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SEC Whistleblower Law and the Securities Whistleblower Act

The SEC Whistleblower Statute and Statute of Limitations In July 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama.  Section 922 of the Act states that the SEC will be required to pay a reward to individuals who provide original information to the SEC resulting in monetary […]

Qui Tam Relators Must Be Represented By Counsel

In three 2019 decisions, federal district courts have reiterated the established rule that whistleblowers cannot prosecute a False Claims Act (“FCA”) suit unless they are represented by counsel.  Tavares v. Rhode Island Super. Ct., 2019 WL 2269225, at *2 (D.R.I. May 28, 2019); McGhee v. Light, 2019 WL 2122893, at *2 […]

“Original Source” Under the False Claims Act

One of the critical elements for a whistleblower in successfully bringing a qui tam lawsuit under the False Claims Act is being able to prove that the whistleblower is an “original source.” In general, courts have no jurisdiction over qui tam actions based upon the public disclosure of allegations or transactions, such […]

Off-Label Marketing as Misbranding in Federal False Claims Act Settlements

In recent years, the Department of Justice and qui tam plaintiffs have pursued a rash of claims involving misbranding of prescription drugs based on off-label marketing (where the drug manufacturer promotes a drug for uses not approved by the FDA or makes claims about the safety or efficacy of the drug that […]

Immunity and Protection for Qui Tam Whistleblowers

Many qui tam whistleblowers participated, to one degree or another, in the very fraud that they later report to the government. Usually this is because they either didn’t know the law, or they needed to keep their job and felt they would be fired if they did not “go along.” […]