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Tag: False Claims Act

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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Confidentiality Agreements as the Basis for False Claims Act Suits

Posted May 8th, 2018 by in Whistleblower Law.

Corporations have long used confidentiality agreements as a cudgel to prevent employees from disclosing information about fraud and abuse to the Government. While each confidentiality agreement must be viewed in light of its individual circumstances, potential whistleblowers may be surprised to learn that the Federal Acquisition Regulation (FAR) 52.203-18 actually prohibits the use of government […]

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Will the Supreme Court Hear Its Second False Claims Act Case in Three Years?

Posted April 24th, 2018 by in Whistleblower Law.

The False Claims Act establishes liability against persons who submit false claims for payment to the Government. It allows individuals who know about such fraud against the Government to file a lawsuit on behalf of the Government and to share in the proceeds of a recovery. So how does a person know if a claim […]

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Everything You Need to Know About the Motor Vehicle Safety Whistleblower Act

Posted April 10th, 2018 by in Whistleblower Law.

While whistleblowers already have several means to report fraud to the federal government—including the False Claims Act, the IRS whistleblower program, and the SEC and CFTC whistleblower programs—there is a new, bipartisan, fraud-fighting law on the books that rewards whistleblowers for valuable information in the auto industry. Since late 2015, the Motor Vehicle Safety Whistleblower […]

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Righting the Wrong of Corruption: How the False Claims Act Provides for Recovery of the Full Value of Corruptly Procured Contracts

Posted March 26th, 2018 by in Whistleblower Law.

Under the False Claims Act (FCA), the Government is entitled to recover money paid to private parties as a result of fraudulent conduct. Specifically, the Government is entitled to recover up to three times the primary damages it suffered as a result of the fraud, in addition to statutorily-fixed penalties for each false claim for […]

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“The More the Merrier”: When Multiple Whistleblowers Jointly File a False Claims Act Case It Often Creates a Stronger Case

Posted March 19th, 2018 by in Whistleblower Law.

The federal False Claims Act — as well as state False Claims Acts — rewards the people who provide information about companies and individuals who cause federal and/or state government entities to pay these parties more than they’re entitled to receive. These statutes also permit whistleblowers to jointly bring False Claims Act lawsuits and then […]

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DOJ Has Released Its FY2017 “Fraud Statistics”: What the numbers tell us (and a few things they don’t reveal)

Posted January 5th, 2018 by in Whistleblower Law.

About two weeks ago, the U.S. Department of Justice issued a press release announcing more than $3.7 billion in settlements and judgments during fiscal year 2017[1] from civil cases brought under the False Claims Act – a federal law that rewards whistleblowers (called “relators”) who recover stolen taxpayer dollars from fraudsters.  The government’s press release […]

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Are You A Construction Worker On A Federal Project Who Was Not Paid Davis Bacon Wages? That May Be a Violation of the Federal False Claims Act

Posted December 4th, 2017 by in Whistleblower Law.

The Davis-Bacon Act, 40 U.S.C. §§ 3141-3148, requires that contractors and subcontractors on federal construction projects pay their employees the prevailing wage rate for their job classification as determined by the U.S. Secretary of Labor. The Davis-Bacon Act is a protective labor law that requires certain federal government contracts “for construction, alteration, and/or repair of […]

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Severance Agreements and Waiving Your Rights to Bring Suit Under the False Claims Act

Posted November 27th, 2017 by in Whistleblower Law.

When presenting an employee with a severance agreement, employers typically insist on very broad releases, waiving any claims the employee may bring against the company. Many employers interpret this broad release language to include whistleblower lawsuits under the False Claims Act. Some severance agreements will even explicitly bar an employee from recovering financially from a […]

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