‘Qui Tam Whistleblower’ Category
July 6, 2015 July 6, 2015 — The Foreign Corrupt Practices Act (FCPA) is a powerful weapon to stop corporations from attempting to win or retain business abroad by making bribe payments to or bestowing lavish gifts on foreign government officials or their family members. Since the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 instituted a whistleblower program, anyone can collaborate with...
June 29, 2015 June 29, 2015 — Trinity Industries, a Texas based company, manufactures guardrails for installation on roadways across the United States. Pursuant to a contract with the National Highway Traffic Safety Administration (“NHTSA”), Trinity was commissioned to design, manufacture, and install guardrails on interstate networks throughout several states.
Trinity Unilaterally Alters the Contract...
June 26, 2015 June 26, 2015 — It is a crime for investment advisory firms to mislead investors or breach their fiduciary duties by failing to honor their commitment to keep investors apprised of the true value of their investments. To assist in the fight against illegal investment fraud, the U.S. Congress established a whistleblower program as part of the Dodd-Frank Wall Street Reform and Consumer...
June 22, 2015 Hospices provide important end-of-life palliative care and support services to patients and their families. Most hospice patients are covered by Medicare, which covers hospice for beneficiaries with six months or fewer to live. Medicare beneficiaries who elect to receive hospice care agree to forgo curative, life-prolonging treatment, deciding instead to receive comfort care.
Modern...
June 18, 2015 June 18, 2015 — When health care providers bill Medicare or Medicaid for higher levels of service than are medically necessary, it wastes the resources of taxpayer-funded government programs. To put a stop to such abuses, the False Claims Act empowers health care insiders to file a whistleblower lawsuit on the government’s behalf. Under the Act, the United States may choose to intervene in...
June 15, 2015 June 15, 2015 — To commence a qui tam lawsuit, a whistleblower is required to serve a copy of the disclosure statement and file a complaint under seal in court. What does this mean and how does this affect the whistleblower’s decision whether to move forward?
When a whistleblower decides to come forward and file a complaint, there are several important steps to note about a qui tam case...
June 8, 2015 June 8, 2015 — In the 1987 film, Wall Street, which has been said to epitomize the portrayal of 1980’s financial excess, the main character Gordon Gekko says, “Greed, for a lack of a better word, is good. Greed is right. Greed works. Greed clarifies and cuts through the essence of the evolutionary spirit.” Unfortunately, even today, 28 years after this film, 7 years since the financial...
June 4, 2015 Split Decision Clarifies Applicability Of The First-To-File Bar and Wartime Tolling of FCA Statute of Limitations
June 4, 2015 — On May 26, 2015, the United States Supreme Court issued a unanimous ruling in the matter of Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter. The opinion resolves two significant...
June 1, 2015 June 1, 2015 — For several years now, the United States Securities and Exchange Commission (“SEC”) has stated that enforcing the United States Foreign Corrupt Practice Act (“FCPA”) is a high priority. Since the enactment of the Dodd-frank Wall Street Reform and Consumer Protection Act and the creation of the SEC’s Whistleblower Program, private individuals may provide inside...
May 15, 2015 May 15, 2015 — When we discuss cases with individuals who are seeking counsel, they often have witnessed purposeful and illegal billing to a government agency, but often the evidence is unavailable to the individual, or the individual has few documents and proof compared to the documentation in the fraudster’s possession. This article aims to respond to a common question raised by potential...