Whistleblower Law

Steps to File a Whistleblower Claim

Whistleblowers are critical in a False Claims Act case. Not only are they key witnesses to an act of wrongdoing against the government, but they can help stop actions that may endanger the public welfare. If a whistleblower claim is done properly, it can also lead to a substantial financial award. It’s important that you take the right steps in filing a…

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Common Types of Qui Tam Cases

Qui tam cases are brought by whistleblowers against companies who have committed fraudulent acts against the U.S. government in order to receive economic gain. Fraud against the Government comes in many forms, but some of the most prevalent types of qui tam cases are: Kickback CasesMany qui tam cases target kickbacks paid to induce Government healthcare services, such as Medicare and Medicaid, or other Government…

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Whistleblowers are Key in Protecting Businesses From COVID-19 Scammers

Federal regulators, including the Office of the Comptroller of the Currency and the DOJ, have issued alerts. They fully expect that fraudsters and scam artists will try to dip into the $2 trillion Coronavirus relief package that Congress just passed. Neil Barofsky, who served as Inspector General when the Bush Administration passed the much smaller TARP relief bill in 2008,…

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Compliance Officers May Receive Awards for Submitting Whistleblower Complaints to the SEC or CFTC

The SEC recently made a notable decision to provide an award to a whistleblower who had compliance-related responsibilities at the company where the whistleblower worked. The award of $450,000 was the SEC’s third whistleblower award to an individual who had compliance or internal audit responsibilities, according to the SEC’s press release. The SEC and CFTC whistleblower programs, which were established by…

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Whistleblowers Help Both the Federal and State Governments Combat Fraud

The Federal False Claims Act (“FCA”), 31 U.S.C. §§ 3729 et seq., is probably the best-known whistleblower statute, allowing private plaintiffs to bring suit on behalf of the Government in a qui tam suit. The federal Government also provides other, less well-known avenues for whistleblowers to shed light on corporate wrongdoing in return for a portion of the Government’s recovery if the case…

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Promises and Protections of Whistleblower Actions

It has never been better to be a whistleblower. First, agencies within the United States are prioritizing tips from whistleblowers to determine their enforcement actions. Second, under certain whistleblower statutes, a whistleblower is entitled to up to 30% of the proceeds from those enforcement actions. And third, there are strong protections in place to protect whistleblowers from retaliation by their…

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The Underutilized False Claims Act and Other Whistleblower Statutes

The False Claims Act (“FCA”), 31 U.S.C. §§ 3729 et seq., is the Government’s primary tool to recover losses due to fraud and abuse by those seeking payment from the United States.  See S. Rep. No. 345, 99 Cong., 2nd Sess. at 2 (1986) reprinted in 1986 U.S.C.C.A.N 5266. The FCA is a whistleblower statute, meaning that any person, whether a citizen of…

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HHS Proposes Rule That Subjects Rebate System to Anti-Kickback Liability

The Department of Health and Human Services (HHS) announced a proposal to amend the Anti-Kickback Statute to expressly exclude from safe harbor protections rebates on prescription drugs paid by manufacturers to pharmacy benefit managers (PBMs), Part D plans, and Medicaid-managed care organizations.[1]  This proposal, if finalized, will alter the incentive structure for PBMs, benefiting consumers in the form of lower prescription prices…

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