Working for Justice

Whistleblower Law

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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If You Blow the Whistle on Securities or Accounting Fraud, the SEC Has Just Made It More Likely that You Will Receive the Statutory Maximum Award

Posted November 24th, 2020 by in Whistleblower Law.

The Securities and Exchange Commission (“SEC”) recently voted to accept long-anticipated revisions to the rules governing its whistleblower program. While not all of the changes present a boon to whistleblowers, one modification clearly does—because under revised Rule 21-F6, there is now a presumption that, for many awards, the SEC will pay a whistleblower the statutory […]

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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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Compliance Officers May Receive Awards for Submitting Whistleblower Complaints to the SEC or CFTC

Posted April 20th, 2020 by in Retaliation Law, Whistleblower Law.

The SEC recently made a notable decision to provide an award to a whistleblower who had compliance-related responsibilities at the company where the whistleblower worked. The award of $450,000 was the SEC’s third whistleblower award to an individual who had compliance or internal audit responsibilities, according to the SEC’s press release. The SEC and CFTC […]

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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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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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