Working for Justice

Tag: False Claims Act

Facebook v. Duguid and the Textualism Gap

Posted April 5th, 2021 by in Commentary.

As Justice Kagan has famously declared: “We are all textualists now.” But textualism, while purporting to be the ultimate in objectivity and impartiality, is actually anything but evenhanded. In the hands of its fiercest proponents—namely those on the conservative side of the judicial spectrum—it means different things in different cases and for different people and […]

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D.C. Council Moves to Strengthen the District’s False Claims Act

Posted December 4th, 2020 by in Whistleblower Law.

On December 1, 2020, the Council of the District of Columbia passed the False Claims Amendment Act of 2020, B23-0035 (the “Amendment”).[1] The Amendment extends the reach of D.C.’s existing False Claims Act to also cover tax fraud—a type of fraud that was previously excluded. This change means that whistleblowers will become able bring a […]

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How the False Claims Act May Be Used to Pursue Fraud in the Sale of Technology to Schools

Posted December 2nd, 2020 by in Whistleblower Law.

A recent False Claims Act settlement against a charter school demonstrates that schools and tech companies may violate the law if they engage in bid rigging and kickbacks during the procurement process. Concept Schools, NFP, a charter school company based in Illinois, agreed to pay $4.5 million to settle claims by the Government that Concept […]

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Whistleblowers are Key in Protecting Businesses From COVID-19 Scammers

Posted May 1st, 2020 by in Whistleblower Law.

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 […]

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Whistleblowers Help Both the Federal and State Governments Combat Fraud

Posted July 19th, 2019 by in Whistleblower Law.

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 […]

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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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The False Claims Act Protects Whistleblowers from Retaliation

Posted May 6th, 2019 by in Retaliation Law.

The qui tam provision of the False Claims Act allows private whistleblowers, known as relators, to file suit on behalf of the United States for fraud perpetrated against the federal government. There is certainly an upside to being a whistleblower because, under the False Claims Act, the whistleblower receives a percentage of any recovery that […]

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When Mortgage Lenders Act Recklessly, the Government and Whistleblower Lawyers Use the False Claims Act to Recover Funds

Posted July 25th, 2018 by in Whistleblower Law.

By now we all know the general story of the 2008 financial crisis. Large banks made reckless subprime mortgage loans to people buying homes. These loans were resold to different institutions in various forms until the market eventually crashed when borrowers were no longer able to make their payments. One reason many banks were willing […]

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Common Schemes by Medical Device Manufacturers that Lead to False Claims Act Liability

Posted July 9th, 2018 by in Whistleblower Law.

Medical devices are a crucial component to health care treatment and advancements. With an increasingly competitive market, medical device manufacturers and sales personnel are under pressure to maximize their sales and outpace competitors. To accomplish these objectives, device manufacturers may engage in sales practices that violate the False Claims Act (FCA)—a federal statute that allows […]

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Uncle Sam Needs You to Be a Whistleblower: A Simple Primer on the Federal and State False Claims Acts

Posted July 2nd, 2018 by in Whistleblower Law.

What is a Whistleblower? A Whistleblower is a person who informs the federal and/or state government about illegal and fraudulent behavior that causes the government to pay money to an individual or business that is not entitled to receive those government funds. For assisting the government in uncovering fraud, the Whistleblower receives between 15% to […]

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Customs Fraud, Anti-Dumping Laws, and False Claims Act Liability

Posted June 12th, 2018 by in Whistleblower Law.

The Customs and Border Protection (“CBP”) administers customs laws and collects antidumping duties to prevent foreign companies from saturating U.S. markets with below-cost products. These laws require importers to carefully classify and disclose the goods imported to the United States. Because most disclosures are only subject to the “honor-system” importers may mislabel or misrepresent the […]

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What Legal Protections Do Employees Have Against Retaliation?

Posted June 12th, 2018 by in Whistleblower Law.

Retaliation is generally understood as punishment for taking an action or making a statement. Employees often are aware that they have some protections against retaliation by their employers, but are not clear on what protections the law provides. The short answer is that the law generally protects employees from retaliation only for conduct or activities […]

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Submitting False Claims to Medicare: Anesthesia Services

Posted June 11th, 2018 by in Whistleblower Law.

It’s no secret that Medicare fraud wastes tons of taxpayer money and inflates everyone’s healthcare bills. However, many may not realize that providers may comply with the expected medical standard of care yet still commit Medicare fraud by overbilling for those services. One of a myriad of examples where providers overbill Medicare for services—even those […]

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9th Circuit’s Office Depot Decision Shows CFCA Does Not Require Proof of Intent to Defraud

Posted June 5th, 2018 by in Whistleblower Law.

The old adage that “the penny matchmaker is a millionaire today” applies to the False Claims Act case I filed on behalf of David Sherwin against Office Depot in 2009.  Mr. Sherwin was an Office Depot Account Representative who was responsible for responding to the needs of Office Depot’s municipal, county, and state government clients around the […]

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Statistical evidence is solid proof of fraud!

Posted June 1st, 2018 by in Whistleblower Law.

In United States ex rel. Martin v. Life Care Ctrs. of Am., Inc., 2014 U.S. Dist. LEXIS 142660 (E.D. Tenn. Sept. 29, 2014)., a federal district court agreed with the United States Government that statistical evidence could be used to prove the nature and extent of the harm in False Claims Act matter. It seems […]

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