to a possible liar and responsible for a woman's death with cancer. is this our future? is that both guys are going to fight bare knuckles? >> the problem is that the great majority of the country wants something bigger. this negative attacks, romney should ask the