Working for Justice

Whistleblower Law

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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What Legal Protections Do Employees Have Against Retaliation?

Posted June 12th, 2018 by in Whistleblower Law.

Retaliation is generally understood as punishment for taking an action or making a statement. Employees often are aware that they have some protections against retaliation by their employers, but are not clear on what protections the law provides. The short answer is that the law generally protects employees from retaliation only for conduct or activities […]

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Submitting False Claims to Medicare: Anesthesia Services

Posted June 11th, 2018 by in Whistleblower Law.

It’s no secret that Medicare fraud wastes tons of taxpayer money and inflates everyone’s healthcare bills. However, many may not realize that providers may comply with the expected medical standard of care yet still commit Medicare fraud by overbilling for those services. One of a myriad of examples where providers overbill Medicare for services—even those […]

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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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