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June 27, 2014 General

What is ‘Fraud?’: Whistleblower Case Examines Distinction Between Intent and Mistake

Litigation under the federal False Claims Act has steadily increased in recent years, prompting litigants to regularly impose upon appellate courts various questions of law and legislative interpretation. As we reported last week, the U.S. Circuit Courts are evenly split over how specific a Relator must plead claims under the […]
June 26, 2014 General

SEC Settles Unprecedented Whistleblower Retaliation Lawsuit

Like several other federal agencies, the Securities and Exchange Commission has implemented a whistleblower program allowing those with first-hand knowledge of fraud to come forward, report what they know, and enjoy protection from employer retaliation. As we have reported in the past, employees choosing to report fraud to internal compliance […]
June 25, 2014 General

Justice Department Opts to Intervene in Whistleblower Lawsuit Against IPC the Hospitalist

The U.S. Department of Justice has opted to intervene in a whistleblower lawsuit against IPC the Hospitalist, Inc. – a nationwide group of physicians focused on the practice of the “delivery of hospital medicine and related facility-based services.” According to the allegations, IPC has engaged in the consistent practice of […]
June 24, 2014 General

Commodity Futures Trading Commission and SEC Issue Whistleblower Rewards; Withhold Details

While healthcare fraud remains a top priority for the Department of Justice and other governmental agencies, several other areas of fraud are also on the rise – including misconduct against the Internal Revenue Service, Securities and Exchange Commission, and the Commodities Futures Trading Commission.  All of these agencies recently implemented […]
June 23, 2014 General

Bon Secours Embroiled in Latest Rule 9(b) Discrepancy Within Federal Fourth Circuit

As we have reported in the past, the federal Courts of Appeal are engaged in a near-even split over the applicability of Federal Rule of Civil Procedure 9(b) to filings under the False Claims Act. Fed. R. Civ. P. Rule 9(b) reads as follows: In alleging fraud or mistake, a […]
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