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Whistleblower Law

The CFTC Whistleblower Program: Rewarding Integrity in the Commodities and Derivatives Markets

Posted January 9th, 2018 by in Whistleblower Law.

The U.S. Commodity Futures Trading Commission (CFTC) has established a program to reward whistleblowers that report violations of the Commodities Exchange Act (CEA). The CFTC whistleblower program was created by the Dodd-Frank Act and became effective in October 2011. Under the CFTC’s burgeoning whistleblower program, whistleblowers have been rewarded with individual pay-outs as large as […]

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DOJ Has Released Its FY2017 “Fraud Statistics”: What the numbers tell us (and a few things they don’t reveal)

Posted January 5th, 2018 by in Whistleblower Law.

About two weeks ago, the U.S. Department of Justice issued a press release announcing more than $3.7 billion in settlements and judgments during fiscal year 2017[1] from civil cases brought under the False Claims Act – a federal law that rewards whistleblowers (called “relators”) who recover stolen taxpayer dollars from fraudsters.  The government’s press release […]

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Whistleblowing Under Dodd-Frank and the Foreign Corrupt Practices Act

Posted December 8th, 2017 by in Whistleblower Law.

Foreign nationals often play a critical role in providing information necessary to successful enforcement actions. This role is particularly important as the United States seeks to crack down on the American corporations engaging in bribery and corruption while doing business abroad. One of the primary tools the United States Government uses to fight corruption is […]

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Are You A Construction Worker On A Federal Project Who Was Not Paid Davis Bacon Wages? That May Be a Violation of the Federal False Claims Act

Posted December 4th, 2017 by in Whistleblower Law.

The Davis-Bacon Act, 40 U.S.C. §§ 3141-3148, requires that contractors and subcontractors on federal construction projects pay their employees the prevailing wage rate for their job classification as determined by the U.S. Secretary of Labor. The Davis-Bacon Act is a protective labor law that requires certain federal government contracts “for construction, alteration, and/or repair of […]

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Severance Agreements and Waiving Your Rights to Bring Suit Under the False Claims Act

Posted November 27th, 2017 by in Whistleblower Law.

When presenting an employee with a severance agreement, employers typically insist on very broad releases, waiving any claims the employee may bring against the company. Many employers interpret this broad release language to include whistleblower lawsuits under the False Claims Act. Some severance agreements will even explicitly bar an employee from recovering financially from a […]

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What Happens When a Company Continues to Violate the Same Laws Even After it is Caught?

Posted November 14th, 2017 by in Whistleblower Law.

When a company is investigated and prosecuted for fraud, the Government typically requires the company to enter into a Corporate Integrity Agreement. This Agreement obligates the company to take steps to ensure that it complies with the law in the future and regularly reports the status of its compliance to the Government. If the company […]

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Can I Bring Qui Tam Claims in Court Even Though my Employment Contract Contained a Binding Arbitration Clause? The Ninth Circuit Says “Yes.”

Posted November 7th, 2017 by in Whistleblower Law.

When a private party brings an action under the False Claims Act, he or she sues not “only for himself but the king” in what is known as a qui tam law suit. The private plaintiff is called the relator. United States ex rel. Eisenstein v. City of New York, 556 U.S. 928, 932 (2009). […]

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Private Insurance Whistleblower Law: The California Insurance Frauds Prevention Act

Posted October 2nd, 2017 by in Whistleblower Law.

Most, if not all, states have insurance fraud prevention statutes designed to punish those who defraud private insurers. California, however, has enacted a law that takes insurance fraud prevention a step further. The California Insurance Frauds Prevention Act (“IFPA”) contains qui tam provisions that allow individuals or entities, known as relators: i) to blow the […]

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The Importance of Whistleblowing in a Post-9/11 America

Posted September 12th, 2017 by in Whistleblower Law.

For the past 16 years, America has paused each September to reflect on the tragic morning of September 11, 2001. And while we remember the lives lost and are forced to face our worst fears and vulnerabilities, we are also reminded of the many heroes – those who prevented a more horrific attack that day, […]

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How Healthcare Companies Use Kickbacks to Influence Medical Decisions

Posted August 29th, 2017 by in Whistleblower Law.

We all have a general idea of what a kickback, or a bribe, looks like. We may imagine a bag of cash discretely changing hands. Or a corrupt politician freezing money in boxes of frozen pie crusts. But kickbacks may not always appear so seedy. Many healthcare and pharmaceutical companies have been found liable for […]

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