Working for Justice

Whistleblower Law

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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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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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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Customs Fraud: What Whistleblowers Need to Know

Posted July 11th, 2018 by in Whistleblower Law.

The False Claims Act is one of the government’s most powerful tools to fight fraud. Under the Act a whistleblower, called a “relator,” can provide the government with information about the ways in which it is being defrauded. If the government subsequently recovers money as a result of the relator’s tip, the relator receives a […]

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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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Strong Whistleblower Protections for CA State Employees Encourage Reporting of Government Waste, Incompetency, and Inefficiency

Posted June 19th, 2018 by in Whistleblower Law.

If you are one of the nearly quarter-million people employed by the State of California, you should feel safe reporting any improper or illegal activity that you see around you. These protections are found in a law called the California Whistleblower Protection Act (CWPA), and they apply to anyone working for the state government or […]

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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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