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Whistleblower Law

Third Parties That Help Others Defraud the Government Are Subject to False Claims Act Liability Too

Posted March 2nd, 2019 by in Whistleblower Law.

If you work for a consultant, vendor, accountant, or other third party that you suspect may be helping another company to defraud the government, you may have a viable whistleblower case. The Department of Justice (“DOJ”) has repeatedly demonstrated its willingness to prosecute third parties that help companies doing business with the government to commit […]

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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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Recent DOJ Settlement of Qui Tam and Antitrust Claims in Bid-Rigging Case Shows That an Additional Remedy Does Not Have to Be an Alternate Remedy

Posted January 9th, 2019 by in Whistleblower Law.

The False Claims Act (“FCA”) incentivizes whistleblowers (“relators”) to provide information to the Government that could lead to a recovery of defrauded taxpayer funds, with a share of that recovery going to the whistleblower. But sometimes a relator’s information can lead the Government to pursue claims only on its own behalf, for which there is […]

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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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11th Circuit Applies FCA’s Statute of Limitations Tolling Provision to Non-Intervened Cases

Posted June 22nd, 2018 by in Whistleblower Law.

If you are aware of a False Claims Act violation that occurred more than six years ago and are concerned that it may be too late to file a claim, you should give us a call. Whistleblowers generally have no more than six years to preserve their right to pursue a False Claims Act case […]

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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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