Working for Justice

Whistleblower Law

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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Can Companies Transfer Assets to New Corporations to Avoid Civil Penalties Assessed Under the False Claims Act?

Posted August 28th, 2017 by in Whistleblower Law.

The Fourth Circuit’s decision in United States ex rel. Bunk v. Government Logistics N.V., 642 F.3d 261 (4th Cir. 2016) addressed whether a successor in interest remains liable for its predecessor’s False Claims Act liability. In other words, if a company is liable for penalties under the FCA, can it avoid liability by transferring assets […]

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Dual-Pronged Protections for Record-Keeping Whistleblowers

Posted August 14th, 2017 by in Whistleblower Law.

Because bribery cannot be conducted transparently without leaving a trail of breadcrumbs directly back to the wrongdoing, any scheme by a registered company to bribe foreign officials will almost certainly run afoul of the Foreign Corrupt Practices Act’s (“FCPA”) record-keeping provisions. However, the FCPA’s record-keeping provisions reach well beyond bribery. The FCPA delineates far-reaching rules […]

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Healthcare Workers Are Needed As False Claims Act Whistleblowers to Expose Healthcare Fraud

Posted July 31st, 2017 by in Whistleblower Law.

President Trump made the “repeal and replacement” of the Affordable Care Act a centerpiece of his Presidential Campaign and Presidency. Thus, as Congress has attempted to “repeal and replace” “Obamacare,” the costs associated with health care have become a major focus of national attention.  Such costs, and which party will bear them, are crucial issues […]

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Medicare Advantage Organizations Under Fire for Fraudulent Conduct

Posted May 18th, 2017 by in Whistleblower Law.

Medicare Advantage, or Medicare Part C, is a government-funded healthcare program that contracts with private health insurers in order to provide Medicare benefits to Americans over the age of 65. The program covers about 18 million seniors. The private insurance companies, or Medicare Advantage Organizations, submit bids to CMS offering to insure members at a […]

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GSA Pricing Fraud Basics: What is it and what should you look for?

Posted May 5th, 2017 by in Whistleblower Law.

If you have ever purchased a car, you already know the many headaches associated with price negotiation. You may purchase the car of your dreams only to find out two days later that a friend bought exactly the same car from the same dealer for thousands less. After a bit of internet research, you may […]

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Can A Fired Employee be a Whistleblower in a False Claims Act Case?

Posted April 28th, 2017 by in Whistleblower Law.

The answer to the question is YES.  A fired employee may be a whistleblower and file a Federal and/or State False Claims Act case. By doing so, the employee would play a key role in assisting the government in uncovering fraud and prosecuting companies who commit fraud. The employee may also be able to receive […]

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