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Whistleblower Law

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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Should Blowing the Whistle on Tax Fraud Be Treated Differently?

Posted April 14th, 2017 by in Whistleblower Law.

Tax Day 2017 is fast-approaching, and of course, we are once again reminded that nothing in life is certain, except death and taxes . . . and tax fraud.  The tax fraud problem is so pervasive that the Internal Revenue Service (IRS) publishes an annual “dirty dozen” list of the most pervasive tax scams.  This […]

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