Working for Justice

Whistleblower Law

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

“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 […]

Read More

The Supreme Court Clarifies the Definition of Whistleblower Under Dodd Frank: What You Need to Know

Posted March 2nd, 2018 by in Whistleblower Law.

Last week, the Supreme Court, by a 9-0 vote, issued an important ruling on the protections that the Dodd Frank Wall Street Reform Act offers to whistleblowers. The case, Digital Realty Trust Inc. v. Somers, determined that Dodd Frank protects from retaliation only those whistleblowers who complain about corporate fraud to the Securities Exchange Commission. […]

Read More

Categories

Tags

Archives

Back to Top