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The Risk of Fraud as the Nation Responds to Coronavirus

Posted March 25th, 2020 by in Whistleblower Law.

The Department of Justice recently brought its first fraud case stemming from the coronavirus pandemic. The Assistant Attorney General Jody Hunt of the Justice Department’s Civil Division stated that “The Department of Justice will not tolerate criminal exploitation of this national emergency for personal gain” and that “We will use every resource at the government’s […]

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S.E.C. Regulates Initial Coin Offerings

“Crypto crime”—that is, crime involving cryptocurrencies and other digital assets, including fraud and hacking—has cost investors approximately $4.3 billion in 2019 alone.[1] That number may rise as cryptocurrencies become more popular and accessible to the public. If cryptocurrencies and other digital assets are unregulated, companies and individuals can continue to prey on unsuspecting investors and […]

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Promises and Protections of Whistleblower Actions

Posted July 10th, 2019 by in Whistleblower Law.

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 up to 30% of the proceeds from those enforcement actions. And third, there are strong protections in place to protect whistleblowers […]

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The Underutilized False Claims Act and Other Whistleblower Statutes

Posted June 27th, 2019 by in Whistleblower Law.

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, […]

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

Posted February 19th, 2019 by in Whistleblower Law.

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 […]

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