Legal Insights & Articles

False Claims Act Liability and Fraudulent Applications for Federally Guaranteed Loans

Is there False Claims Act liability regarding fraudulent applications for federally guaranteed loans where: there are no defaults on those loans after the government guarantees them; the government is not required to expend any funds in support of those guarantees; or the government is otherwise not financially harmed? The question arises, for example, when mortgage [...]

By | 2018-04-18T16:55:45+00:00 April 18th, 2018|Loan Fraud|

3 Types of Qui Tam Off-Label Marketing Cases

1. Off-Label Marketing vs. Off-Label Prescribing The Food and Drug Administration ("FDA") requires that drugs be proven to be safe and effective for a particular use before they can be marketed.  The FDA's approval is always limited to use or uses for which the manufacturer has submitted evidence of safety and efficacy. For example, if a [...]

By | 2018-04-18T16:47:35+00:00 April 18th, 2018|Healthcare Fraud|

Anti-Retaliation Whistleblower Protection Under Dodd-Frank

Fifth Court States Whistleblower Protection if Whistleblower Reports to SEC or Internally to Company The Fifth Circuit ruled on June 17, 2013, that anti-retaliation provisions in Dodd-Frank only protect whistleblowers who disclose alleged fraud to the U.S. Securities and Exchange Commission and not just internally to the company. The case is Asadi v. GE Energy USA [...]

By | 2018-04-18T16:44:56+00:00 April 18th, 2018|SEC Fraud|

False Claims Actions May Rise Under Medicare Part D

A recently unsealed action brought under the False Claims Act is one of the first to allege claims related to Medicare Part D.  Medicare contracts with private entities known as Part D sponsors to administer prescription drug plans.  A sponsor may use subcontractors to obtain and provide the medications.  Medicare  makes certain monthly payments based on a [...]

By | 2018-04-18T16:42:01+00:00 April 18th, 2018|Healthcare Fraud|

Amendments to the California False Claims Act

On August 16, 2012, the California Assembly passed a bill (AB 2492) amending California's False Claims Act, Cal. Gov't Code §§ 12650-12656, which must be signed into law by Governor Jerry Brown. The amendments largely conform the California False Claims Act to the federal False Claims Act. California False Claims Act Key amendments to the California [...]

By | 2018-04-18T16:38:37+00:00 April 18th, 2018|False Claims Act Information|

Enforceable Laws Under the SEC Whistleblower Program & Foreign Corrupt Practices Act

The SEC Whistleblower Program & Foreign Corrupt Practices Act The SEC Whistleblower Program provides monetary incentives for individuals to come forward and report possible violations of the federal securities laws to the SEC. The SEC Whistleblower Program also incorporates violations of the Foreign Corrupt Practices Act ("FCPA") as reportable misconduct to the SEC. The reason the SEC enforces violations [...]

By | 2018-04-18T16:36:10+00:00 April 18th, 2018|SEC Fraud|

The False Claims Act’s “First-to-File” Rule

A whistleblower considering reporting fraud under the False Claims Act should be aware that getting a qui tam case on file before any other potential whistleblower is a critical and necessary part of any potential recovery. The False Claims Act provides that "no other person other than the Government may intervene or bring a related action based on the [...]

By | 2018-04-18T16:34:13+00:00 April 18th, 2018|False Claims Act Information|

Life of a Qui Tam Lawsuit & Why You Want the Government to Intervene

Life of a Qui Tam Lawsuit When it comes to filing a qui tam lawsuit, timing is first and foremost. The Federal False Claims Act is a "first-to-file" law which means that the lawsuit can be dismissed if the relator (the whistleblower who brings the lawsuit) is not the first to make the allegations. Unlike most qui tam lawsuits, [...]

By | 2018-04-18T16:32:23+00:00 April 18th, 2018|False Claims Act Information|

SEC Whistleblower Statute: Section 922 of the Dodd-Frank Act

Securities and Exchange Commission Whistleblower Statute In response to the global financial crisis in 2008, Congress passed financial reform legislation known as the Dodd-Frank Act in 2010, which came into effect in August 2011. In addition to the sweeping new financial regulations, the Dodd-Frank Act contained whistleblower provisions to encourage and incentivize any natural person (not companies [...]

By | 2018-04-18T16:30:15+00:00 April 18th, 2018|SEC Fraud|
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