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Tag: False Claims Act

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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What Happens When a Company Continues to Violate the Same Laws Even After it is Caught?

Posted November 14th, 2017 by in Whistleblower Law.

When a company is investigated and prosecuted for fraud, the Government typically requires the company to enter into a Corporate Integrity Agreement. This Agreement obligates the company to take steps to ensure that it complies with the law in the future and regularly reports the status of its compliance to the Government. If the company […]

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Can I Bring Qui Tam Claims in Court Even Though my Employment Contract Contained a Binding Arbitration Clause? The Ninth Circuit Says “Yes.”

Posted November 7th, 2017 by in Whistleblower Law.

When a private party brings an action under the False Claims Act, he or she sues not “only for himself but the king” in what is known as a qui tam law suit. The private plaintiff is called the relator. United States ex rel. Eisenstein v. City of New York, 556 U.S. 928, 932 (2009). […]

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The Importance of Whistleblowing in a Post-9/11 America

Posted September 12th, 2017 by in Whistleblower Law.

For the past 16 years, America has paused each September to reflect on the tragic morning of September 11, 2001. And while we remember the lives lost and are forced to face our worst fears and vulnerabilities, we are also reminded of the many heroes – those who prevented a more horrific attack that day, […]

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How Healthcare Companies Use Kickbacks to Influence Medical Decisions

Posted August 29th, 2017 by in Whistleblower Law.

We all have a general idea of what a kickback, or a bribe, looks like. We may imagine a bag of cash discretely changing hands. Or a corrupt politician freezing money in boxes of frozen pie crusts. But kickbacks may not always appear so seedy. Many healthcare and pharmaceutical companies have been found liable for […]

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Can Companies Transfer Assets to New Corporations to Avoid Civil Penalties Assessed Under the False Claims Act?

Posted August 28th, 2017 by in Whistleblower Law.

The Fourth Circuit’s decision in United States ex rel. Bunk v. Government Logistics N.V., 642 F.3d 261 (4th Cir. 2016) addressed whether a successor in interest remains liable for its predecessor’s False Claims Act liability. In other words, if a company is liable for penalties under the FCA, can it avoid liability by transferring assets […]

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Healthcare Workers Are Needed As False Claims Act Whistleblowers to Expose Healthcare Fraud

Posted July 31st, 2017 by in Whistleblower Law.

President Trump made the “repeal and replacement” of the Affordable Care Act a centerpiece of his Presidential Campaign and Presidency. Thus, as Congress has attempted to “repeal and replace” “Obamacare,” the costs associated with health care have become a major focus of national attention.  Such costs, and which party will bear them, are crucial issues […]

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Medicare Advantage Organizations Under Fire for Fraudulent Conduct

Posted May 18th, 2017 by in Whistleblower Law.

Medicare Advantage, or Medicare Part C, is a government-funded healthcare program that contracts with private health insurers in order to provide Medicare benefits to Americans over the age of 65. The program covers about 18 million seniors. The private insurance companies, or Medicare Advantage Organizations, submit bids to CMS offering to insure members at a […]

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